Amusingly Scarry Local Government Reviewer

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER

-1-

Control Number: C2005-

OBIT ER The Control Number is to ensure that no illegal copies were made; illegal copies meaning copies reprinted without permission from the APOCRYPHAL MAGGOTS. The APOCRYPHAL MAGGOTS has always endeavored to make readable (short) yet substantial weekly digests. This is also our aim for the reviewer. We are making it as short (and substantial) as possible since (1) this is a reviewer, not a compilation; and (2) we are assuming that you’ve read throughout the semester; hence this is just to refresh your memories. We also included class notes and sample exams. Class notes are represented by  or in text boxes while sample exams are at the end of the reviewer. We added some irreverent material whenever necessary.

Part ….. Part …….

TABLE OF CONTENTS

I: Introduction ……………………… 1 II: Book 1 General Provisions …… 16 A. Policy and Application ……… ……16 B. General Power and Attributes ……19 Part II: Book 2 Local Taxation ………… …….202 Part III: Local Government Units ……… ……244 Part IV: Miscellaneous and Final Provisions ..283 Sample Exams ………………………………… 306

The Apocryphal Maggots: The boys (from left) Chrisgel, Rainier and Geoffry The girls (from left): Corina Grace and Sylvie Blanche

Par t I: Int roduc tion : History Basic Conc epts

and

Bas ic L aw s 1987 Constitution ARTICLE X: LOCAL GOVERNMENT GENERAL PROVISIONS Sec1. The territorial and political subdivisions of the Republic of the Philippines are the provinces, cities, municipalities, and barangays. There shall be autonomous regions in Muslim Mindanao and the Cordilleras as hereinafter provided. Sec2. The territorial and political subdivisions shall enjoy local autonomy. Sec3. The Congress shall enact a local government code which shall provide for a more responsive and accountable local government structure instituted through a system of decentralization with effective mechanisms of recall, initiative, and referendum, allocate among the different local government units their powers, responsibilities, and resources, and provide for the qualifications, election, appointment and removal, term, salaries, powers and functions and duties of local officials, and all other matters relating to the organization and operation of the local units.

CA VE AT:

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Sec4. The President of the Philippines shall exercise general supervision over local governments. 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. Sec5. Each local government unit shall have the power to create its own sources of revenues and to levy taxes, fees and charges subject to such guidelines and limitations as the Congress may provide, consistent with the basic policy of local autonomy. Such taxes, fees, and charges shall accrue exclusively to the local governments. Sec6. Local government units shall have a just share, as determined by law, in the national taxes which shall be automatically released to them. Sec7. Local governments shall be entitled to an equitable share in the proceeds of the utilization and development of the national wealth within their respective areas, in the manner provided by law, including sharing the same with the inhabitants by way of direct benefits. Sec8. The term of office of elective local officials, except barangay officials, which shall be determined by law, shall be three years and no such official shall serve for more than three consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected. Sec9. Legislative bodies of local governments shall have sectoral representation as may be prescribed by law. Sec10. No province, city, municipality, or barangay may be created, divided, merged, abolished, or its boundary substantially altered, except in accordance with the criteria established in the local government code and subject to approval by a majority of the votes cast in a plebiscite in the political units directly affected. Sec11. The Congress may, by law, create special metropolitan political subdivisions, subject to a plebiscite as set forth in Section 10 hereof. The component cities and municipalities shall retain their basic autonomy and shall be entitled to their own local executive and legislative assemblies. The jurisdiction of the metropolitan authority that will thereby be created shall be limited to basic services requiring coordination. Sec12. Cities that are highly urbanized, as determined by law, and component cities whose charters prohibit their voters from voting for provincial elective officials, shall be independent of the province. The voters of component cities within a province, whose charters contain no such prohibition, shall not be deprived of their right to vote for elective provincial officials. Sec13. Local government units may group themselves, consolidate or coordinate their efforts, services, and resources

CA VE AT:

-2for purposes commonly beneficial to them in accordance with law.

Sec14. The President shall provide for regional development councils or other similar bodies composed of local government officials, regional heads of departments and other government offices, and representatives from non-governmental organizations within the regions for purposes of administrative decentralization to strengthen the autonomy of the units therein and to accelerate the economic and social growth and development of the units in the region. AUTONOMOUS REGIONS Sec15. There shall be created autonomous regions in Muslim Mindanao and in the Cordilleras consisting of provinces, cities, municipalities, and geographical areas sharing common and distinctive historical and cultural heritage, economic and social structures, and other relevant characteristics within the framework of this Constitution and the national sovereignty as well as territorial integrity of the Republic of the Philippines. Sec16. The President shall exercise general supervision over autonomous regions to ensure that laws are faithfully executed. Sec17. All powers, functions, and responsibilities not granted by this Constitution or by law to the autonomous regions shall be vested in the National Government. Sec18. The Congress shall enact an organic act for each autonomous region with the assistance and participation of the regional consultative commission composed of representatives appointed by the President from a list of nominees from multisectoral bodies. The organic act shall define the basic structure of government for the region consisting of the executive department and legislative assembly, both of which shall be elective and representative of the constituent political units. The organic acts shall likewise provide for special courts with personal, family, and property law jurisdiction consistent with the provisions of this Constitution and national laws. The creation of the autonomous region shall be effective when approved by majority of the votes cast by the constituent units in a plebiscite called for the purpose, provided that only provinces, cities, and geographic areas voting favorably in such plebiscite shall be included in the autonomous region. Sec19. The first Congress elected under this Constitution shall, within eighteen months from the time of organization of both Houses, pass the organic acts for the autonomous regions in Muslim Mindanao and the Cordilleras. Sec20. Within its territorial jurisdiction and subject to the provisions of this Constitution and national laws, the organic act of autonomous regions shall provide for legislative powers over: 1. Administrative organization; 2. Creation of sources of revenues; 3. Ancestral domain and natural resources;

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER 4. 5. 6. 7. 8. 9.

Personal, family, and property relations; Regional urban and rural planning development; Economic, social, and tourism development; Educational policies; Preservation and development of the cultural heritage; and Such other matters as may be authorized by law for the promotion of the general welfare of the people of the region.

(3) (4)

(5) Sec21. The preservation of peace and order within the regions shall be the responsibility of the local police agencies which shall be organized, maintained, supervised, and utilized in accordance with applicable laws. The defense and security of the regions shall be the responsibility of the National Government.

(6)

-3of local autonomy and monitor compliance thereof by said units; Provide assistance in the preparation of national legislation affecting local government units; Establish and prescribe plans, policies, programs and projects to strengthen the administrative, technical and fiscal capabilities of local government offices and personnel; Formulate and implement policies, plans, programs and projects to meet national and local emergencies arising from natural and man-made disasters; and Perform such other functions as may be provided by law.

Sec4. Organizational Structure. Chapter 2 DEPARTMENT PROPER

A passage from Teresa of Avila’s Conceptions of the Love of God: But when this most wealthy Spouse desires to enrich and comfort the Bride still more, He draws her so closely to Him that she is like one who swoons from excess of pleasure and joy and seems suspended in those Divine arms and drawn near to that sacred side and to those Divine breasts. Sustained by that Divine milk with which her Spouse continually nourishes her and growing in grace so that she may be enabled to receive His comforts, she can do nothing but rejoice… With what to compares this [the soul] known not, save to the caress of a mother who so dearly loves her child and feeds and caresses it.

Chapter 3 DEPARTMENT SERVICES Sec7. Planning Service. Sec8. Financial and Management Service. Sec9. Legal Service. – Sec10. Administrative Service. Sec11. Electronic Data Processing Service. Chapter 4 BUREAUS AND OFFICES Sec12. Bureau of Local Government Supervision. Sec13. Bureau of Local Government Development. Sec14. Office of Public Affairs. Sec15. Local Government Academy. Sec16. National Barangay Operations Office. Sec17. Office of Project Development Services.

ADMINISTRATIVE CODE OF 1987, TitleXII LOCAL GOVERNMENT Chapter 1 GENERAL PROVISIONS Sec1. Declaration of Policy. – The State shall: (1) ensure the autonomy of local governments by providing a more responsive and accountable local government structurethrough a system of decentralization. T (2) guarantee LGUs their just share in national taxes and their equitable share in proceeds from the use of natural resources, and afford them a wider latitude for resources generation. Sec2. Mandate Sec3. Powers and Functions of Department. - To accomplish its mandate, the Department shall: (1) Advise the President on the promulgation of policies, rules, regulations and other issuances relative to the general supervision of local government units; (2) Establish and prescribe rules, regulations and other issuances and implementing laws on the general supervision of local government units and on the promotion

CA VE AT:

Sec5. Office of the Secretary. - The Office of the Secretary shall consist of the Secretary and his immediate staff. Sec6. Undersecretaries and Assistant Secretaries -

Chapter 5 REGIONAL AND FIELD OFFICES Sec18. Regional and Field Offices. Chapter 6 LEAGUES MUNICIPALITIES

OF

PROVINCES,

CITIES

AND

Sec19. Leagues of Provinces, Cities and Municipalities

RA 6975: An Act Establishing The Philippine National Police Under A Reorganized Department Of The Interior And Local Government, And For Other Purposes CHAPTER I: The Department Of The Interior And Local Government

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Sec4. The Department of the Interior and Local Government. — … the Department of Local Government is hereby reorganized into the Department of the Interior and Local Government, … in accordance with the provisions of this Act. Sec5. Powers and Functions of the Department. — … the Department shall continue to exercise the powers and functions of the Department of Local Government in addition to the powers and functions as herein provided. Sec6. Organization. — Sec7. Department Proper. — 1 Sec, 2 USecs and 3 Asst Secs Sec8. Head of Department. — Sec9. General Powers, Term of Office and Compensation of the Secretary. — The authority and responsibility for the exercise … shall be vested in the Secretary, who shall hold office at the pleasure of the President… Sec10. Specific Powers and Functions of the Secretary. — (a) Prepare and submit periodic reports, including a Quarterly Anti-Crime Operations Report and such other reports as the President and Congress may require; (b) Act as Chairman and Presiding Officer of the National Police Commission; and (c) Delegate authority to exercise any substantive or administrative function to the members of the National Police Commission or other officers of rank within the Department. Sec11. Regional Offices. — The Department shall establish, operate and maintain a regional office in each of the administrative regions of the country to implement the policies and programs of the Department… Sec12. Relationship of the Department with the Department of National Defense. — During a period of twenty-four (24) months from the effectivity of this Act, the Armed Forces of the Philippines (AFP) shall continue its present role of preserving the internal and external security of the State: Provided, That said period may be extended by the President, if he finds it justifiable, for another period not exceeding twenty-four (24) months, after which, the Department shall automatically take over from the AFP the primary role of preserving internal security, leaving to the AFP its primary role of preserving external security. However, even after the Department has assumed primary responsibility on matters affecting internal security, including the suppression of insurgency, and there are serious threats to national security and public order, such as where insurgents have gained considerable foothold in the community thereby necessitating the employment of bigger tactical forces and the utilization of higher caliber armaments and better armored vehicles, the President may, upon recommendation of the peace and order council, call upon the Armed Forces of the Philippines to assume the primary role and the Philippine National Police (PNP) to play the supportive role in the area concerned.

CA VE AT:

-4In times of national emergency, all elements of the PNP, the Bureau of Fire Protection, and the Bureau of Jail Management and Penology shall, upon direction of the President, assist the Armed Forces of the Philippines in meeting the national emergency. The complementary relationship between the Department of the Interior and Local Government and the Department of National Defense in any of the preceding eventualities shall be jointly prescribed by their respective Secretaries in a memorandum of agreement that shall thereafter be published and implemented.

RA 8551: An Act Providing For The Reform And Reorganization Of The Philippine National Police And For Other Purposes, Amending Certain Provisions Of RA6975

Renaissance journalist and hip porn-purveyor Aretino writes: “What harm is there in seeing a man mounting a woman? Should beasts, then, be free-er than we are? We should wear that thing nature gave us for the preservation of the species on a chain around our necks or as a medal on our hats; for that is the fountain rivers of human beings come forth from… That thing made you… it created me, and I am better than bread. It produced the Bembos, the Molzas, the Varchis, the Ugolin Martellis… the Titans, and the Michelangelos, and after them the Popes, emperors, and kings. It generated handsome boys and beautiful women with their ‘holy of holies.’ We should celebrate all this by establishing special holy days and festivities in its honor rather than confining it in a small piece of cloth or silk. Men’s hands might be well hidden since they gamble money, swear oaths, practice usury, make obscene gestures, tear, pull, punch, wound and kill.”

Ov er view , H is tor y, A ss es sm en t The Local Government Code -Aquilino Pimentel Local Government Code of 1991 is the result of the Legislative effort to flesh out the mandate embodied in Article X on Local Government of the Constitution. It uproots decades of highly centralized decision making that have deterred the development of the country and places upon the local officials a major portion of the responsibility for the modernization of the local communities. Before, plans and funds for development were decided mainly by the central government in Manila and, at times, even the way development projects and programs in the countryside were to be implemented would be pre-determined by people manning the central government

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Local Governance and Decentralisation: The Philippine Experience, Alex B. Brilliantes, Jr HISTORICAL ACCOUNT AND PRESENT POLITICAL CONTEXT The movement for autonomy has its origins as early as 1898. Local Governments (LG) were subject to regulation including the limitation of powers of taxation in order that provincial & municipal taxation may never be antagonistic to the system of taxation of the State. When Americans arrived at start of 20 th Century, centralisation of the politico-administrative system was effected in order to ensure the consolidation of powers of the colonialists. Throughout their stay, there was a shift from “control” over LG by executive dept to “supervision” towards gen direction of some kind of autonomy for LG. From 1959-present, various laws were enacted to provide greater local autonomy. Then, as now, there is an imperative for a dominant and assertive leadership for the consolidation and survival of weak state BUT there is clamor and demand for maximum autonomy from the central gov’t in order to become more responsive to situations obtaining locally. ISSUES AND CONCERNS A. Administrative Concerns – pertain to personnel, financial, organization and management, intergovernmental relations, and relations with the NGO’s and PO’s and the private sector Major concern: ‘administrative capacities’ or absorptive capabilities of LGU to assume various functions and responsibilities that will be devolved to them Confusion: The LGCode provides that personnel of national gov’t agencies devolved to LG shall be mandatorily absorbed by LG and they shall not suffer any diminution in pay and rank. CSC released memoranda to this effect. BUT nationally employed personnel enjoy higher salaries than locally paid employees. The DBM circulars prohibited LG from allocating more than 45-55% of their budgets for personnel services. Results: Budget is strained so these contradictions must be reconciled. Second Concern: delivery of basic services at the local level will be disrupted largely as a result of transition Because of these concerns, there seemed to be a general hesitancy among LG esp. poorer LG’s to accept the responsibility for the delivery of a whole range of basic services. They fear that they may not be able to financially support the delivery of such services. Original idea in LGCode: Costs of devolution would be charged to IRA of LGU but IRA of LGU is barely sufficient to support the implementation of various programs & projects that will be absorbed by LG.

CA VE AT:

-5-

Hence, LG’s proposed to DBM to set aside a stabilization fund or augmentation fund to assist LG that could not afford the devolution costs at all fronts. HB 6346 was proposed which provides that the costs of devolved services shall be first excluded or deducted from the total IRA allocable to LGU and shall be equitably distributed to them. In 1993, the amount so excluded/deducted shall be the actual cost of devolution. In 1994 onwards, the amount for devolved services shall increase/decrease in proportion to the increase/decrease of the total IRA of LGU’s. B. Political Concerns - pertains to warlordism/ bossism/ refeudalisation, intergovernmental relations, and GO-NGO relations The issue of decentralization and local autonomy is really anchored on power and how it should be dispersed from the center and how it will be shared among various levels of gov’t. Since LGCode encourages participation of NGOs. there is a danger that the term NGO might be construed and abused in its broadest and most liberal context resulting in the sprouting of all kinds of NGO’s, fly-by-night and politician-organised NGO. Some see NGO’s as a ‘back door’ to local politics. There is political issue of turf and delineation of sharing of power among various levels of gov’t (National-Local, Local-local) LGCode encourages partnership but problems are inevitable in the process of getting to know each other. Some sectors have attempted to derail the LGCode provision of sectoral representation in the local sanggunian claiming budgetary concerns. The concern that devolution will lead to warlordism is certainly a possibility but LGCode process of local autonomy also entails accountability with provisions for recall and initiative. CONCLUSION The passage of the LGCode, while an answer to the decade-old problem of overcentralisation has brought with it politicoadministrative shocks and stresses upon the LG system. But these problems and stresses are not insurmountable. Support is needed and can be manifested by: a. b. c. d.

non-interruption of IRA to LGU proper allocation of the augmentation fund identified by the DILG specifically in terms of demonstrating a bias for lower income LGU support for various capability-building efforts of various institutions such as those conducted by academic and nonacademic institutions encouragement of NGO participation in the various mechanisms made available to them.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER e.

Promotion of local accountabilities through the system of recall.

The enactment of LG Code somehow marks the culmination of the struggle of the local institutions. The political will to implement this code is indispensable. Choices that demonstrate bias for local autonomy have to be made with central officials and agencies taking secondary role this time. Otherwise, it will remain another piece of legislation that will follow the well-trodden path to nonimplementation.

5.

Local Governments In A Democratizing Polity: Trends And Prospects Alex Brillantes, Jr. Introduction The enactment of a Local Government Code in the Philippines in 1991 was the most radical and far reaching policy. The promulgation of the LGC in 1991 was a move welcomed by most sectors of society, which finally transferred the responsibility for the delivery of basic services to the local government units, including appropriate personnel, assets, equipment, programs and projects. There were already historical attempts to decentralize power and authority to local institution (e.g. enactment of LGC in 1983) but remained only in paper. Basic Features of the LGC 1. Radical transformation of the nature of relationship between the national government and the LGUs. transfer of fundamental responsibilities and accountabilities increase of financial resources available move to encourage active participation of the private sector, NGOs and Pos leading to a Phil. contribution in redefining notion of “governance” 2. Responsibility for delivery of basic services that earlier were the responsibility of the national government… health (field health, hospital services and other tertiary services) social services (social welfare) environment (community based forestry projects) agriculture (agricultural extension and on-site research) public works (funded by local funds) education (school building program) tourism (facilities, promotion and development) telecommunications services and housing projects (for provinces and cities) other services such as investment support 3. Responsibility for enforcement of certain regulatory powers such as: reclassification of agricultural lands enforcement of environmental laws inspection of food products and quarantine enforcement of Nat’l Building Code operation of tricycles processing and approval of subdivision plans establishment of cockpits and holding of cockfights 4. Increase in available financial resources to LGUs by

CA VE AT:

-6broadening their taxing powers providing them with specific share from national wealth exploited in their area (mining, fishery, forestry charges) increasing share from national taxes (IRA – internal revenue allotments from 11% to 40%) increased elbow room to generate revenues from local fees and charges Foundation for development and evolution of more entrepreneurial-oriented LGUs – to: enter into B-O-T arrangements with private sector float bonds obtain loans from private institutions, etc  to encourage them to be “more business-like” and competitive in their operations contradistinguished from “traditional” government norms and operations -

6.

Legal infrastructure for participation of NGOs and Pos in the process of governance by making their membership in local special bodies mandatory (e.g. local development council, local health board, and local school board)  enabling direct citizen participation to promote local accountability and aswerability, specifically through recall and people’s initiative provisions one mechanism to lead to people empowerment redefinition of notion of governance where it once refereed mostly to basic and formal structures and processes of government, and now recognized key role of the private sector, NGOs and Pos

Implementing Devolution has not been easy because of a number of intervening factors hampering smooth implementation 1. simultaneous conduct of legal and national elections in 1992 2. resistance of certain devolved agencies to devolution (mostly DOH) and subsequent moves to recentralize health sector as advocated by certain members of Congress 3. unequal distribution of financial resources (IRA), as a result of a not-so-studied formula among various levels of loc govts., with cities gaining most, while municipalities and provinces are not able to afford cost of devolution 4. “lags” in release of IRA shares of LGUs, hence proposal that these should be automatically appropriated to LGUs 5. lack of guidelines to define and clarify intergovernmental relations (national-local, local-local) 6. hesitance among NGOs and Pos to participate in local governance due to continuing distrust between government sectos 7. general lack of information about LGC Devolved Sectors Health (DOH) Problems encountered – career paths of devolved personnel, nonabsorption by LGUs, lower salaries, lack of adequate and appropriate medicines, purchasing procedures, late deliveries… Would have been recentralized but bill was vetoed by the President upon advice of LGUs and through leadership of DOH. Social Services (DSWD)

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER As a consequence of devolution of health personnel, LGUs are encouraged to appoint a social welfare officer in respective localities. DSWD has devolved substantial programs and projects to LGUs, and several dep’t orders have been issued to support and operationalize this devolution process. Environment and Natural Resources(DENR) Selective devolution of forest management, protected areas and wildlife, environment management, mines and geosciences management, and land management. Issuance of several dept circulars and implementing guidelines (DAO) but DAO30 clearly shows continuing primacy of DENR in implementation of DENR functions. Within such context, Pimentel actually proposed that power and authority of LGUs over environment should be more specific and even more extensive. Agriculture Problems encountered – rejection of regular employees (131) because of possible duplication of position/personnel at local level (administrative non-viability). But before implementation, there have been duplication at the provincial level. Some LGUs introduce innovations (appointment of devolved personnel as provincial coop officer as in Bulacan) to address the problem of possible duplication and importantly to underscore and implement a policy thrust to cooperatives. DOA has prepared various guides and manuals on devolution to serve as fundamental references for LGUs in the process of absorbing devolved agricultural services. The Interagency Oversight Committee constituted to support implementation of LGC includes: LGUs through their respective leagues, Bureau of Local Government Finance of DOF, Department of Budget and Management, and DILG would address specific problems encountered in the implementation of the Code referred to it (e.g. its ability to respond to devolution-related issues given the realities and constraints of operating as an inter-agency committee with practically no full time staff to provide technical support and assistance)

-

-

-

some issues and concerns could already be acted upon without having to wait for committee to meet as a whole (e.g. transition action teams, resolved by existing issuances, policies, circulars, admin and exec orders, directives and guidelines)  issues not settled by transition action teams will be elevated to oversight committee for resolution entirely possible for it to address issues and concerns that would also help define nat’l-local relations, with emphasis on areas recommended for increased nat’l government participation in local development issues mostly pertain to the need to clarify concerns including the powers and latitude of various levels of local governments, classified as: o Local Finance/Local Fiscal Administration o Local Legislation/Clarifying the Role/s of the Local Legislative Bodies o Personnel Administration o Regulatory Powers of LGUs

CA VE AT:

o o

-7Relationship between LGUs and NGOs/Pos Clarifying the Roles and Powers of Oversight Committee

Devolution Master Plan Phase1: Changeover Phase (92-93) – involved transfer to LGUs of devolved functions, with corresponding assets and personnel Phase2: Transition Phase (94-96) – national government agencies (NGAs) and LGUs to institutionalize their adjustments to decentralized schemes introduced by LGC Phase3: Stabilization Phase (97 onwards) – assumed that LGUs will have built adequate capacities in managing local affairs, and NGAs will provide constant support and technical assistance to LGUs Devolution Works: Best Practices at the Local Level Indications that devolution is working: celebrated cases of abuses by local officials innovativeness and creativity at the local level has been engendered by the LGC NGOs and POs have also been encouraged to be active participants in the process of governance at the local level Partnerships between various sectors have been developed

-

Gantimpalang Panglingkod Pook (Galing Pook Program) where winners are selected based on following criteria: (1) effectiveness of service delivery (extent to which program made good its promise), (2) positive socioeconomic/ environment impact (improvement the program made on the life in the community, and how much the community cared for the environment), (3) promotion of people empowerment (how many in the community were encouraged to participate in activities meant for the common good), 94) transferability (likelihood of program’s ability to inspire other communities to successfully adopt it) o On health services, environmental management, public finance, peace initiatives, integrated approach to development, sociocultural development, employment generation/livelihood, productivity improvement o E.g. Taking Care of People and Environment in Negros Oriental (construction of a Community Primary Hospital in hinterlands of Negros Oriental with Community Based Resource Management Approach empowering fisherfolk to take lead in environment protection), Energizing the Purok in Sampaloc, Quezon (KapitBisig Program), Saving the Mangroves in Kalibo, Aklan (reforestation of 50-hec swampland), Saving the Marikina River, Transforming Malalag into a Provincial Agro-Industrial Center in Davao del Sur, Acquiring a Complete Equipment Pool in Munoz, Nueva Ecija, Floating Bonds for Low Cost Housing in Victorias, Negros Occidental, Improving the Productivity in Naga City, Sustaining Development through an Integrated Approach in Guagua, Pampanga, and Enriching for a Brighter Tomorrow in Bulacan (enriching cultural and historical heritage of Bulacan)… o Brought about activities in implementation of capability building programs for local governments

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER  

Local Government Academty (LGA) shift of methodology and approach to experiential learning Lakbay Aral (study visits)

Concluding Statement Local governments play a central role in any democratizing polity. The local governments’ success and response to the basic needs of the people is the success of the national government. The burden upon the shoulders of the local governments is indeed heavy. This should tell the national government to extend as much support to local governments in order for them to be more responsive to the needs of the people. While implementation may not be a smashing success, it is not a failure either. Significant inroads have been made in the devolution process to deconstruct the highly centralized institutions and processes that have long characterized the Philippine politicoadministrative system. Local institutions and processes have been set in place Master Plan provides guideposts and milestones to ensure sustained and progressive implementation of LGC Oversight Committee promises to be vigorously involved The support of various concerned agencies to increase LGUs absorptive capacities, through preparation of guidelines, manuals for devolution, and even developing various capability building programs with appropriate institution also augurs well for devolution. Increasing the financial resources of LGUs still play a very important and critical role where IRA is a major source. Proposals to reconfigure IRA distribution formula to eliminate bias in favor of cities and conversely against provinces and municipalities should be seriously considered Pending bills in Congress to amend Code that would initially subtract cost of devolution before computing IRA share of LGUs  role of central government in distributing and redistributing wealth and resources to favor the less endowed LGUs. There are also various innovations to increase and stretch local resources. granting by LGC provisions of relatively broader taxing powers to LGUs creative use by LGUs of powers available to them o revenue generation strategies such as B-O-T method to build public markets and facilities o flotation of bonds to finance construction of public housing  Devolution and Local Autonomy is all about: unleashing the creative powers and resources at the local level towards the general objective of developing self-reliance and lessen dependence upon the central government (has been one reason for the state of underdevelopment of local government units in the Philippines) Local government units in the Phils are undergoing fundamental structural and ideological transformation as a result of devolution, which may be better appreciated if placed within the proper context.

CA VE AT:

-8-

The World BANK, Decentralization: Rethinking Government, in World Development Report 1999/200: Entering the 21st Century 107-124 (1999) Thesis: The success of decentralization (DC for brevity) depends on its design. The success (or failure) of DC affects: 1. Political Stability  When a country is divided along geographic or ethnic lines, DC provides an institutional mechanism for bringing opposition groups into a formal rule-bound bargaining process (ex. South Africa and Uganda) 2.Public Service Performance Arguments for DC...  DC increases efficiency and responsiveness of gov’t because...  local elected leaders know their constituents better than nat’l authorities  physical proximity makes it easier for citizens to hold local officials accountable for performance 

DC creates competition among local govts (LG for brevity) to better satisfy citizen’s needs if population is mobile.

...but supporting evidence is scanty because the causal relationships are difficult to prove since...  Govt’s perform various functions under various circumstances  efficiency and responsiveness can be hard to measure Thus, how DC affects access and quality of public service depends on the way it is designed and implemented. What LG can achieve depend on resources and responsibilities they are given and the power of National Governments (NG for brevity) to override LG decisions. 3. Equity Whether or not DC exacerbates income differences depends on 2 factors:

1) 

Horizontal equity – the LGs capacity to generate funds so as to be able to deliver an equivalent level of services to their population. As the cost of providing public service vary, most decentralized fiscal systems include equalization grants. A difficulty with these grants is that LG may differ in their willingness to raise taxes. Further, the grants create an incentive for LG to understate their tax bases or relative wealth in order to maximize transfers.

2)

Within-state equity – the LGs willingness to redistribute income w/in its borders

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER 

In most countries, income inequality is due more to differences among individuals w/in a province than among the provinces. Thus, even dramatic redistribution across regions will have limited results unless targeting is improved within regions themselves. This, in turn, depends on the ability and willingness of LG to engage in redistribution, because studies show local officials and community groups are better placed to identify and reach the poor than the NG. Studies also show that LG differ in their responsiveness to the needs of the poor. Thus, the success in targeting the poor requires a combination of national and subnational efforts. Generally, the bulk of the funding needs to remain a NG responsibility, but the better information available to local officials can be tapped by involving LG in the delivery and management of social services. But NG needs to retain a monitoring role to ensure that redistributive goals are satisfied.

4. Macroeconomic stability  Fiscal DC reduces the NG control over public resources. Deficit spending by LG can also thwart NG efforts to cool the economy by restraining public expenditure.  When revenues are decentralized before expenditure responsibilities, NG are forced to maintain spending level w/in a smaller resource base, resulting in large NG deficits. By separating taxing and spending powers LG incurs only a fraction of the political and financial costs of their expenditure. From centralized to decentralized governance A decentralization program must adapt to the country’s prevailing conditions; however experience yields some universal lessons such as:  the need for a coherent set of rules to replace the hierarchical system of governance. A major challenge to DC is to instutionalize the balance of power between the NG and LG. To weather this challenge, oral or written rules must both protect and limit the rights of LG. Making these rules explicit and reasonably permanent reduces uncertainty and provides a common ground for all players in the political process. To be sustainable, it must be “self-enforcing”-all parties must believe they have more to gain by adhering to the rules than by breaking them. 3 Major categories/sets of Rules: a) Balancing political power between central and local interests Since the rules governing the LG and NG are almost always established generally by the NG, the balance between them is dependent on the influence of regional interests on the NG. The stability of such balance hinges on the designs of institutions that

CA VE AT:

-9make it in the interest of the LG and NG to cooperate with each other.  Moderating regional influence on the NG Such influence is dependent on 2 factors:

1.

the way regional interests are incorporated in the national legislature w/c determines a LG’s ability to pressure the NG to change the rules electoral arrangements matter

2.

strength of the national executive which influences the NG ability to withstand such pressure

depends on: a) the strength of the chief executive and whether a clear majority emerges in parliament; and b) the electoral system  Creating incentives for NG and LG to cooperate Political parties play a crucial and often underestimated role in this process (ex. US and Germany vs Canada). Institutions can be designed to promote a commonality of interests. The electoral system and the resulting party structure determine the degree to w/c the political system is nationally integrated. Note, there is no single best way to divide national political power between NG and LG. Nor can single const’l provision ensure that that NG and LG elites will find it in their interest to cooperate. But whatever the system is adopted, it must not make the NG a prisoner of LG interests. b) The structure, functions and resources of LGs Structure and functions Fiscal Federalist framework and its practical limits This traditional approach calls for a LG structure with several tiers, with each tier delivering those services that provide benefits or those residing in the jurisdiction. This model identifies 3 roles for the public sector: macroeconomic stabilization, income redistribution and resource allocation [in case of market failure]. The model assigns the stabilization role to the NG because it controls monetary policy and has more scope to use fiscal policy than LG. It also assigns income redistribution to NG since local attempts would result in inefficient population movements. The model assigns a significant role to LGs in allocating resources because local politics can approximate the efficiencies of a market in the allocation of local public services. Recent literature has recognized that while the NG should continue funding and designing redistribution efforts, LG are

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER often in a good position to implement and administer standardized national policies. 2 practical obstacles: 1) in developing countries where land and labor markets may not function well and the democratic tradition is in its infancy, it is unrealistic to assume that people can move easily between jurisdictions or make their voices heard; 2) establishing separate tiers of service is costly and poses serious coordination problems. The structure of LG Although the appropriate number of tiers of government and jurisdiction in each country varies depending on its characteristics, all countries face the same trade-off between representation and cost. Trends in mature decentralized countries is the reduction of the number of subnational units, largely on the grounds of efficiency and cost. Among poor countries, the trend is otherwise perhaps in part because a block grant available to each LG creates an incentive to divide jurisdictions. Clarifying the allocation of functions and allowing for shared functions Providing services centrally creates economies of scale and captures externalities but at the cost of imposing a common policy on populations with varied preferences and priorities. This tradeoff, w/c is the basis of the fiscal federalist approach, guides some of the choices that must be made in allocating functions. Such responsibility-sharing arrangements are complex. But they work well when they are clear and each tier’s responsibilities are relatively well-defined, and when the regulatory framework anticipates that LGs are sometimes NG agents and sometimes principals acting on their own. Without clarity and an appropriate regulatory framework, there can be no accountability. Assigning and controlling resources It may perhaps be the thorniest issue in DC, experience nevertheless provides 2 lessons in this area: 1) LG needs resources commensurate with their responsibilities 2) LG authorities must operate under firm budget constraints, so that they do not spend or borrow excessively in the expectation of a NG bailout Guiding principle: finance should follow function because not only should resources be commensurate with what they fund, but also because the type of revenue used affects consumer behavior and results in different patterns of incidence. Overall, the appropriate structure of subnational finance depends on the functions that have been assigned to each tier of government. Certain forms of taxation are appropriate for financing local services with benefits that cant be confined to individual consumers and must fall on residents of the jurisdiction and be a direct tax (ex. realty tax). But direct taxation in developing countries often yield limited revenues. The income tax is of limited use where most of the economy operates informally. To compensate, most rely on various forms of business taxation, which are politically easier to impose since the effects are hidden

CA VE AT:

- 10 in the price of goods. Overall subnational taxes are seldom a large share of subnational revenues although there is scope in improving local revenue collection. The role of transfers Their design is a critical factor in DC. Transfers are needed to fund services LG provides on behalf of the NG while local revenues ideally scover local expenditure. Governments can use transfers to influence the sectoral pattern of local expenditure by earmarking or disbursing transfers in the form of matching grants. 3 variables: 1) amount to be distributed, 2) criteria for distributing transfers among jurisdictions, 3) conditionaities imposed on the use transfers. Transfers should be designed according to their objectives. Those intended to finance functions that the municipal government is performing on behalf of the NG should be earmarked. In practice, most transfers take the form of block grants. Some basic principles are applicable to all types of transfers: Transfers should be determined as openly, transparently and objectively as possible. They should be kept reasonably stable from year to year so that LG can plan their budgets. And they should be distributed on the basis of predetermined rules. This eliminates the uncertainty and bargaining that often plague intergovernmental fiscal relations. Controlling subnational debt In principle, subnational borrowing is a private transaction but the NG is often drawn reluctantly into the transaction because of its responsibility for the stability of the financial system. An alternative to private financing is for the NG to provide long term credit, but the repayment record is poor. Loan allocation tends to become politicized while debt collection is lax, with national taxpayers ultimately bearing the burden. Generally, private financing is either already the primary sources of LG credit or is meant to eventually replace NG financing. This requires developing means to protect the NG and the national financial system from exposure to excessive subnational debt. 4 approaches: 1) market discipline • To be effective, a laissez-faire approach requires that a number of conditions hold-the most important being the credibility of the NG commitment not to intervene. It also requires avoiding situations in which the NG would be forced to intervene. 2) cooperation between LG and NG to decide what constitutes an appropriate level of indebtedness 3) direct regulation of subnational borrowing • Subject to political bargaining and are generally at odds with the end towards DC. Also, they make it even more difficult for the CG to refuse to intervene and rescue LG. But administrative controls are appropriate for external borrowing because a LG behavior on the intl market could have contagion effects on the ratings of other national borrowers and because managing the external debt is the macroeconomic responsibility of the NG. 4) Rule-based controls (ex. ceilings on debt service ratios)

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER • •

more transparent and less subject to political interference especially when they set global limits that mimic markets. Fundamentally however, rules and control will be ineffective unless accompanied by market discipline and a credible no-bailout pledge by the NG.

Central regulation of LG When NG in decentralizing countries tend to compensate for their loss of direct control by steeping up their regulation of LG tends to be counterproductive if NG with limited knowledge of local conditions micromanage local functions of if they impose costs they are not prepared to finance. Personnel matters are one area in which central regulation is undesirable. If a NG is concerned about nepotism or overstaffing at local levels, it can address them in other ways. But NG involvement in personnel matters also reflects the power of public sector unions and their ability to organize nationally. NG regulation remain appropriate in a wide range of other circumstances. When LG act as agents of the NG, regulation and monitoring are needed to enforce national mandates and standards. Regulation is also essential to ensure validity of the local electoral process and to address conflicts between units of subnational government. But a free press, improved access to information, the growth of democracy at subnational levels and the increasing ability of local interest groups to monitor LG performance decrease the need for central regulation. c) Making LG accountable 3 sets of complementary measures should be pursued: 1. Adopting effective electoral rules Making elections highly visible events, facilitating participation and demonstrating that votes matter will affect electoral outcomes in any society. a) rules to improve visibility, participation, and expected payoffs Hold concurrent local and national elections, although this approach carries with it the risk of national issues overshadowing local concerns Mayor or governor elected directly by the whole constituency, while state assembly members or municipal councilors are elected by district or neighborhoods. b) rules that promote effective governance Effective governance requires stable coalitions and an executive with reasonably strong and clear powers Majority voting rather than proportional represenation Separating executive and legislative branches of LG and electing the chief executive directly 2. Harnessing civil society a) Civil society and formal political participation

CA VE AT:

- 11 Dependent on the strength of community organizations and their ability to organize Local officials must be willing to tap them Civil society’s formal participation has its limits: Active civic organizations are need to draw on local traditions; not always effective and may only reflect the views of a narrow segment of the population. b) Civil society and political parties Once democratic movements achieve their immediate goals, the civic energy that fueled them often dissipates. Political parties can help maintain a continuing link between civil society and government. Parties aggregate the demands of a dispersed population, represent political interests, recruit and train new candidates for office, ensure electoral competition, and form governments. They can help organize minorities and the poor and facilitate their participation in the formal electoral process. 3. Developing an effective local administration Both NG and LG can take measures to improve the effective ness of local administration: 1) When NG has decentralized responsibilities, it can also devolve the appropriate staff; 2) LG should be free to hire, fire and offer appropriate packages so that they can attract capable local officials; 3) Privatization can reduce the number of skilled administrators needed by LG since privatized services require only monitoring and regulation. Decentralization itself, by giving LG greater responsibilities and control over resources will then increase their incentives to invest further in their own administrative capabilities. Policies for the transition DC typically takes place during periods of political and economic upheaval. Even when DC occurs in a less dramatic context, questions of timing and strategy still arise Synchronizing the elements of reform The recent history of DC illustrates the dangers of not sequencing appropriately. 1. Put expenditure and revenue rules in place before political liberalization 2. Decentralize a function and its corresponding revenue source simultaneously 3. Decentralize the needed management controls Demonstrating the hard budget constraint NG must demonstrate early on that they are committed to imposing a hard budget constraint on LG. The mere possibility of NG bailout can prompt excess spending and deficit financing at the subnational level. What lessons for the future?

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER A system based on rules produces better results than one that is not. Explicit rules setting out the division of functional responsibility among levels of government reduce ambiguity and increase political accountability. They also provide a framework within which interest groups can compete and negotiate without resorting to violence Some rules work better than others. Revenues need to be decentralized at the same time as expenditures so that finance follows function. A “hands-off” attitude when LG defaults on their loans may be more important in controlling debt than the most comprehensive set of regulations and controls. LG with multiple tiers and many small units are likely to have high administrative overhead costs.

- 12 -

1.

Short Title: Section one is the short title of the code. Its long title is An Act Providing for a Local Government Code of 1991

2.

Effectivity Date: Under Section 536, the code shall take effect on January 1, 1992, after its complete publication in at least one newspaper of general circulation (Malaya)

3.

Defn of Local Government Unit: is a political subdivision of a nation or state which is constituted by law and has substantial control of local affairs

Section 2 Comments: Fusion Sex (Herb Goldberg, Hazards of Being Male) Recently I have been exploring the possibility of different kinds of intensities of male orgasms and sexual experiences. I brought the issue up at a marathon psychotherapy session two years ago and discovered that not all but a number of men had experienced what I have come to term “fusion sex.” The experience of fusion sex is one of an intense, totally un-selfconscious sexual coming together during which the male is not focusing on or aware of having sex per se but is simply a part of a wholly spontaneous, ecstatic union or fusion with the female, one that often brings him to tears of joy. In fusion sex there is the phenomenon of a seemingly endless potency, lasting sometimes for an entire weekend or several days during which time he remains in bed making love continually. Men who have reported fusion sex to me describe the phenomenon of ejaculating and then almost immediately becoming erect again. They may have as many as twelve to fifteen orgasms during a weekend’s experience of fusion sex. Indeed, the cup overfloweth. (to be continued…)

Lo cal G ov er nm en t, D ece nt raliz at ion, Aut onom y

1.

Reiteration of Constitutional Policies: It was the intent of Congress that LGUs shall possess genuine and meaningful local autonomy to accelerate their fullest development as selfreliant communities and make them more effective partners in the attainment of national goals

2.

Spirit of Liberty in Local Autonomy: Supreme Court ruled in the case of San Juan v Civil Service Commission (196 SCRA 69) that the national officials should not only comply with the constitutional provisions on local autonomy but should also appreciate the spirit of liberty upon which these provisions are based

3.

Meaning of Autonomy: came from the Greek language which means to live under one's own laws. Applied to the Philippine situation, it means the power of local government units to enjoy limited self-government as defined by law.

4.

Decentralization: The principle of autonomy does not make local govt's sovereign within the state. It simply means decentralization (Basco v PAGCOR). It is a means to wean LGUs from overdependence on the central government However, Decentralization is more akin to "Deconcentration" whereby central government offices are transferred to regions but remain under control of the central govt. Example: regional offices

5.

Devolution: this is the term that more closely approximates what the Local Government Code does for LGUs. It is defined by the code as "the acts by which the National Government confers power and authority upon the various LGUs to perform specific functions and responsibilities" Process proceeds from National government to LGUs. Hence, the devolution is made possible without any intermediary.

The Local Government Code Pimentel, (pp 13-17) ** Books, Titles, Chapters, and Sections provided herein pertain to those in the Local Government Code. Please refer accordingly.

•

Book I General Provisions Title One: Basic Principles Chapter 1. The Code: Policy and Application

•

Section 1 Comments:

CA VE AT:

Devfolution of power does not stop at the level of any one LGU. Rather, it seeps down to all levels. Example: funds go directly to the barangay, not through a municipal mayor or treasurer as was the case before.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER •

- 13 must be deemed to have been repealed by Sec2 Art III of the Provisional Constitution.

Powers LGUs may exercise: 1)

those expressly conferred

2)

those implied from those expressly granted

3)

those necessary, appropriate, or incidental for efficient and effective governance

4)

essential to the promotion of the general welfare of their inhabitants

6.

Accountable Local Officials: this section emphasizes that local govt officials must be accountable for their acts, otherwise they can be recalled even during their term.

7.

Initiative, Referendum, and Recall: These new powers are now available to the people, being exercised by registered voters residing within a territory of an LGU under the circumstances provided by the code.

8.

Consultation Required: consultation is now required before any project is implemented, not only with the LGUs but also with the NGOs and People's Organizations.

9.

Mandatory Consultations: Not only central government agencies but even government owned or controlled corporations should undergo such consultations (Art 54, Rules Implementing the Local Government Code of 1991)

10. Ecology

and Environment: The maintenance and preservation of a sound ecological balance and clean environment are salient concerns in the code, tempering modernization and development.

De Leon vs. Esguerra (1987) Facts: Pursuant to the Barangay Elections Act of 1982,barangay elections were held and De Leon was elected as barangay captain, while other petitioners were elected as barangay councilmen. De Leon received a memorandum antedated Dec 1, 1986 but signed by OIC Governor Esguerra on Feb 8, 1987 designating Magno as Brgy Capt of Brgy Dolores. a similar memorandum was signed by the OIC Governor for the replacement of the councilmen of Brgy Dolores. Petitioners want these memoranda declared null and void because there term has not yet ended and becaue of the ratification of the 1987 Const, OIC had no longer authority to replace them Repsondents aver that the terms of office of elective and appointive officials were abolished and that petitioners continued in office by virtue of a holdover capacity and not because their term of 6 years had not yet expired; and that the provision in the Brgy Election Act providing for the 6-year term

CA VE AT:

Held: The designations made by respondent were not valid. The provision in the Provisional Constitution must be deemed to have been overtaken by Section 27, Article XVIII of the 1987 Constitution. The 1987 Constitution was ratified in a plebiscite on February 2, 1987. By that date, thus, the Provisional Constitution must be deemed to have been superceded. Hence, the OIC Governor could no longer rely on a provision of this superceded constitution to designate respondents to the elective positions occupied by petitioners. Petitioners must now be held to have acquired security of tenure Sarmiento dissents: the Constitution took effect on February 11, 1987, not February 2, 1987.

San Juan vs. Civil Service Commission (1991) Facts: Gov. San Juan appointed Santos as Acting PBO (Provincial Budget Officer) of Rizal Province and informed DBM Reg.IV Dir. and asked him to endorse the appointment. However, Dir. recommended the appointment of Almajose as PBO since she is the only CPA among the contenders. DBM Usec. signed the appointment papers of Almajose w/out the knowledge of Gov. San Juan. The new Reg. IV Dir. informed Gov. San Juan that Santos was not qualified and asked that he submit 3 other nominees. However, Gov. San Juan learned of Almajoses’s appointment by the Usec and filed a letter-protest with the DBM Secretary. DBM ruled that letter-protest is not meritorious. Motion for Recon was denied. Thus, Gov. San Juan appealed to Civil Service Commission (CSC) which issued a resolution dismissing Gov. San Juan’s claim. Held: The DBM cannot appoint anyone it wants when the recomendee of the Governor is unqualified. The issue involves the application of a most important constitutional policy and principle, that of local autonomy. The clear mandate on local autonomy must be obeyed. Where a law is capable of two interpretations, one in favor of centralized power in Malacañang and the other beneficial to local autonomy, the scales must be weighed in favor of autonomy. The exercise by local gov’t of meaningful power has been a goal since the turn of the century. When CSC interpreted the recommending power of the Provincial Governor as purely directory, it went against the letter and spirit of the constitutional provisions on local autonomy. If the DBM Secretary jealously hoards the entirety of budgetary powers and ignores the right of local governments to develop self-reliance and resoluteness in the handling of their own funds, the goal of meaningful local autonomy is frustrated and set back. The DBM may appoint only from the list of qualified recommendees nominated by the Governor. If none is qualified, he must return the list of nominees to the Governor explaining why no

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER one meets the legal requirements and ask for new recommendees who have the necessary eligibilities and qualifications.

Ganzon vs. CA (1991) Facts: Series of administrative complaints (10) were filed against Mayor Ganzon by various city officials sometime in 1988. Mayor Ganzon answered and cases were set for hearing (where a series of postponements occurred). *Sec. Santos (of Department of Local Government) issued several consecutive preventive suspension orders. Ganzon obviously complains saying that he was denied due process and President has no power to investigate/suspend local officials. Held: The 1987 Constitution did not intend to divest the legislature of its right, or the President of his prerogative as conferred by existing legislation, to provide administrative sanctions against local officials. The deletion was meant to stress, sub silencio, the objective of framers to strengthen local autonomy by severing congressional control of its affairs, as observed by CA, like the power of local legislation… BUT it did nothing more. Insofar as existing legislation authorizes the President (through Sec of Local Government) to proceed against local officials administratively, Consti contains no prohibition. Although President, through Sec Santos is not precluded from exercising a legal power, it appears that Santos is exercising it oppressively and with a grave abuse of discretionby (a) inflicting on Ganzon successive suspensions when he had sufficient time to gather necessary evidence to build a case without suspending him a day longer and (b) he has been cracking down on Ganzon piecemeal – to pin him down ten times (10complaints) when he could have pursued a consolidated effort RULES laid down by SC: 1. Local autonomy, under Consti, involves a mere decentralization of administration, not of power, in which local officials remain accountable to the central government in the manner the law may provide. 2. The new Consti does not prescribe federalism. 3. The change in constitutional language (w/respect to supervision clause) was meant to deny legislative control over local governments; it did not exempt the latter from legislative regulations provided regulation is consistent with the fundamental premise of autonomy. 4. Since local governments remain accountable to the national authority, the latter may, and in the manner set forth therein, impose disciplinary action against local officials; 5. “Supervision” and “investigation” are not inconsistent terms; “investigation” does not signify “control” (which President does not have).

Basco vs. Pagcor (1991)

CA VE AT:

- 14 -

Facts: Basco et al petition seeking to annul the Philippine Amusement and Gaming Corporation (PAGCOR) Charter (PD 1869). They claim that PD 1869 is unconstitutional since it constitutes an intrusion and waiver of Manila's right to impose taxes and license fees, which is recognized by law; This is in contravention of the constitutionally enshrined principle of local autonomy; Held: Their contention is without merit because: (a) The City of Manila, being a mere Municipal corporation has no inherent right to impose taxes. Thus, "the Charter or statute must plainly show an intent to confer that power or the municipality cannot assume it". Its "power to tax" therefore must always yield to a legislative act which is superior having been passed upon by the state itself which has the "inherent power to tax". (b) The Charter of the City of Manila is subject to control by Congress. And if Congress can grant the City of Manila the power to tax certain matters, it can also provide for exemptions or even take back the power. (c) The City of Manila's power to impose license fees on gambling, has long been revoked. (d) Local governments have no power to tax instrumentalities of the National Government [note this has already been dumped by SC in later cases under local taxation]. The power of local government to "impose taxes and fees" is always subject to "limitations" which Congress may provide by law. Since PD 1869 remains an "operative" law until "amended, repealed or revoked" (Sec. 3, Art. XVIII, 1987 Constitution), its "exemption clause" remains as an exception to the exercise of the power of local governments to impose taxes and fees. It cannot therefore be violative but rather is consistent with the principle of local autonomy.

Magtajas vs. Pryce Properties Corp. (1994) Facts: PAGCOR decided to expand its operations to Cagayan de Oro city (CDO) for which it leased a portion of a building owned by Pryce for the operation of a casino. SP of CDO enacted ordinances (1) prohibiting the issuance of business permit and canceling existing business permit to any establishment for the using and allowing to be used its premises or portion thereof for the operation of a casino and (2) prohibiting the operation of casino and providing a penalty for violation thereof. Pryce and PAGCOR assailed the ordinances before the CA. CA declared ordinances invalid and issued writ of prohibition. Held: Enacted ordinances were invalid. For an ordinance to valid: (1) it must not contravene the constitution or any statute; (2) it must not be unfair and oppressive; (3) it must not be partial or discriminatory; (4) it must not prohibit but may regulate; (5) it must be general and consistent with public policy; (6) it must not be unreasonable. As to the contention that it is allowed by Sec 458 to prohibit all kinds of gambling, it must be noted that in Sec 458, since the word "gambling" is associated with "and other prohibited games of chance," the word should be read as referring only to illegal gambling which, like other prohibited games of chance, must

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER be prevented or suppressed. Such interpretation is in accordance with the rule of noscitur a sociis (a word or phrase should be interpreted in relation to, or given the same meaning of, words with which it is associated.) Further, implied repeals are not lightly presumed in the absence of clear and unmistakable showing of such intention. A reading of the entire repealing clause would show that it painstakingly mentions the specific laws or the parts thereof which are repealed or modified by the LGC. PD 1869, which created PAGCOR was not one of them. There is no sufficient indication of an implied repeal of PD 1869 as later laws (RA 7309 and RA 7648) even mentioned PAGCOR as the source of its funding.

Lo cal G ov er nm en ts , Ad min is tr at iv e R egion s, Aut onomo us Regio ns RA7227: An Act Accelerating The Conversion Of Military Reservations Into Other Productive Uses, Creating The Bases Conversion And Development Authority For The Purpose, Providing Funds Therefor And For Other Purposes SEC12. Subic Special Economic Zone. - Subject to the concurrence by resolution of the sangguniang panlungsod of the City of Olongapo and the sangguniang bayan of the Municipalities of Subic, Morong and Hermosa, there is hereby created a Special Economic and Free-port Zone consisting of the City of Olongapo and the Municipality of Subic, Province of Zambales, the lands occupied by the Subic Naval Base and its contiguous extensions as embraced, covered, and defined by the 1974 Military Bases Agreement between the Philippines and the United States of America as amended, and within the territorial jurisdiction of the Municipalities of Morong and Hermosa, Province of Bataan, hereinafter referred to as the Subic Special Economic Zone whose metes and bounds shall be delineated in a proclamation to be issued by the President of the Philippines. Within thirty (30) days after the approval of this Act, each local government unit shall submit its resolution of concurrence to join the Subic Special Economic Zone to the office of the President. Thereafter, the President of the Philippines shall issue a proclamation defining the metes and bounds of the Zone as provided herein. The abovementioned zone shall be subject to the following policies: xxx (i) Except as herein provided, the local government units comprising the Subic Special Economic Zone shall retain their basic autonomy and identity. The cities shall be governed by their respective charters and the municipalities shall operate and function in accordance with Republic Act No. 7160, otherwise known as the Local Government Code of 1991. SEC14. Relationship with the Conversion Authority and the Local Government Units. - (a) The provisions of existing laws, rules and regulations to the contrary notwithstanding, the Subic Authority shall exercise administrative powers, rule-making and disbursement of funds over the Subic Special Economic Zone in

CA VE AT:

- 15 conformity with the oversight function of the Conversion Authority. cdtai (b) In case of conflict between the Subic Authority and the local government units concerned on matters affecting the Subic Special Economic Zone other than defense and security, the decision of the Subic Authority shall prevail.

Some Horror Movie Quotes: They will say that I have shed innocent blood. What's blood for, if not for shedding? (Candyman) Here we go, the world is spinning. When it stops, it's just beginning. Sun comes up, we laugh and we cry. Sun goes down, and then we all die. (The Ring) Kincaid: "I'll see you in hell." Freddy:"Tell 'em Freddy sent ya." (a nightmare on Elmstreet 4)

Lo cal G ov er nm en ts , Ad min is tr at iv e R egion s, Aut onomo us Regio ns Abbas vs. COMELEC (1989) Facts: Abbas et. al. prayed that (1) the COMELEC be enjoined from conducting the plebescite and the DBM from releasing funds for said purpose; and (2) RA 6734 (ARMM act) be declared unconstitutional. Held: RA 6734 is constitutional. Petitioners’ allegation that RA 6734 is unconstitutional because it unconditionally creates an autonomous region in Muslim Mindanao is untenable since Art 2 Sec 1 itself refers to Sec 18 Art X of Const which sets forth the conditions necessary for the creation of the autonomous region. Also there is a specific provision in the law's transitory provisions which incorporates substantially the same requirements embodied in the Consti. These clearly indicate that the creation of the same shall take place only in accord with the constitutional provisions. The creation of the autonomous region is made to depend on the will of the majority in each of the constituent units. Such is clearly the intention of the framers for if they intended to get the majority of the votes cast, they would simply have adopted the same phraseology as that used for the ratification of the Const where the phrase "by the constituent units" is not found. As to petitioner’s allegation that Congress has expanded the scope of ARMM which const itself prescribed to be limited, this is a political issue. Any review of such would have to go into the wisdom of the law which is violative of the principle of separation of powers. As to the allegation that ARMM Act violates the exercise of free Religion, there is no actual controversy between the litigants exist therefore the Court cannot be called upon to resolve what is

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER merely perceived as a potential conflict between the provisions of the muslim code and national law. As to the allegation that it grants the President the power not conferred by the Constutution, what is referred to in RA 6734 is the merger of administrative region which are not territorial and political subdivisions. While the power to merge administrative regions is not expressly provided for in the Consti, it is a power which has been traditionally lodged with the President to facilitate the exercise of the power of general supervision over local governmnets. Further, the questioned provision requiring an oversight committee does not provide for a different date of effectivity. Neither would it be an impediment as its creation is aimed at effecting a smooth transition period for the regional government.

- 16 be embodied in other statutes on the same subjects as that of the challenged legislation. With respect to the power to merge existing administrative regions, the standard is to be found in the same policy underlying the grant to the President in R.A. No. 5435 of the power to reorganize the Executive Department: "to promote simplicity, economy and efficiency in the government to enable it to pursue programs consistent with national goals for accelerated social and economic development and to improve the service in the transaction of the public business." Indeed, as the original 11 administrative regions were established in accordance with this policy, it is logical to suppose that in authorizing the President to "merge by administrative determination the existing regions" in view of the withdrawal from some of those regions of the provinces now constituting the Autonomous Region, the purpose of Congress was to reconstitute the original basis for the organization of administrative regions.

Chiongbian vs. Orbos (1995) Facts: ARMM Act, called for a plebiscite to be held. In the plebiscite held, 4 provinces (Lanao del Sur, Maguindanao, Sulu and Tawi-Tawi) voted in favor of creating an autonomous region. In accordance with the constitutional provision, these provinces became the ARMM. Pursuant to a provision in the ARMM Act those who voted against shall remain in the existing administrative regions: Provided, however, that the President may, by administrative determination, merge the existing regions. Pursuant to the authority granted by this provision, Pres. Aquino issued an E.O. that reorganized the administrative regions of Mindanao. The petitioners who were members of Congress representing the various legislative districts involved in the plebiscite, wrote Pres. Aquino protesting E.O. No. 429. As their protest went unheeded, petitioners brought this suit for certiorari and prohibition. Held: The power to merge administrative regions is an executive function. Thus the creation and subsequent reorganization of administrative regions have been by the President pursuant to authority granted to him by law. In conferring on the President the power to merge by administrative determination the existing regions following the establishment of ARMM, Congress merely followed the pattern set in previous legislation dating back to the initial organization of administrative regions in 1972. While the power to merge administrative regions is not expressly provided for in the Constitution, it is a power which has traditionally been lodged with the President to facilitate the exercise of the power of general supervision over local governments. (Abbas v. COMELEC). The regions themselves are not territorial and political divisions like provinces, cities, municipalities and barangays but are mere groupings of contiguous provinces for administrative purposes. The power conferred on the President is similar to the power to adjust municipal boundaries which has been described as "administrative in nature." There was a standard to guide President’s discretion. A legislative standard need not be expressed. It may simply be gathered or implied. Nor need it be found in the law challenged because it may

CA VE AT:

Cordillera Broad Coalition vs. COA (1990) Facts: After the 1996 EDSA Revolution, Balweg, broke off on ideological grounds from the CPP-NPA. After President Aquino was installed into office, she advocated a policy of national reconciliation. The Cordillera People’s Liberation Army (CPLA) heeded this call. Aqiuno and Balweg arrived at a joint agreement to draft an Executive Order to create a preparatory body that could perform policy-making and administrative functions and undertake consultations and studies leading to a draft organic act for the Cordilleras. Pursuant to the joint agreement, E.O. 220, creating the Cordillera Administrative Region (CAR) was signed into law. During the pendency of this case, R.A. No. 6766 (Organic Act of CAuR) was enacted and signed into law. The Act recognizes the CAR and the offices and agencies created under E.O. No. 220 and its transitory nature is reinforced. Petitioners contend that the issuance of the EO pre-empted Congress’ task. Held: NO. EO 220 does not create the autonomous region contemplated in the Constitution. It merely provides for transitory measures in anticipation of the enactment of an organic act and the creation of an autonomous region. In short, it prepares the ground for autonomy. This does not necessarily conflict with the provisions of the Constitution on autonomous regions. The complex procedure for the creation of an autonomous region in the Cordilleras will take time. The President, in 1987 still exercising legislative powers, as the first Congress had not yet convened, saw it fit to provide for some measures to address the urgent needs of the Cordilleras in the meantime that the organic act had not yet been passed and the autonomous region created. These measures are in E.O. No. 220, and they do not violate the Constitution. The bodies created by E.O. No. 220 do not supplant the existing local governmental structure, nor are they autonomous government agencies. They merely constitute the mechanism for an "umbrella" that brings together the existing local governments,

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER the agencies of the National Government, the ethno-linguistic groups or tribes, and NGOs in a concerted effort to spur development in the Cordilleras. Neither did E.O. 220 contravene the Constitution by creating a new territorial and political subdivision. The CAR is not a public corporation or a territorial and political subdivision. It does not have a separate juridical personality, unlike provinces, cities and municipalities. Neither is it vested with the powers that are normally granted to public corporations (the power to sue and be sued, the power to own and dispose of property, the power to create its own sources of revenue, etc.). The CAR was created primarily to coordinate the planning and implementation of programs and services in the covered areas. The CAR is in the same genre as the administrative regions created under the Reorganization Plan, albeit under E.O. No. 220. The operation of the CAR requires the participation not only of the line departments and agencies of the National Government but also the local governments, ethno-linguistic groups and NGOs in bringing about the desired objectives and the appropriation of funds solely for that purpose. Ordillo vs. COMELEC (1990) Facts: A plebiscite was conducted in the provinces of Benguet, Mountain Province, Ifugao, Abra and Kalinga-Apayao and Baguio City cast their votes in a plebiscite pursuant to R.A. No. 6766 (Oragnic Act of CAR). The COMELEC results of the plebiscite showed that only the Ifugao Province wanted the CAR. DOJ Sec. issued a memorandum for the President reiterating the COMELEC resolution and provided that since only the provinces and city voting favorably shall be included in the CAR, the province of Ifugao being the only province which voted favorably will alone, legally and validly constitute the CAR. Ordillo et. al, then, complains. Held: Ifugao cannot be the CAR alone. The keywords in Art. X, Sec. 15, (Const) — provinces, cities, municipalities and geographical areas connote that "region" is to be made up of more than one constituent unit. The term "region" used in its ordinary sense means 2 or more provinces. This is supported by the fact that the 13 regions into which the Philippines is divided for administrative purposes are groupings of contiguous provinces. Ifugao is a province by itself. To become part of a region, it must join other provinces, cities, municipalities, and geographical areas. It joins other units because of their common and distinctive historical and cultural heritage, economic and social structures and other relevant characteristics. The Constitutional requirements are not present in this case.



There is no Cordillera Autonomous Region yet since 2 plebiscites rejected it, but the Cordillera Administrative Region is still existent. Kalinga-Apayao is now the provinces of Kalinga and Apayao.

CA VE AT:

- 17 -

Effectivity of the Code Sec5, LGC: Rules of Interpretation – In the interpretation of the provisions of this Code, the following rules shall apply: xxx (d) Rights and obligations existing on the date of effectivity of this Code and arising out of contracts or any other source of prestation involving a local government unit shall be governed by the original terms and conditions of said contracts or the law in force at the time such rights were vested; and xxx Sec536, LGC: Effectivity Clause – This Code shall take effect on January 1st, 1992, unless otherwise provided herein, after its complete publication in at least (1) newspaper of general circulation.

Evardone vs. COMELEC (1991) Facts: In 1990, COMELEC issued Resolution No 2272 embodying rules and regulations on the recall of elective provincial, city, and municipal officials. Pursuant to the rules under Resolution No. 2272, COMELEC issued Resolution No. 90-0557 approving Election Registrar's recommendation to hold siging of petition for recall of Mayor Evardone. Evardone filed before the SC petition for prohibition. His ground: Art X, Section 3 of the 1987 Consti repealed BP Blg 337 (Local Government Code) in favor of one TO BE ENACTED by Congress. Since there was no LGC during the period material to the case, COMELEC has no basis to promulgate Resolution No.2272 and the recall proceedings are premature. HELD: Resolution is constitutional. ART XVIII, Section 3 of the 1987 Constitution provides that all existing laws not inconsistent with the Constitution shall remain operative until amended, repealed, or revoked. On the other hand, the Local Government Code of 1991 will take effect only on January 1, 1992. Hence BP Blg. 337 is still the law applicable to the present case. BP 337 contains no special provision on the manner of conducting elections of the recall of local officials. Thus, pursuant to the rulemaking power vested in COMELEC, it promulgated Resolution No. 2272 in 1990.

Secretary of Health vs. CA (1995) Facts: Administrative complaint was filed with the DOH against private respondent Administrative Officer Sibbaluca for grave misconduct, dishonesty, etc. Consequently, she was put under preventive suspension for 90 days. Pending the resolution of her motion to lift suspension, she instituted an action seeking the nullification of the entire administrative proceedings. She claims that when the new Local Government Code of 1991 was enacted, the Secretary of

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Health had lost his disciplinary powers and authority over her. Such power to discipline the personnel of the Provincial Health Officer is now vested in the Provincial Government. Held: NO. Jurisdiction is determined by the statue in force at the time of the commencement of the action. The LGC of 1991 took effect on January 1, 1992. In the case at bar, Sibbaluca was administratively charged in 1991. The operative laws then were the Administrative Code of 1987 and EO 119. Under these laws, the Secretary of Health exercises control, direction and supervision over his subordinates, which includes private respondent.

Fusion sex (part2) The common ingredients to fusion sex that men who have experienced it describe are: 1) The man either recently has left a long-standing though frustrating sexual relationship or has been looking for a truly satisfying one without success for a long time. In a word, he is ripe. 2) The fusion sex relationship is not predicated on a future potential. Neither party has long-range designs on the other. The woman may be married and intending to return to her husband or living in another part of the country or world and planning to go back shortly. In other words, there are serious obstacles to permanency, the future is highly uncertain, and therefore the relationship is totally now. 3) The male is flooded with and able to experience and express long-repressed feelings that never or very rarely emerge. That is, during fusion sex he is able to cry in sadness, to experience his loneliness, to cling, to be passive, to enjoy feeling beautiful and to be totally transparent about his fantasies, his feelings, his past, and his future aspirations. In short, he is temporarily whole, reunited with long lost parts of himself. 4) The male senses a real challenge. He has found his “magic lady” who is not free or readily available and he is totally expressive in his pursuit and desire for her. (to be continued)

Par t I I: Boo k I: Gener al Pro visions Ti tle O ne: Basi c P ri ncipl es A. Polic y a nd Appli cat ion Sec1, LGC: Title – This Act shall be known and cited as the “Local Government Code of 1991”. Sec2, LGC: Declaration of Policy – (a) It is hereby declared the policy of the State that the territorial and political subdivisions of the State shall enjoy genuine and meaningful local autonomy to enable them to attain their fullest development as self-reliant communities

CA VE AT:

- 18 and make them more effective partners in the attainment of national goals. Toward this end, the State shall provide for a more responsive and accountable local government structure instituted through a system of decentralization whereby local government units shall be given more powers, authority, responsibilities, and resources. The process of decentralization shall proceed from the National Government to the local government units. (b) It is also the policy of the State to ensure the accountability of local government units through the institution of effective mechanisms of recall, initiative and referendum. (c) It is likewise the policy of the State to require all national agencies and offices to conduct periodic consultations with appropriate LGUs, nongovernmental and people’s organizations, and other concerned sectors of the community before any project or program is implemented in their respective jurisdictions.

Sec3, LGC: 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 LGUs of their respective powers, functions, responsibilities, and resources; (b) There shall be established in every LGU 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 LGUs 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) LGUs may group themselves, consolidate or coordinate their efforts, services, and resources for purposes commonly beneficial to them; (g) The capabilities of LGUs, 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;

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER (i)

LGUs 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 LGUs 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 and extension of adequate technical and material assistance to less developed and deserving LGUs; (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 LGUs and the quality of community life. Sec4, LGC: Scope of Application – This Code shall apply to all provinces, cities, municipalities, barangays, and other political subdivisions as may be created by law, and, to the extent herein provided, to officials, offices, or agencies of the National Government. Sec5, LGC: Rules of Interpretation – In the interpretation of the provisions of this Code, the following rules shall apply: (a) Any provision on a power of a LGU shall be liberally interpreted in its favor, and in case of doubt, any provision thereon shall be resolved in favor of devolution of powers and of the lower LGU. Any fair and reasonable doubt as to the existence of the power shall be interpreted in favor of the LGU concerned; (b) In case of doubt, any tax ordinance or revenue measure shall be construed strictly against the LGU enacting it, and liberally in favor of the taxpayer. Any tax exemption, incentive or relief granted by any LGU pursuant to the provisions of this Code shall be construed strictly against the person claiming it; (c) The general welfare provisions in this Code shall be liberally interpreted to give more powers to LGUs in accelerating economic development and upgrading the quality of life for the people in the community; (d) Rights and obligations existing on the date of effectivity of this Code and arising out of contracts or any other source of prestation involving a LGU shall be governed by the original terms and conditions of said contracts or the law in force at the time such rights were vested; and (e) In the resolution of controversies arising under this Code where no legal provision or jurisprudence applies, resort my be had to the customs and traditions in the place where (f) the controversies take place.

CA VE AT:

- 19 -

Greater Balanga Development Corporation (GBDC) vs. Municipality of Balanga (1994) Facts: GBDC applied with the Office of the Balanga Mayor for a business permit its property, certain portions of which as been "unlawfully usurped and invaded" by Balanga, which had "allowed/tolerated/abetted" the construction of shanties and market stalls while charging market fees and market entrance fees from the occupants and users of the area. Mayor issued a Mayor's Permit granting GBDC the privilege of a "real estate dealer/privately-owned public market operator" under the registered trade name of Balanga Public Market. However, the Sangguniang Bayan passed a Resolution annulling the Mayor's permit issued to GBDC and advising the Mayor to revoke the permit. Mayor revoked the permit insofar as it authorized the operation of a public market. GBDC filed this petition claiming that it had not violated any law/ordinance, thus there’s no reason to revoke the Mayor's permit. The EO and the resolution in question were quasi-judicial acts and not mere exercises of police power. Respondent also failed to observe due process in revoking the permit. Balanga argues that Mayor may issue, deny or revoke municipal licenses and permits. Resolution and EO were legitimate exercise of local legislative authority. GBDC violated Section 3A-06(b) of the Balanga Revenue Code when it failed to disclose the true status of the area involved in the permit when it did not secure separate permits for its two businesses. Held: No. There was no ground for revocation. The application for Mayor's permit requires the applicant to state what type of business, profession, occupation and/or calling privileges is being applied for. Petitioner left this entry bank in its application form. Leaving an entry blank is not equal to false statement. There must be proof of willful misrepresentation and deliberate intent to make a false statement. The absence of the material info in the application form was nonetheless supplied in the face of the permit signed and issued by Mayor Banzon himself. Applying for two businesses in one permit is also not a ground for revocation. Par 2 Section 3A-06(b) does not expressly require two permits for their conduct of two or more businesses in one place, but only that separate fees be paid for each business. The powers of municipal corporations are to be construed in strictissimi juris (strictly in its legal terms) and any doubt or ambiguity must be construed against the municipality Granting, however, that separate permits are actually required, the application form does not contain any entry as regards the number of businesses the applicant wishes to engage in.



Balanga case and Section 5 (a) conflict. Neither will it fall under Section 5 (b) unless the business permit is a revenue measure. Then again , the trend of SC is to limit the LGC.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Tano vs. Socrates (1997) Facts: Sangguniang Panlunsod of Puerto Princesa enacted an Ordinance banning the shipment of all live fish and lobster outside Puerto Princesa for 5 years. To implement this, Acting City Mayor issued Office Order No. 23. Next, the SP of Palawan enacted SR No.33 and Ordinance No. 2 series of 1993 prohibiting the catching, gathering, possessing, buying, selling and shipment of live marine coral dwelling aquatic organisms in and coming from Palawan waters for 5 years. The respondents implemented the said ordinances depriving all the fishermen of the whole province of Palawan and the City of Puerto Princesa of their only means of livelihood and the petitioners Airline Shippers Association of Palawan and other marine merchants from performing their lawful occupation and trade. Hence, this petition Held: Resolution and ordinances are valid. It is settled that laws, including ordinances enacted by local government units enjoy the presumption of constitutionality. To overthrow this presumption, there must be a clear and unequivocal breach of the Constitution, not merely a doubtful or argumentative contradiction. Petitioners’ argument the Constitution and applicable laws were violated by the ordinances is baseless. The ordinances in question are meant precisely to protect and conserve our marine resources to the end that their enjoyment may be guaranteed not only for the present generation, but also for the generations to come. Moreover, Section 5(c) of the LGC explicitly mandates that the general welfare provisions of the LGC "shall be liberally interpreted to give more powers to the local government units in accelerating economic development and upgrading the quality of life for the people of the community." The centerpiece of LGCode is the system of decentralization as expressly mandated by the Constitution. Indispensable to decentralization is devolution and the LGCode expressly provides that "any provision on a power of a local government unit shall be liberally interpreted in its favor, and in case of doubt, any question thereon shall be resolved in favor of devolution of powers and of the lower local government unit. Any fair and reasonable doubt as to the existence of the power shall be interpreted in favor of the local government unit concerned." CONCURRING OPINION: Mendoza There is no basis for the claim in the dissenting opinion that the subject of these ordinances lies within the competence of the national government. For the matter concerns a local problem, namely, the destruction of aquatic resources in the Province of Palawan. It would therefore set back the policy of decentralization were this Court to sustain such a claim.

- 20 In Magtajas v. Pryce Properties Corporation, well-established tests of a valid ordinance are: (a) It must not contravene the Constitution or any statute; (b) It must not be unfair or oppressive; (c) It must not be partial or discriminatory; (d) It must not prohibit but may regulate trade; (e) It must be general and consistent with public policy; and (f) It must not be unreasonable. The SP of Puerto Princesa lack the authority of enacting the Ordinance since the subject is within the jurisdiction and responsibility of the Bureau of Fisheries and Aquatic Resources (BFAR) under PD704, which was not expressly repealed by the LGCode of 1991. Special law must prevail over general law. LGCode is a general law while P.D. No. 704 is a special law dealing with the protection and conservation of fishing and aquatic resources including those in the municipal waters. Ordinance is also unenforceable for lack of approval of Secretary of Agriculture under PD 704. Police power is inherent in a state, it is not so in municipal corporations or local governments. In order that a local government may exercise police power, there must be a legislative grant which necessarily sets the limits for the exercise of the power. The power devolved upon the municipality under the Local Government Code is the enforcement of existing fishery laws of the State and not the enactment thereof. While a local government unit may adopt ordinances upon subjects covered by law or statute (i.e., PDs 704, 1015 and 1219), such ordinances should be in accordance with and not repugnant to the law.

 Some locgovspeak: Local autonomy: power of LGU to decide for themselves on certain matters without clearance or approval from the NG. Decentralization: Devolution of administration (NOT power) from the NG to LGU Deconcentration: Flow of autonomy from NG to regional agencies Devolution: act by which NG confers power and authority from the NG to perform specific functions and responsibilities.

There is Memorandum Circular 53 (1993) which provides that all offices and employees including GOCCs to comply with LGC and its IRR on consultations. However, there is no penalty for the breach.

The presumption of constitutionality must prevail in the absence of some factual foundation of record for overthrowing the statute. If the laws passed are seen to have a reasonable relation to a proper legislative purpose, and are neither arbitrary nor discriminatory, the requirements of due process are satisfied and judicial determination to that effect renders a court functus officio. DISSENT: Bellosillo

CA VE AT:

Some Horror Movie Quotes: Little girl:"His name is Freddy Krueger, and he loves children, especially little girls. Freddy's coming back. Soon he'll be strong enough. It's okay to be afraid. We were all afraid. Warn your friends. Warn everyone!" (Freddy VS. Jason}

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Chucky:"I'll be back! I always come back.. But dying is such a b*tch" (Child's Play)

A. Gener al P ower and Attr ibutes Local Government Code Sec6, LGC: Authority to Create Local Government Units. – A local government unit may be created, divided, merged, abolished, or its boundaries substantially altered either by law enacted by Congress in the case of a province, city, municipality, or any other political subdivision, or by ordinance passed by the sangguniang panlalawigan or sangguniang panlungsod concerned in the case of a barangay located within its territorial jurisdiction, subject to such limitations and requirements prescribed in this Code. Sec7, LGC: Creation and Conversion. – As a general rule, the creation of a local government unit or its conversion from one level to another level shall be based on verifiable indicators of viability and projected capacity to provide services, to wit: (a) Income - It must be sufficient, based on acceptable standards, to provide for all essential government facilities and services and special functions commensurate with the size of its population, as expected of the local government unit concerned; (b) Population. - It shall be determined as the total number of inhabitants within the territorial jurisdiction of the local government unit concerned; and (c) Land Area. - It must be contiguous, unless it comprises two or more islands or is separated by a local government unit independent of the others; properly identified by metes and bounds with technical descriptions; and sufficient to provide for such basic services and facilities to meet the requirements of its populace. Compliance with the foregoing indicators shall be attested to by the Department of Finance (DOF), the National Statistics Office (NSO), and the Lands Management Bureau (LMB) of the Department of Environment and Natural Resources(DENR). Sec8, LGC: Division and Merger. – Division and merger of existing local government units shall comply with the same requirements herein prescribed for their creation: Provided, however, That such division shall not reduce the income, population, or land area of the local government unit or units concerned to less than the minimum requirements prescribed in this Code: Provided, further, That the income classification of the original local government unit or units shall not fall below its current income classification prior to such division. The income classification of local government units shall be updated within six (6) months from the effectivity of this Code to reflect the changes in their financial position resulting from the increased revenues as provided herein.

CA VE AT:

- 21 -

Sec9, LGC: Abolition of Local Government Units. – A local government unit may be abolished when its income, population, or land area has been irreversibly reduced to less than the minimum standards prescribed for its creation under Book III of this Code, as certified by the national agencies mentioned in Section 17 hereof to Congress or to the sanggunian concerned, as the case may be. The law or ordinance abolishing a local government unit shall specify the province, city, municipality, or barangay with which the local government unit sought to be abolished will be incorporated or merged. Sec10, LGC: Plebiscite Requirement. – No creation, division, merger, abolition, or substantial alteration of boundaries of local government units shall take effect unless approved by a majority of the votes cast in a plebiscite called for the purpose in the political unit or units directly affected. Said plebiscite shall be conducted by the Commission on Elections (COMELEC) within one hundred twenty (120) days from the date of effectivity of the law or ordinance effecting such action, unless said law or ordinance fixes another date. Sec11: Selection and Transfer of Local Government Site, Offices and Facilities. – (a) The law or ordinance creating or merging local government units shall specify the seat of government from where governmental and corporate services shall be delivered. In selecting said site, factors relating to geographical centrality, accessibility, availability of transportation and communication facilities, drainage and sanitation, development and economic progress, and other relevant considerations shall be taken into account. (b) When conditions and developments in the local government unit concerned have significantly changed subsequent to the establishment of the seat of government, its sanggunian may, after public hearing and by a vote of two-thirds (2/3) of all its members, transfer the same to a site better suited to its needs. Provided, however, That no such transfer shall be made outside the territorial boundaries of the local government unit concerned. The old site, together with the improvements thereon, may be disposed of by sale or lease or converted to such other use as the sanggunian concerned may deem beneficial to the local government unit concerned and its inhabitants. (c) Local government offices and facilities shall not be transferred, relocated, or converted to other uses unless public hearings are first conducted for the purpose and the concurrence of the majority of all the members of the sanggunian concerned is obtained. Sec12: Government Centers. – Provinces, cities, and municipalities shall endeavor to establish a government center where offices, agencies, or branches of the national government, local government units, or government-owned or -controlled corporations may, as far as practicable, be located. In designating such a center, the local government unit concerned shall take into account the existing facilities of

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER national and local agencies and offices which may serve as the government center as contemplated under this Section. The national government, local government unit or governmentowned or -controlled corporation concerned shall bear the expenses for the construction of its buildings and facilities in the government center. Sec13: Naming of Local Government Units and Public Places, Streets and Structures. – (a) The sangguniang panlalawigan may, in consultation with the Philippine Historical Commission (PHC), change the name of the following within its territorial jurisdiction: (1) Component cities and municipalities, upon the recommendation of the sanggunian concerned; (2) Provincial roads, avenues, boulevards, thoroughfares, and bridges; (3) Public vocational or technical schools and other postsecondary and tertiary schools; (4) Provincial hospitals, health centers, and other health facilities; and (5) Any other public place or building owned by the provincial government. (b) The sanggunian of highly urbanized cities and of component cities whose charters prohibit their voters from voting for provincial elective officials, hereinafter referred to in this Code as independent component cities, may, in consultation with the Philippine Historical Commission, change the name of the following within its territorial jurisdiction: (1) City barangays, upon the recommendation of the sangguniang barangay concerned; (2) City roads, avenues, boulevards, thoroughfares, and bridges; (3) Public elementary, secondary and vocational or technical schools, community colleges and nonchartered colleges; (4) City hospitals, health centers and other health facilities; and (5) Any other public place or building owned by the city government. (c) The sanggunians of component cities and municipalities may, in consultation with the Philippine Historical Commission, change the name of the following within its territorial jurisdiction: (1) city and municipal barangays, upon recommendation of the sangguniang barangay concerned; (2) city, municipal and barangay roads, avenues, boulevards, thoroughfares, and bridges; (3) city and municipal public elementary, secondary and vocational or technical schools, post-secondary and other tertiary schools; (4) city and municipal hospitals, health centers and other health facilities; and (5) Any other public place or building owned by the municipal government. (d) None of the foregoing local government units, institutions, places, or buildings shall be named after a living person, nor may a change of name be made unless for a justifiable

CA VE AT:

- 22 reason and, in any case, not oftener than once every ten (10) years. The name of a local government unit or a public place, street or structure with historical, cultural, or ethnic significance shall not be changed, unless by a unanimous vote of the sanggunian concerned and in consultation with the PHC. (e) A change of name of a public school shall be made only upon the recommendation of the local school board concerned. (f) A change of name of public hospitals, health centers, and other health facilities shall be made only upon the recommendation of the local health board concerned. (g) The change of name of any local government unit shall be effective only upon ratification in a plebiscite conducted for the purpose in the political unit directly affected. In any change of name, the Office of the President, the representative of the legislative district concerned, and the Bureau of Posts shall be notified.

Sec14: Beginning of Corporate Existence. – When a new local government unit is created, its corporate existence shall commence upon the election and qualification of its chief executive and a majority of the members of its sanggunian, unless some other time is fixed therefor by the law or ordinance creating it. Sec15: Political and Corporate Nature of Local Government Units. – Every local government unit created or recognized under this Code is a body politic and corporate endowed with powers to be exercised by it in conformity with law. As such, it shall exercise powers as a political subdivision of the national government and as a corporate entity representing the inhabitants of its territory. Sec16: General Welfare. – 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 their residents, maintain peace and order, and preserve the comfort and convenience of their inhabitants. Sec17: Basic Services and Facilities. – (a) 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. Local government units shall likewise exercise such other powers and discharge such other functions and

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER

- 23 responsibilities as are necessary, appropriate, or incidental medicines, medical supplies, and equipment to efficient and effective provision of the basic services and needed to carry out the services herein facilities enumerated herein. enumerated; (b) Such basic services and facilities include, but are not (iv). Social welfare services which include limited to, the following: programs and projects on child and youth (1) For a Barangay: welfare, family and community welfare, (i) Agricultural support services which include women's welfare, welfare of the elderly and planting materials distribution system and disabled persons; community-based operation of farm produce collection and rehabilitation programs for vagrants, beggars, buying stations; street children, scavengers, juvenile (ii) Health and social welfare services which delinquents, and victims of drug abuse; include maintenance of barangay health livelihood and other pro-poor center and day-care center; projects; nutrition services; and family (iii) Services and facilities related to general planning services; hygiene and sanitation, beautification, and (v). Information services which include solid waste collection; investments and job placement information (iv) Maintenance of katarungang pambarangay; systems, tax and marketing information (v) Maintenance of barangay roads and bridges systems, and maintenance of a public library; and water supply systems (vi). Solid waste disposal system or environmental (vi) Infrastructure facilities such as multi- purpose management system and services or facilities hall, multipurpose pavement, plaza, sports related to general hygiene and sanitation; center, and other similar facilities; (vii). Municipal buildings, cultural centers, public (vii) Information and reading center; and parks including freedom parks, playgrounds, (viii) Satellite or public market, where viable; and sports facilities and equipment, and other (2) For a municipality: similar (i). Extension and on-site research services and facilities; facilities related to agriculture and fishery (viii). Infrastructure facilities intended primarily to activities which include dispersal of livestock service the needs of the residents of the and poultry, fingerlings, and other seeding municipality and which are funded out of materials for aquaculture; palay, corn, and municipal funds including, but not limited to, vegetable seed farms; medicinal plant municipal roads and bridges; school buildings gardens; fruit tree, coconut, and other kinds of and other facilities for public elementary and seedling nurseries; demonstration farms; secondary schools; clinics, health centers and quality control of copra and improvement and other health facilities necessary to carry out development of local distribution channels, health services; communal irrigation, small preferably through cooperatives; water impounding projects and other similar interbarangay irrigation system; water and soil projects; fish ports; artesian wells, spring resource utilization and conservation projects; development, rainwater collectors and water and enforcement of fishery laws in municipal supply systems; seawalls, dikes, drainage and waters including the conservation of sewerage, and flood control; traffic signals and mangroves; road signs; and similar facilities; (ii). Pursuant to national policies and subject to (ix). Public markets, slaughterhouses and other supervision, control and review of the DENR, municipal enterprises; implementation of community-based forestry (x). Public cemetery; projects which include integrated social (xi). Tourism facilities and other tourist attractions, forestry programs and similar projects; including the acquisition of equipment, management and control of communal forests regulation and supervision of business with an area not exceeding fifty (50) square concessions, and security services for such kilometers; establishment of tree parks, facilities; and greenbelts, and similar forest development (xii). Sites for police and fire stations and projects; substations and the municipal jail; (iii). Subject to the provisions of Title Five, Book I (3) For a Province: of this Code, (i). health services which include the A implementation of programs gricultural andextension projects and on on-site research services and facilities which include the prevention and primary health care, maternal control ofand plant child andcare, animal pests and diseases; dairy farms, livestock markets, animal breeding and communicable stations, and non-communicable and artificial insemination centers; and assistance in the organization of farmers' and disease control services; fishermen's access tocooperatives secondary and other collective organizations, as well as the transfer of appropriate and tertiary health services; purchase of

CA VE AT:

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER

- 24 local government unit concerned, based on national

nd development services, as well as the transfer of appropriate technology;

P policies and subject to supervision, control and review of the DENR, enforcement ed to community-based forestry projects, pollution control law, small-scale mining on the protection of the environment; and mini-hydro electric projects for local

(e)

S

ons of Title Five, Book I of this Code, health services which include hospitals and services;

S s which include pro grams and projects on rebel returnees and evacuees; relief ulation development services; P rovincial jails, freedom parks and other public assembly areas, and other similar

I s intended to service the needs of the residents of the province and which are ncial funds including, but not limited to, provincial roads and bridges; interks, drainage and sewerage, flood control, and irrigation systems; reclamation facilities; P ts for low-cost housing and other mass dwellings, except those funded by the stem (SSS), Government Service Insurance System (GSIS), and the Home l Fund (HDMF): Provided, That national funds for these programs and projects allocated among the regions in proportion to the ratio of the homeless to the

(f)

(g)

I

ervices, including access to credit financing; U

rnization of tax information and collection services through the use of computer are and other means; I

(h)

ommunications services, subject to national policy guidelines; and T and promotion programs; (4)

For a City: All the services and facilities of the municipality and province, and in addition thereto, the following: (a) Adequate communication and transportation facilities; (b) Support for education, police and fire services and facilities. (c) Notwithstanding the provisions of subsection (b) hereof, public works and infrastructure projects and other facilities funded by the national government under the annual General Appropriations Act, other special laws, pertinent executive orders, and those wholly or partially funded from foreign sources, are not covered under this Section, except in those cases where the local government unit concerned is duly designated as the implementing agency for such projects, facilities, programs, and services. (d) The designs, plans, specifications, testing of materials, and the procurement of equipment and materials from both foreign and local sources necessary for the provision of the foregoing services and facilities shall be undertaken by the

CA VE AT:

(i)

(j)

policies, standards and guidelines. National agencies or offices concerned shall devolve to local government units the responsibility for the provision of basic services and facilities enumerated in this Section within six (6) months after the effectivity of this Code. As used in this Code, the term "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. The national government or the next higher level of local government unit may provide or augment the basic services and facilities assigned to a lower level of local government unit when such services or facilities are not made available or, if made available, are inadequate to meet the requirements of its inhabitants. The basic services and facilities hereinabove enumerated shall be funded from the share of local government units in the proceeds of national taxes and other local revenues and funding support from the national government, its instrumentalities and government-owned or -controlled corporations which are tasked by law to establish and maintain such services or facilities. Any fund or resource available for the use of local government units shall be first allocated for the provision of basic services or facilities enumerated in subsection (b) hereof before applying the same for other purposes, unless otherwise provided in this Code. The Regional offices of national agencies or offices whose functions are devolved to local government units as provided herein shall be phased out within one (1) year from the approval of this Code. Said national agencies and offices may establish such field units as may be necessary for monitoring purposes and providing technical assistance to local government units. The properties, equipment, and other assets of these regional offices shall be distributed to the local government units in the region in accordance with the rules and regulations issued by the oversight committee created under this Code. The devolution contemplated in this Code shall include the transfer to local government units of the records, equipment, and other assets and personnel of national agencies and offices corresponding to the devolved powers, functions, and responsibilities. Personnel of said national agencies or offices shall be absorbed by the local government units to which they belong or in whose areas they are assigned to the extent that it is administratively viable as determined by the said oversight committee: Provided, That the rights accorded to such personnel pursuant to civil service law, rules and

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER

(k)

regulations shall not be impaired: Provided, Further, That regional directors who are career executive service officers and other officers of similar rank in the said regional offices who cannot be absorbed by the local government unit shall be retained by the national government, without any diminution of rank, salary or tenure. To ensure the active participation of the private sector in local governance, local government units may, by ordinance, sell, lease, encumber, or otherwise dispose of public economic enterprises owned by them in their proprietary capacity. Costs may also be charged for the delivery of basic services or facilities enumerated in this Section.

Sec18: Power to Generate and Apply Resources. – 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 for their use and disposition and which shall be retained by them; to have a just share in 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 respective territorial jurisdictions including sharing the same with the inhabitants by way of direct benefits; to acquire, develop, 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. Sec19: Eminent Domain. – A local government unit may, through its chief executive and acting pursuant to an ordinance, exercise the power of eminent domain for public use, or purpose, or welfare for the benefit of the poor and the landless, upon payment of just compensation, pursuant to the provisions of the Constitution and pertinent laws: Provided, however, That the power of eminent domain may not be exercised unless a valid and definite offer has been previously made to the owner, and such offer was not accepted: Provided, further, That the local government unit may immediately take possession of the property upon the filing of the expropriation proceedings and upon making a deposit with the proper court of at least fifteen percent (15%) of the fair market value of the property based on the current tax declaration of the property to be expropriated: Provided, finally, That, the amount to be paid for the expropriated property shall be determined by the proper court, based on the fair market value at the time of the taking of the property. Sec20: Reclassification of Lands. –

CA VE AT:

- 25 -

(a)

A city or municipality may, through an ordinance passed by the sanggunian after conducting public hearings for the purpose, authorize the reclassification of agricultural lands and provide for the manner of their utilization or disposition in the following cases: (1) when the land ceases to be economically feasible and sound for agricultural purposes as determined by the Department of Agriculture or (2) where the land shall have substantially greater economic value for residential, commercial, or industrial purposes, as determined by the sanggunian concerned: Provided, That such reclassification shall be limited to the following percentage of the total agricultural land area at the time of the passage of the ordinance: (1)For highly urbanized and independent component cities, fifteen percent (15%); (2)For component cities and first to third class municipalities, ten percent (10%); and (3)For fourth to sixth class municipalities, five percent (5%): Provided, further, That agricultural lands distributed to agrarian reform beneficiaries pursuant to Republic Act Numbered Sixty-six hundred fifty-seven (R.A. No. 6657), otherwise known as "The Comprehensive Agrarian Reform Law", shall not be affected by the said reclassification and the conversion of such lands into other purposes shall be governed by Section 65 of said Act. (b) The President may, when public interest so requires and upon recommendation of the National Economic and Development Authority, authorize a city or municipality to reclassify lands in excess of the limits set in the next preceding paragraph. (c) The local government units shall, in conformity with existing laws, continue to prepare their respective comprehensive land use plans enacted through zoning ordinances which shall be the primary and dominant bases for the future use of land resources: Provided, That the requirements for food production, human settlements, and industrial expansion shall be taken into consideration in the preparation of such plans. (d) Where approval by a national agency is required for reclassification, such approval shall not be unreasonably withheld. Failure to act on a proper and complete application for reclassification within three (3) months from receipt of the same shall be deemed as approval thereof. (e) Nothing in this Section shall be construed as repealing, amending, or modifying in any manner the provisions of R.A. No. 6657. Sec21: Closure and Opening of Roads. – (a) A local government unit may, pursuant to an ordinance, permanently or temporarily close or open any local road, alley, park, or square falling within its jurisdiction: Provided, however, That in case of permanent closure, such ordinance must be approved by at least two-thirds (2/3) of all the members of the sanggunian, and when necessary, an adequate substitute for the public facility that is subject to closure is provided.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER (b) No such way or place or any part thereof shall be permanently closed without making provisions for the maintenance of public safety therein. A property thus permanently withdrawn from public use may be used or conveyed for any purpose for which other real property belonging to the local government unit concerned may be lawfully used or conveyed: Provided, however, That no freedom park shall be closed permanently without provision for its transfer or relocation to a new site. (c) Any national or local road, alley, park, or square may be temporarily closed during an actual emergency, or fiesta celebrations, public rallies, agricultural or industrial fairs, or an undertaking of public works and highways, telecommunications, and waterworks projects, the duration of which shall be specified by the local chief executive concerned in a written order: Provided, however, That no national or local road, alley, park, or square shall set temporarily closed for athletic, cultural, or civic activities not officially sponsored, recognized, or approved by the local government unit concerned. (d) Any city, municipality, or barangay may, by a duly enacted ordinance, temporarily close and regulate the use of any local street, road, thoroughfare, or any other public place where shopping malls, Sunday, flea or night markets, or shopping areas may be established and where goods, merchandise, foodstuffs, commodities, or articles of commerce may be sold and dispensed to the general public. Sec22: Corporate Powers. – (a) Every local government unit, as a corporation, shall have the following powers: (1)To have continuous succession in its corporate name; (2)To sue and be sued; (3)To have and use a corporate seal; (4)To acquire and convey real or personal property; (5)To enter into contracts; and (6)To exercise such other powers as are granted to corporations, subject to the limitations provided in this Code and other laws. (b)Local government units may continue using, modify, or change their existing corporate seals: Provided, That newly established local government units or those without corporate seals may create their own corporate seals which shall be registered with the Department of the Interior and Local Government: Provided, further, That any change of corporate seal shall also be registered as provided herein. (c)Unless otherwise provided in this Code, contract may be entered into by the local chief executive in behalf of the local government unit without prior authorization by the sanggunian concerned. A legible copy of such contract shall be posted at a conspicuous place in the provincial capitol or the city, municipal or barangay hall. (d)Local government units shall enjoy full autonomy in the exercise of their proprietary functions and in the management of their economic enterprises, subject to the limitations provided in this Code and other applicable laws.

CA VE AT:

- 26 Sec23: Authority to Negotiate and Secure Grants. – Local chief executives may, upon authority of the sanggunian, negotiate and secure financial grants or donations in kind, in support of the basic services or facilities enumerated under Section 17 hereof, from local and foreign assistance agencies without necessity of securing clearance or approval therefor from any department, agency, or office of the national government or from any higher local government unit: Provided, That projects financed by such grants or assistance with national security implications shall be approved by the national agency concerned: Provided, further, That when such national agency fails to act on the request for approval within thirty (30) days from receipt thereof, the same shall be deemed approved. The local chief executive shall, within thirty (30) days upon signing of such grant agreement or deed of donation, report the nature, amount, and terms of such assistance to both Houses of Congress and the President. Sec24: Liability for Damages. – Local government units and their officials are not exempt from liability for death or injury to persons or damage to property.

TRIVIA: Beer contains the Vitamin B group, while water does not. Kaya mas mahal ang isang bote ng beer sa isang bote ng tubig.

MyPleasure Guide: Erotic Massage Sexual enhancement goes beyond merely using a sex toy. Erotic massage and body play can be a wonderfully exciting way to make partner sex more sensual and loving, and can really spice up a relationship! Perfect for anniversaries, bridal showers or bachelor parties, balms and oils are a less "taboo" form of sexual aide, making them excellent gifts for just about everyone you know. (continued)

Cr ea tio n of L ocal Gov ern me nt Uni ts 1987 Constitution ARTX: Local Government Sec1. The territorial and political subdivisions of the Republic of the Philippines are the provinces, cities, municipalities, and barangays. There shall be autonomous regions in Muslim Mindanao and the Cordilleras as hereinafter provided. Sec7. Local governments shall be entitled to an equitable share in the proceeds of the utilization and development of the national wealth within their respective areas, in the manner provided by

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER law, including sharing the same with the inhabitants by way of direct benefits. Sec10. No province, city, municipality, or barangay may be created, divided, merged, abolished, or its boundary substantially altered, except in accordance with the criteria established in the local government code and subject to approval by a majority of the votes cast in a plebiscite in the political units directly affected. Sec11. The Congress may, by law, create special metropolitan political subdivisions, subject to a plebiscite as set forth in Section 10 hereof. The component cities and municipalities shall retain their basic autonomy and shall be entitled to their own local executive and legislative assemblies. The jurisdiction of the metropolitan authority that will thereby be created shall be limited to basic services requiring coordination. Sec15. There shall be created autonomous regions in Muslim Mindanao and in the Cordilleras consisting of provinces, cities, municipalities, and geographical areas sharing common and distinctive historical and cultural heritage, economic and social structures, and other relevant characteristics within the framework of this Constitution and the national sovereignty as well as territorial integrity of the Republic of the Philippines. Sec16. The President shall exercise general supervision over autonomous regions to ensure that laws are faithfully executed. Sec19. The first Congress elected under this Constitution shall, within eighteen months from the time of organization of both Houses, pass the organic acts for the autonomous regions in Muslim Mindanao and the Cordilleras.

Local Government Code Sec6, LGC: Authority to Create Local Government Units. – A local government unit may be created, divided, merged, abolished, or its boundaries substantially altered either by law enacted by Congress in the case of a province, city, municipality, or any other political subdivision, or by ordinance passed by the sangguniang panlalawigan or sangguniang panlungsod concerned in the case of a barangay located within its territorial jurisdiction, subject to such limitations and requirements prescribed in this Code. Sec7, LGC: Creation and Conversion. – As a general rule, the creation of a local government unit or its conversion from one level to another level shall be based on verifiable indicators of viability and projected capacity to provide services, to wit: (a) Income - It must be sufficient, based on acceptable standards, to provide for all essential government facilities and services and special functions commensurate with the

CA VE AT:

- 27 size of its population, as expected of the local government unit concerned; (b) Population. - It shall be determined as the total number of inhabitants within the territorial jurisdiction of the local government unit concerned; and (c) Land Area. - It must be contiguous, unless it comprises two or more islands or is separated by a local government unit independent of the others; properly identified by metes and bounds with technical descriptions; and sufficient to provide for such basic services and facilities to meet the requirements of its populace. Compliance with the foregoing indicators shall be attested to by the Department of Finance (DOF), the National Statistics Office (NSO), and the Lands Management Bureau (LMB) of the Department of Environment and Natural Resources(DENR).

Sec8, LGC: Division and Merger. – Division and merger of existing local government units shall comply with the same requirements herein prescribed for their creation: Provided, however, That such division shall not reduce the income, population, or land area of the local government unit or units concerned to less than the minimum requirements prescribed in this Code: Provided, further, That the income classification of the original local government unit or units shall not fall below its current income classification prior to such division. The income classification of local government units shall be updated within six (6) months from the effectivity of this Code to reflect the changes in their financial position resulting from the increased revenues as provided herein. Sec9, LGC: Abolition of Local Government Units. – A local government unit may be abolished when its income, population, or land area has been irreversibly reduced to less than the minimum standards prescribed for its creation under Book III of this Code, as certified by the national agencies mentioned in Section 17 hereof to Congress or to the sanggunian concerned, as the case may be. The law or ordinance abolishing a local government unit shall specify the province, city, municipality, or barangay with which the local government unit sought to be abolished will be incorporated or merged. Sec10, LGC: Plebiscite Requirement. – No creation, division, merger, abolition, or substantial alteration of boundaries of local government units shall take effect unless approved by a majority of the votes cast in a plebiscite called for the purpose in the political unit or units directly affected. Said plebiscite shall be conducted by the Commission on Elections (COMELEC) within one hundred twenty (120) days from the date of effectivity of the law or ordinance effecting such action, unless said law or ordinance fixes another date. Creation of the Barangay Sec385: Manner of Creation. – A barangay may be created, divided, merged, abolished, or its boundary substantially altered, by law or by an ordinance of the sangguniang panlalawigan or sangguniang panlungsod, subject to approval by a majority of the votes cast in a plebiscite to be conducted by the Comelec in

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER the local government unit or units directly affected within such period of time as may be determined by the law or ordinance creating said barangay. In the case of the creation of barangays by the sangguniang panlalawigan, the recommendation of the sangguniang bayan concerned shall be necessary. Sec386: Requisites for Creation. – (a) A barangay maybe created out of a contiguous territory which has apopulation of at least two thousand (2,000) inhabitants ascertified by the National Statistics Office except in cities and municipalities within Metro Manila and other metropolitan political subdivisions or in highly urbanized cities where such territory shall have a certified population of at least five thousand (5,000) inhabitants: Provided, That the creation thereof shall not reduce the population of the original barangay or barangays to less than the minimum requirement prescribed herein. To enhance the delivery of basic services in the indigenous cultural communities, barangays may be created in such communities by an Act of Congress, notwithstanding the above requirement. (b) The territorial jurisdiction of the new barangay shall be properly identified by metes and bounds or by more or less permanent natural boundaries. The territory need not be contiguous if it comprises two (2) or more islands. (c) The governor or city mayor may prepare a consolidation plan for barangays, based on the criteria prescribed in this Section, within his territorial jurisdiction. The plan shall be submitted to the sangguniang panlalawigan or sangguniang panlungsod concerned for appropriate action. In the case of municipalities within the Metropolitan Manila area and other metropolitan political subdivisions, the barangay consolidation plan shall be prepared and approved by the sangguniang bayan concerned. Creation of the Municipality Sec441: Manner of Creation. – A municipality may be created, divided, merged, abolished, or its boundary substantially altered only by an Act of Congress and subject to the approval by a majority of the votes cast in a plebiscite to be conducted by the Comelec in the local government unit or units directly affected. Except as may otherwise be provided in the said Act, the plebiscite shall be held within one hundred twenty (120) days from the date of its effectivity. Sec442: Requisites for Creation. – (a) A municipality may be created if it has an average annual income, as certified by the provincial treasurer, of at least Two million five hundred thousand pesos (P=2,500,000.00) for the last two (2) consecutive years based on the 1991 constant prices; a population of at least twenty-five thousand (25,000) inhabitants as certified by the National Statistics Office; and a contiguous territory of at least fifty (50) square kilometers as certified by the Lands Management Bureau: Provided, That the creation thereof shall not reduce the land area, population or income of the original municipality or municipalities at the time of said

- 28 creation to less than the minimum requirements prescribed herein. (b) The territorial jurisdiction of a newly-created municipality shall be properly identified by metes and bounds. The requirement on land area shall not apply where the municipality proposed to be created is composed of one (1) or more islands. The territory need not be contiguous if it comprises two (2) or more islands. (c) The average annual income shall include the income accruing to the general fund of the municipality concerned, exclusive of special funds, transfers and non-recurring income. (d) Municipalities existing as of the date of the effectivity of this Code shall continue to exist and operate as such. Existing municipal districts organized pursuant to presidential issuances or executive orders and which have their respective set of elective municipal officials holding office at the time of the effectivity of this Code shall henceforth be considered as regular municipalities.

Creation of the City Sec449: Manner of Creation. – A city may be created, divided, merged, abolished, or its boundary substantially altered, only by an Act of Congress, and subject to approval by a majority of the votes cast in a plebiscite to be conducted by the Comelec in the local government unit or units directly affected. Except as may otherwise be provided in such Act, the plebiscite shall be held within one hundred twenty (120) days from the date of its effectivity. Sec450: Requisites for Creation. – (a) A municipality or a cluster of barangays may be converted into a component city if it has an average annual income, as certified by the Department of Finance, of at least Twenty million pesos (P20,000,000.00) for the last two (2) consecutive years based on 1991 constant prices, and if it has either of the following requisites: (i). a contiguous territory of at least one hundred (100) square kilometers, as certified by the Lands Management Bureau; or, (ii). a population of not less than one hundred fifty thousand (150,000) inhabitants, as certified by the National Statistics Office: Provided, That, the creation thereof shall not reduce the land area, population, and income of the original unit or units at the time of said creation to less than the minimum requirements prescribed herein. (b) The territorial jurisdiction of a newly-created city shall be properly identified by metes and bounds. The requirement on land area shall not apply where the city proposed to be created is composed of one (1) or more islands. The territory need not be contiguous if it comprises two (2) or more islands. (c) The average annual income shall include the income accruing to the general fund, exclusive of special funds, transfers, and non-recurring income. Creation of the Province

CA VE AT:

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Sec460: Manner of Creation. – A province may be created, divided, merged, abolished, or its boundary substantially altered, only by an Act of Congress and subject to approval by a majority of the votes cast in a plebiscite to be conducted by the Comelec in the local government unit or units directly affected. The plebiscite shall be held within one hundred twenty (120) days from the date of effectivity of said Act, unless otherwise provided therein. Sec461: Requisites for Creation. – (a) A province may be created if it has an average annual income, as certified by the Department of Finance, of not less than Twenty million pesos (P=20,000,000.00) based on 1991 constant prices and either of the following requisites: (i). a contiguous territory of at least two thousand (2,000) square kilometers, as certified by the Lands Management Bureau; or, (ii). a population of not less than two hundred fifty thousand (250,000) inhabitants as certified by the National Statistics Office: Provided, That, the creation thereof shall not reduce the land area, population, and income of the original unit or units at the time of said creation to less than the minimum requirements prescribed herein. (b) The territory need not be contiguous if it comprises two (2) or more islands or is separated by a chartered city or cities which do not contribute to the income of the province. (c) The average annual income shall include the income accruing to the general fund, exclusive of special funds, trust funds, transfers, and non-recurring income. RA7878 (1995) Creating provinces of kalinga and apayao RA8371 (1997), Sec18 IPRA, creation of tribal barangays for ICCs/IPs living in contiguous zones and predominant population, such brgy formed in accordance with LGC. RA9009 (2001) RA9054 (2001), ArtIV, Sec19

STD Prevention and Treatment: General Comment: Microtears in the gums (perhaps aggravated by recent brushing or flossing), finger cuticles, penis, vagina, or anus can cause a breach where a virus or bacterium may enter, even if the tears are not visible or noticeable. Pathogens can also enter the body after landing on the eyes. Basically, one should avoid any situation in which the body fluids of another might make their way into one's bloodstream or contact one's mucous membranes. Some diseases show no symptoms, and the people carrying them may not know they are infected or show any noticeable signs for years, though they can still transmit the disease to you. When symptoms are observed, common ones are pain when urinating, discharge or odd smell from genitals, itching, burning, or pain in genitals (and sometime lower abdomen),

CA VE AT:

- 29 -

warts, sores, or discolorations on genitals, and flu-like symptoms. There are other symptoms as well; see your health care provider if you have any questions. Some STD's (such as Herpes) may be spread by contact with the general areas of the genitals, anus, or mouth. Rashes or outbreaks are often a sign of infection and contagiousness, though it is possible for some of these diseases to be transmitted when there are no visible symptoms. (continued…)

Cr ea tio n Padilla, Jr. vs. COMELEC (1992) Facts: In 1991, COMELEC promulgated a Resolution pursuant to RA7155 approving the creation of the Municipality of Tulay-na-Lupa in Camarines Norte to be composed of 12 brgys in the Municipality of Labo subject to the approval by a majority of votes cast pursuant to Sec 10, ArtX of 1987 Constitution, and LGC. The plebiscite was to be held in the barangays comprising the proposed municipality and the remaining areas of the mother municipality Labo. Plebiscite Board of Canvasser declared the rejection and disapproval of the proposed municipality after the turn-out where a majority voted against the creation. Gov. Padilla files a special civil action to set aside conducted plebiscite and to undertaked a new one because plebiscite should have been conducted only in the 12 brgys comprising the proposed municipality. Held: Plebiscite valid. Padilla’s contention that ArtX, Sec10 has deleted the words “unit or” in Sec3, ArtXI of the 1973 Constitution is untenable. As explained by ConCom Commissioner Davide during the 1986 ConCom debates the deletion of the words was asked because in the plebiscite to be conducted, it must involve all the units affected. When the law states that the plebiscite shall be conducted “in the political units directly affected,” it means that residents of the political entity who would be economically dislocated by the separation of a portion thereof have a right to vote in said plebiscite. TRIVIA: Gov Roy Padilla Jr. is the half-brother of Robin Padilla. Magkapatid sila sa ama.

Torralba and Rugay vs. Municipality of Sibagat, Province of Agusan del Sur and its Municipal Officers (1987) Facts: Petitioners challenge the validity of BP56 creating the municipality of Sibagat, Province of Agusan del Sur, being violative of Sec3, ArtXI of the 1973Constitution. The 1983 LGC after enactment of BP 56. A plebiscite had been conducted among the people of the

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER unit/s affected by the creation of the new municipality, who expressed approval. Officials had been appointed and had assumed respective positions. Petitioners contend that BP 56 is invalid for absence of the LGC at the time of its enactment. Held: BP 56 is valid. The 1973 Constitutional provision does not proscribe nor prohibit modification of territorial and political subdivisions before enactment of the 1983 LGC. What it means is that once said Code is enacted, the creation, modification or dissolution of LGUs should conform with the criteria thus laid down. Before enactment of 1983 LGC, the legislative power remains plenary except that the creation of the new LGU should be approved by the people concerned in a plebiscite called for the purpose. CAB is different from Tan v Comelec since in that case, the LGC already existed at the time the challenged statute (BP885) was enacted. Second, BP885 confined the plebiscite to the “proposed new province” to the exclusion of the voters in the remaining areas, in contravention of the Const and of the LGC that plebiscite should be held “in the unit or units affected”. Third, the requisite area for creation of a new province was not complied with in BP885. Finally, “Indecent haste” attended the enactment of BP885 and the holding of the plebiscite thereafter Cruz, Concurring – on the assumption that the required plebiscite (although not questioned) complied with the Constitutional provision, and was duly held “in the unit or units affected”  not only in the proposed municipality but also in the mother municipality in line with Tan vs. Comelec, reversing Paredes vs. Exec. Sec. and Lopez vs. Metro Manila Commission (where these cases held that plebiscite could be confined only to the political unit proposed to be created)

Cawaling vs. COMELEC (2001) Facts: Pres. Estrada signed into law R.A. No. 8806, an (Act Creating The City Of Sorsogon). Pursuant to Section 10, Article X of the Constitution, COMELEC conducted a plebiscite in the Municipalities of Bacon and Sorsogon and submitted the matter for ratification. The Plebiscite City Board of Canvassers (PCBC) proclaimed the creation of the City of Sorsogon as having been ratified and approved by the majority of the votes cast in the plebiscite. Cawaling, filed on 2 petitions seeking the annulment of the plebiscite and seeking to enjoin the further implementation of R.A. No. 8806 for being unconstitutional. "During the pendency of these cases (May 2001 elections), the newly-created Sorsogon City had the first election of its officials. Since then, the City Government of Sorsogon has been regularly discharging its corporate and political powers pursuant to its charter, R.A. No. 8806. Held: RA 8806 constitutional and plebiscite valid. Petitioner's constricted reading of Section 450(a) of the Code is erroneous. The phrase "A municipality or a cluster of barangays may be converted into a component city" is not a criterion but

CA VE AT:

- 30 simply one of the modes by which a city may be created. Section 10, Article X of the Constitution, allows the merger of local government units to create a province city, municipality or barangay in accordance with the criteria established by the Code. Cawaling’s argument that the Municipality of Sorsogon alone already qualifies to be upgraded to a component city goes into the wisdom of R.A. No. 8806, a matter which we are not competent to rule. In the exercise of judicial power, we are allowed only "to settle actual controversies involving rights which are legally demandable and enforceable," and "may not annul an act of the political departments simply because we feel it is unwise or impractical”. Contrary to petitioner's assertion, there is only one subject embraced in the title of the law, that is, the creation of the City of Sorsogon. The abolition/cessation of the corporate existence of the Municipalities of Bacon and Sorsogon due to their merger is not a subject separate and distinct from the creation of Sorsogon City. Such abolition/cessation was but the logical, natural and inevitable consequence of the merger. It is well-settled that the "one title-one subject" rule does not require the Congress to employ in the title of the enactment language of such precision as to mirror, fully index or catalogue all the contents and the minute details therein. The rule is sufficiently complied with if the title is comprehensive enough as to include the general object which the statute seeks to effect, and where, as here, the persons interested are informed of the nature, scope and consequences of the proposed law and its operation. Moreover, this Court has invariably adopted a liberal rather than technical construction of the rule "so as not to cripple or impede legislation." The 120-day period within which to conduct the plebiscite starts from the date of Act’s effectivity (i.e., after publication in at least two (2) newspapers of general and local circulation). Quite plainly, the last sentence of Section 10 mandates that the plebiscite shall be conducted within 120 days from the date of the effectivity of the law, not from its approval. While the same provision allows a law or ordinance to fix "another date" for conducting a plebiscite, still such date must be reckoned from the date of the effectivity of the law.

Pelaez vs. Auditor General (1965) Facts: From Sept 4 - Oct 29,1964 the President of the Philippines, purporting to act pursuant to Sec 68 of the Revised Administrative Code, issued EOs 93 to 121, 124 and 126 to 129, creating 33 municipalities. Soon after V.P. Pelaez instituted an action against the Auditor General, to restrain him from passing in audit any expenditure of public funds in implementation of said executive orders and/or any disbursement by said municipalities. Pelaez alleges that the EOs are null and void, upon the ground that said Section 68 has been impliedly repealed by RA 2370 (Barrio Charter Act) and constitutes an undue delegation of legislative power. Held: EOs were null and void.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER When Republic Act No. 2370 became effective, barrios may "not be created or their boundaries altered nor their names changed" except by Act of Congress or of the corresponding provincial board "upon petition of a majority of the voters in the areas affected" and the "recommendation of the council of the municipality or municipalities in which the proposed barrio is situated." Respondent claims the President can upon the theory that a new municipality can be created without creating new barrios, such as, by placing old barrios under the jurisdiction of the new municipality. This theory overlooks, that the statutory denial of the presidential authority to create a new barrio implies a negation of the bigger power to create municipalities, each of which consists of several barrios. Founded upon logic and experience, it cannot be offset except by a clear manifestation of the intent of Congress to the contrary, and no such manifestation, subsequent to the passage of Republic Act No. 2370. has been brought to our attention. Respondent alleges that the power of the President to create municipalities under section 68 of the Revised Administrative Code does not amount to an undue delegation of legislative power, relying upon the allegedly settled case of Municipality of Cardona vs. Municipality of Binañgonan (36 Phil. 547). Such claim is untenable, for said case involved, not the creation of a new municipality, but a mere transfer of territory — from an already existing municipality (Cardona) to another municipality (Binañgonan), likewise, existing at the time of and prior to said transfer in consequence of the fixing and definition, pursuant to Act No. 1748, of the common boundaries of two municipalities. It is obvious, however, that the power to fix such common boundary, in order to avoid or settle conflicts of jurisdiction between adjoining municipalities, may partake of an administrative nature but the authority to create municipal corporations is essentially legislative in nature. Although Congress may delegate to another branch of the government the power to fill in the details in the execution, enforcement or administration of a law, it is essential, to forestall a violation of the principle of separation of powers, that said law: (a) be complete in itself — it must set forth therein the policy to be executed, carried out or implemented by the delegate — and (b) fix a standard — the limits of which are sufficiently determinate or determinable — to which the delegate must conform in the performance of his functions. Section 68 of the Revised Administrative Code does not meet these requirements for a valid delegation of the power to fix the details in the enforcement of a law. Even if it did not entail an undue delegation of legislative powers, as it certainly does, said Section 68, as part of the Revised Administrative Code, approved on March 10, 1917, must be deemed repealed by the subsequent adoption of the Constitution, in 1935, which is utterly incompatible and inconsistent with said statutory enactment. BENGZON, J.P., J., concurring and dissenting: Since the Constitution repealed Section 68 as far back as 1935, it is academic to ask whether Republic Act 2370 likewise has provisions in conflict with Section 68 so as to repeal it. Suffice it to state, at any rate, that statutory prohibition on the President from

CA VE AT:

- 31 creating a barrio does not, warrant the inference of statutory prohibition for creating a municipality. For although municipalities consist of barrios, there is nothing in the statute that would preclude creation of new municipalities out of pre-existing barrios. It is not contrary to the logic of local autonomy to be able to create larger political units and unable to create smaller ones. The smaller the unit of local government, the lesser is the need for the national government's intervention in its political affairs. Furthermore, for practical reasons, local autonomy cannot be given from the top downwards. The national government, in such a case, could still exercise power over the supposedly autonomous unit, e.g., municipalities, by exercising it over the smaller units that comprise them, e.g., the barrios. A realistic program of decentralization therefore calls for autonomy from the bottom upwards, so that it is not surprising for Congress to deny the national government some power over barrios without denying it over municipalities. For this reason, I disagree with the majority view that because the President could not create a barrio under Republic Act 2370, a fortiori he cannot create a municipality.



If a municipality entered into contracts before the declaration of nullity, it must still comply with it since the operative fact is that its rights and obligations must be complied with. (Municipality of Malabang case).



Not all LGUs created by Executive void. In the Municipality of San Narcisco case, the municipal district was a de facto corporaton for only after 30 year of existing was it questioned; All those years government had acknowledged its existence plus Sec 442(d) cures defect.

Aboli tion Sultan Usman Sarangani vs. COMELEC (2000) Facts: A petition for annulment of several precincts and of book voters in Mandalum, Lanao del Sur was filed with COMELEC. Mandalum Mayor Usman Sarangani and 23 brgy chairmen opposed the petition and claimed that the petition was for the purpose of diminishing the bailiwicks of the mayor. A Task Force Investigation Team was created to investigate the alleged ghost precincts. It reported that: the supposed Brgy Padian Torogan (PT) means a cemetery and not a residential place only 2 structures in the area i.e. roofless concrete house and wooden structure w/out walls and roof no one answered affirmatively when asked if they were registered voters or residents of brgy PT. On the basis of the report, COMELEC issued an order finding PT as ghost precinct and that it shall be excluded from the special elections in Mandalum. Sarangani filed this petition urging the nullification of the COMELEC order. Held: COMELEC did not act with GAOD.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER The determination of WON a certain election precinct actually exists or not and whether the voters registered in said precinct are real voters is a factual matter which if based on duly supported by evidence are conclusive upon the SC, more so in the absence of a substantiated attack on the validity of the same. Upon the records, SC found that COMELEC had exerted efforts to investigate and verify the facts in the report, hence its conclusion that there were no inhabitants in PT. If there were no inhabitants, then there can be no registered voters or the registered voters may have left. It is not impossible for a certain brgy not to actually have any inhabitants considering that people migrate. A barangay may officially exist on record and the fact that nobody resides in the place does not result in its automatic cessation as a unit of local government. Under the LGCode, the abolition of a government unit may be done by Congress in the case of a province, city, municipality or any other political subdivision. In the case of a brgy, except in Metro Manila and cultural communities, it may be done by the Sangguniang Panlalawigan or Panglungsod concerned subject to the mandatory requirement of a plebiscite conducted for the purpose in the political units affected. The right of suffrage is not tampered with when a list of fictitious voters is excluded from an electoral exercise. No voter is disenfranchised because no such voter exists. Such exclusion of non-existent voters all the more protects the validity and credibility of the electoral process because electoral will would not be rendered nugatory.

Salva vs. Makalintal (2000) Facts: The Sangguniang Panlalawigan (SP) of Batangas issued an Ordinance abolishing Brgy. San Rafael and its merger with Brgy. Dacanlao and instructed COMELEC to conduct the required plebiscite. The Ordinance was vetoed by the Governor. Hence, the SP issued a Resolution affirming the ordinance and overriding the veto of the Governor. COMELEC then issued the a Resolution providing for the rules and regulations governing the conduct of the plebiscite. Petitioners filed a class suit against SP of Batangas, SB of Calaca for the annulment of the Ordinance and the resolutions. TC denied issuance of TRO in an Order saying that the TRO sought is directed only to the COMELEC Resolution and action against a COMELEC resolution must be brought before SC.Petitioners contend that RTC has jurisdiction over TRO. Held: RTC has jurisdiction over TRO. Sec. 7, Art. IX-A of 1987 Consti provides that any decision, order or ruling of each Commission such as COMELEC, may be brought on certiorari to SC by the aggrieved party w/in 30 days from receipt. The COMELEC’s powers are classified either as adjudicatory/quasi-judicial or administrative or ministerial. Final orders, rulings and decisions of COMELEC reviewable by SC are those rendered in actions or proceedings before COMELEC and taken cognizance of said body in the exercise of its adjudicatory or quasi-judicial powers.

CA VE AT:

- 32 The issuance of the COMELEC resolution in this case was pursuant to Sec. 10 of LGCode and is thus a ministerial duty of the COMELEC that is enjoined by law and part and parcel of its administrative functions. It involves no exercise of discretionary authority. It is also not an exercise of quasi-judicial power to hear and resolve controversies defining the rights and duties of the parties relative to the conduct of elections of public officers and the enforcement of election laws. The COMELEC resolution was merely an incident of its inherent administrative functions over the conduct of plebiscites, thus it may not be deemed a “final order” reviewable by the SC. Any question pertaining to the validity of the resolutions may well be taken in an ordinary civil actions before RTC.

Inc ome Alvarez vs. Guingona (1996) Facts: Petitioners, assail the validity of RA7720 (Santiago City Act) because: (1) It allegedly did not originate exclusively in the House of Representatives as mandated by Sec24, Art6 of the 1987 Constitution and (2) the Municipality of Santiago has not met the minimum average annual income required under Sec450 of 1991LGC in order to be converted into a component city. Held: RA 7720 complied with Const requirements. Petitioners’ claim that the law did not originate exclusively in the House of Representatives because a bill of same import (SB1243) was passed in the Senate is untenable because it cannot be denied that HB8817 was filed in the House first (April 19, 1993) before SB1243 was filed in the Senate (May 19, 1993), which they themselves admitted. Senate clearly held in abeyance any action on SB1243 until it received HB9917 already approved on 3rd reading from the House. The filing in the Senate of a substitute bill in anticipation of its receipt of the bill from the House does not contravene the Constitution. Santiago has met the minimum requirement. IRAs form part of the income of LGUs. They are items of income because they form part of the gross accretion of the funds of the LGU. They regularly and automatically accrue to the local treasury without need of any further action on the part of the LGU. (Sec7, LGC) They thus constitute income which the local government can invariably rely upon as the source of much needed funds.

Sub -Pr ov in ce s 1987 Constitution, Art XVIII: Transitory Provisions Sec9: A sub-province shall continue to exist and operate until it is converted into a regular province or until its component municipalities are reverted to the mother province.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Local Government Code (1991) – RA7160 Sec462. Existing Sub-Provinces – Existing sub-provinces are hereby converted into regular provinces upon approval by a majority of the votes cast in a plebiscite to be held in the said sub-provinces and the original provinces directly affected. The plebiscite shall be conducted by the COMELEC simultaneously with the national elections following the effectivity of this Code. The new legislative districts created as a result of such conversion shall continue to be represented in Congress by the duly-elected representatives of the original districts out of which said new provinces or districts were created until their own representatives shall have been elected in the next regular congressional elections and qualified. The incumbent elected officials of the said sub-provinces converted into regular provinces shall continue to hold office until June 30, 1992. Any vacancy occurring in the offices occupied by said incumbent elected officials, or resulting from expiration of their terms of office in case of a negative vote in the plebiscite results, shall be filled by appointment by the President. The appointees shall hold office until their successors shall have been elected in the regular local elections following the plebiscite mentioned herein and qualified. After effectivity of such conversion, the President shall fill up the position of governor of the newly-created province through appointment if none has yet been appointed to the same as hereinbefore provided, and shall also appoint a vice-governor and the other members of the sangguniang panglalawigan, all of whom shall likewise hold office until their successors shall have been elected in the nest regular local elections and qualified. All qualified appointive officials and employees in the career service of the said sub-provinces at the time of their conversion into regular provinces shall continue in office in accordance with civil service law, rules and regulations.

Held: COMELEC acted without jurisdiction. Although Sec 462 LGC completely addresses an eventuality where people of both the original and the new district (to be created) agree to the proposed creation of the new district (by appointment of President, if none appointed yet, of the provincial officers of new district), the provision is incomplete if the proposed conversion is rejected by those affected. Whatever incumbent elective positions exist under the present setup, it appears that in case of a negative vote, these sub-provincial positions shall be filled by appointment of the President. But it failed to foresee that in the event the negative vote prevails naturally, the sub-province shall continue to be a part of the original province and continue to be represented by the provincial officials of the original province. However, it would be useless to undo the plebiscite conducted by COMELEC.  Voters overwhelmingly voted for the approval of the conversion of Guimaras into a regular province. In this event, President shall appoint the provincial officials for the newly created province of Guimaras (which in fact President had already done). Guimaras being a regular and politically independent province from Iloilo, there is no more legal basis to call for a special election for the 3municipalities in Guimaras for purpose of electing their provincial officials. TRIVIA: In Guimaras , you can eat its famous mangoes but you cannot take home the mango seed (“buto ng mangga”).

Selection and Transfer of Local Government Sites

Griño vs. COMELEC (1992) Facts: Sub-province of Guimaras is composed of 3 municipalities which constitute a part of 2nd district of Iloilo. In previous elections, voters from the 3 municipalities were allowed to vote for the provincial officials of entire province of Iloilo. When 1991LGC came into effect, Sec462 called for the conversion of existing subprovinces into regular provinces upon approval by a majority of the votes cast in a plebiscite to be held in the areas directly affected by the conversion. It also directed holding of plebiscite simultaneously with national elections following effectivity of LGC. COMELEC conducted a plebiscite for the conversion of Guimaras simultaneously with the May1992 elections. It issued rules and regulations governing the plebiscite – that all registered voters of Iloilo (except Iloilo City) and Guimaras qualified to vote in the provincial elections were qualified to vote in the plebiscite. The ballots used contained the plebiscite question but petitioners observed that ballots distributed to 3municipalities of Guimaras did not contain any space or provision for election of provincial officials. Petitioners allege that COMELEC acted without jurisdiction and with GAOD when it disallowed Guimaras voters

CA VE AT:

- 33 from voting provincial officers since LGC had no specific provision that sub-province voters shall no longer be allowed to vote for provincial officers in case they vote against conversion

Sec11, LGC: Selection and Transfer of Local Government Site, Offices and Facilities – (a) The law or ordinance creating or merging local government units shall specify the seat of government from where governmental and corporate services shall be delivered. In selecting said site, factors relating to geographical centrality, accessibility, availability of transportation and communication facilities, drainage and sanitation, development and economic progress, and other relevant considerations shall be taken into account.

(b) When

conditions and developments in the local government unit concerned have significantly changed subsequent to the establishment of the seat of government, its sanggunian may, after public hearing and by a vote of 2/3 of all its members, transfer the same to a site better suited to its needs: Provided, however, That no such transfer shall be made outside the territorial boundaries of the local government unit concerned. The old site, together with the improvements thereon, may be disposed of by sale or lease or converted to such other

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER (c)

use as the sanggunian concerned may deem beneficial to the local government unit concerned and its inhabitants. Local government offices and facilities shall not be transferred, relocated, or converted to other uses unless public hearings are first conducted for the purpose and the concurrence of the majority of all the members of the sanggunian concerned is obtained.

Samson vs. Aguirre (1999) Facts: In 1998, President Ramos signed into law RA 8535 creating the City of Novaliches, out of 15 barangays of QC. Petitioner challenges the constitutionality of RA 8535 because (1) RA 8535 failed to conform with the LGC, Sec 7, 11 (a) and 450 (a) as to requirements of income, population, and land area, seat of government and no adverse effect to Quezon City; (2) RA 8535 violated IRR 11(b) (1) and (2) as to furnishing a copy of the petition calling creation of Novaliches City to the QC Council and (3) RA 8535 will amend the Constitution Held: NO, RA 8535 perfectly lawful and constitutional. Rule: Every statue is presumed valid. Petitioner did not overcome the presumption of validity. As to alleged lack of certifications: Petitioner did not present proof, but only mere allegations, that no certifications were submitted to the House of Representatives Committee on Local Government. So presumption stands that the law was passed had complied with all the requisites. As to petitioner's argument that the oral manifestations made by the above mentioned gov't representatives were not enough certification: the government officials were armed with official statistics and reference materials. Petitioner also failed to show that aside from the oral manifestations, these government officials did not submit written certifications. Hence, SC shall presume that these requirements were met on the passage of the legislative act. As to failure to specify the seat of government (as required by sec 11 of the LGC): Indeed, RA 8535 failed to provide for a seat of government for Novaliches. But this omission is not fatal to the validity of RA 8535. Under section 12 of the LGC, Novaliches may still establish a seat of government after its creation. Note that while sec 12 of the LGC merely speaks of the site of government centers, such site can also very well be the seat of government. As to adverse effect to QC: QC Mayor Ismael Mathay Jr. himself, who was present during the deliberations in the Senate committee hearings, made no mention of any deleterious effects. As to the fact that the QC Council was not furnished a copy of the petition: the purpose of this IRR requirement is to duly inform the local council of such petition and for them to have an opportunity to formulate comments. The matter at hand is widely publicized already in the media. Hence, the Council can not claim they were not informed.

CA VE AT:

- 34 Lastly, RA 8535 does not amend the Constitution. The Ordinance attached to the Constitution merely apportions the seats of the House of Representatives to the different legislative districts. Nowhere does it provide that Metro Manila shall be forever be composed of only 0f 17 cities and municipalities. Political and Corporate Nature of Local Government Units Sec5, LGC: Rules of Interpretation – In the interpretation of the provisions of this Code, the following rules shall apply: xxx (d) Rights and obligations existing on the date of effectivity of this Code and arising out of contracts or any other source of prestation involving a local government unit shall be governed by the original terms and conditions of said contracts or the law in force at the time such rights were vested; and xxx Sec15, LGC: Political and Corporate Nature of LGUs – Every local government unit created or recognized under this Code is a body politic and corporate endowed with powers to be exercised by it in conformity with law. As such, it shall exercise powers as a political subdivision of the National Government and as a corporate entity representing the inhabitants of its territory.

Lidasan vs. COMELEC (1964) Facts: On June 18, 1966, the Chief Executive signed into law known as RA 4790 creating the new municipality of Dianaton, Lanao del Sur. Some of the barrios included in the new municipality came from municipalities of Cotabato. Prompted by the coming elections, Comelec adopted its resolution of August 15, 1967, which affirms the new municipality. As the law stood, twelve barrios - in two municipalities in the province of Cotabato — are transferred to the province of Lanao del Sur. This brought about a change in the boundaries of the two provinces. Apprised of this development, the Office of the President, through the Assistant Executive Secretary, recommended to Comelec that the operation of the statute be suspended until "clarified by correcting legislation." Comelec, by resolution of September 20, 1967, stood by its own interpretation, declared that the statute "should be implemented unless declared unconstitutional by the Supreme Court." Hence the original action for certiorari and prohibition by Bara Lidasan. Held: RA 4790 is unconstitutional. It suffices if the title should serve the purpose of the constitutional demand that it inform the legislators, the persons interested in the subject of the bill, and the public, of the nature, scope and consequences of the proposed law and its operation. And this, to lead them to inquire into the body of the bill, study and discuss the same, take appropriate action thereon, and, thus, prevent surprise or fraud upon the legislators. In the CAB, the title — "An Act Creating the Municipality of Dianaton, in the Province of Lanao del Sur" — projects the

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER impression that solely the province of Lanao del Sur is affected by the creation of Dianaton. Not the slightest intimation is there that communities in the adjacent province of Cotabato are incorporated in this new Lanao del Sur town. The phrase "in the Province of Lanao del Sur," read without subtlety or contortion, makes the title misleading, deceptive. For, the known fact is that the legislation has a two-pronged purpose combined in one statute: (1) it creates the municipality of Dianaton purportedly from twenty-one barrios in the towns of Butig and Balabagan, both in the province of Lanao del Sur; and (2) it also dismembers two municipalities in Cotabato, a province different from Lanao del Sur. The transfer of a sizeable portion of territory from one province to another of necessity involves reduction of area, population and income of the first and the corresponding increase of those of the other. This is as important as the creation of a municipality. And yet, the title did not reflect this fact. RA 4790 cannot salvaged by th nullification of the portion which took away the twelve barrios in the municipalities of Buldon and Parang in the other province of Cotabato. The general rule is that where part of the statute is void, as repugnant to the Organic Law, while another part is valid, the valid portion, if separable from the invalid, may stand and be enforced. But in order to do this, the valid portion must be so far independent of the invalid portion that it is fair to presume that the Legislature would have enacted it by itself if they had supposed that they could not constitutionally enact the other. Municipal corporations perform twin functions. Firstly. They serve as an instrumentality of the State in carrying out the functions of government. Secondly. They act as an agency of the community in the administration of local affairs. It is in the latter character that they are a separate entity acting for their own purposes and not a subdivision of the State. Consequently, several factors come to the fore in the consideration of whether a group of barrios is capable of maintaining itself as an independent municipality. Amongst these are population, territory, and income. It was apparently these same factors which induced the writing out of House Bill 1247 creating the town of Dianaton. When the foregoing bill was presented in Congress, unquestionably, the totality of the twenty-one barrios— not nine barrios—was in the mind of the proponent thereof. That this is so, is plainly evident by the fact that the bill itself, thereafter enacted into law, states that the seat of the government is in Togaig, which is a barrio in the municipality of Buldon in Cotabato. And then the reduced area poses a number of questions, which the SC may not supply the answer to any of these. With the known premise that Dianaton was created upon the basic considerations of progressive community, large aggregate population and sufficient income, we may not now say that Congress intended to create Dianaton with only nine—of the original twenty-one—barrios, with a seat of government still left to be conjectured. For, this unduly stretches judicial interpretation of congressional intent beyond credibility point. To do so, indeed, is to pass the line which circumscribes the judiciary and tread on legislative premises. FERNANDO, J., dissenting: The mere fact that in the body of such statute barrios found in two other municipalities of another province were included does not of

CA VE AT:

- 35 itself suffice for a finding of nullity by virtue of the constitutional provision invoked. At the most, the statute to be free from the insubstantial doubts about its validity must be construed as not including the barrios, located not in the municipalities of Butig and Balabagan, Lanao del Sur, but in Parang and Buldon, Cotabato. The constitutional requirement is that no bill which may be enacted into law shall embrace more than one subject which shall be expressed in the title of the bill. It is aimed against the evils of the so-called omnibus bills, and log-rolling legislation, and against surreptitious or unconsidered enactments. Where the subject of a bill is limited to a particular matter, the members of the legislature as well as the people should be informed of the subject of proposed legislative measures. This constitutional provision thus precludes the insertion of riders in legislation, a rider being a provision not germane to the subject matter of the bill. It is not to be narrowly construed though as to cripple or impede proper legislation. The construction must be reasonable and not technical. It is sufficient if the title be comprehensive enough reasonably to include the general object which the statute seeks to effect without expressing each and every end and means necessary for the accomplishment of that object. Mere details need not be set forth. The legislature is not required to make the title of the act a complete index of its contents. The constitutional provision is satisfied if all parts of an act which relates to its subject find expression in its title. It would follow therefore that the challenged legislation Republic Act No. 4790 is not susceptible to the indictment that the constitutional requirement as to legislation having only one subject which should be expressed in his title was not met. The subject was the creation of the municipality of Dianaton. That was embodied in the title. To avoid any doubt as to that validity of such statue, it must be construed as to exclude from Dianaton all of such barrios mentioned in RA 4790 found in municipalities outside Lanao del Sur. As thus interpreted, the statute can meet the test of the most rigid scrutiny. Nor is this to do violence to the legislative intent. What was created was a new municipality from barrios named as found in Lanao del Sur. This construction assures precisely that.

Torio vs. Fontanilla (1978) Facts: The Municipal Council of Malasiqui, Pangasinan, resolved to celebrate the town fiesta and created a "Town Fiesta Executive Committee" to undertake, manage and supervise the festivities. The Executive Committee created a sub-committee on "Entertainment and Stage", which constructed two stages, one for the "zarzuela" and another for "cancionan." During the program people went up the "zarzuela" stage and before the play was over the stage collapsed, pinning underneath one of the performers, resulting in his death. The heirs of the deceased sued the municipality and the councilors for damages. The municipality invoked inter alia the principal defense that the holding of a town fiesta was an exercise of its governmental function from which no liability can arise to answer for the negligence of any of its agents. The councilors maintained

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER that they merely acted as agents of the municipality in carrying out the municipal ordinance. The trial court dismissed the complaint of a finding that the petitioners exercised due diligence and care of a good father of a family in selecting a competent man to construct the stage and if it collapsed it was due to forces beyond the control of the committee on entertainment and stage. The Court of Appeals reversed. Held: The celebration a town fiesta is an undertaking in the exercise of a municipality's government proprietary character thus is liable. The powers of a municipality are twofold in character — public, governmental, or political on the one hand, and corporate, private, or proprietary on the other. Governmental powers are those exercised by the corporation in administering the powers of the state and promoting the public welfare and they include the legislative, judicial, public, and political, Municipal powers on the other hand are exercised for the special benefit and advantage of the community and include those which are ministerial, private and corporate. In the CAB, Section 2282 of the Chapter on Municipal Law of the Revised Administrative Code simply gives authority to the municipality to accelebrate a yearly fiesta but it does not impose upon it a duty to observe one. Holding a fiesta even if the purpose is to commemorate a religious or historical event of the town is in essence an act for the special benefit of the community and not for the general welfare of the public performed in pursuance of a policy of the state. The mere fact that the celebration, as claimed, was not to secure profit or gain but merely to provide entertainment to the town inhabitants is not a conclusive test. For instance, the maintenance of parks is not a source of income for the town, nonetheless it is private undertaking as distinguished from the maintenance of public schools, jails, and the like which are for public service. Easily, no governmental or public policy of the state is involved in the celebration of a town fiesta. Since the injury was caused respect to the municipality’s proprietary functions, the settled rule is that a municipal corporation can be held liable to third persons ex contractu or ex delicto if found negligent, which the CA found and held that there was negligence. The municipality acting through its municipal council appointed Macaraeg as chairman of the sub-committee on entertainment and in charge of the construction of the "zarzuela" stage. Macaraeg acted merely as an agent of the Municipality. Under the doctrine of respondent superior mentioned petitioner is responsible or liable for the negligence of its agent acting within his assigned tasks. ". . . when it is sought to render a municipal corporation liable for the act of servants or agents, a cardinal inquiry is, whether they are the servants or agents of the corporation. If the corporation appoints or elects them, can control them in the discharge of their duties, can continue or remove them, can hold them responsible for the manner in which they discharge their trust, and if those duties relate to the exercise of corporate powers, and are for the peculiar benefit of the corporation in its local or special interest,

CA VE AT:

- 36 they may justly be regarded as its agents or servants, and the maxim of respondent superior applies." . . . (Dillon on Municipal Corporations, 5th Ed., Vol. IV, p. 2879)

City of Manila vs. IAC (1989) Facts: In 1971, Vivencio Sto. Domingo died and was buried in the North Cemetery (NC; Lot 159), leased by the City to wife Irene for 50 yrs. Full payment of the rental fee is evidenced by official receipt which, although appearing regular on its face, does not reflect the term of duration of the lease. City Mayor issued an Admin Order which prescribes a uniform procedure and guidelines in the processing of documents for the use and disposition of burial lots and plots within NC. By virtue of said AO, it was believed that Lot 159 was leased only for 5 years to the Sto. Domingos. In 1978, Vivencio’s remains were exhumed and placed in a bag and placed in the depository of the cemetery. Sto. Domingos visited the lot but found a new lessee therein. They inquired about the remains of Vivencio and was told that she can simply look for the remains of her husband in the warehouse of the cemetery. Irene claims that it was impossible to locate the remains of Vivencio in a depository containing thousands of sacks of human bones. Irene claims damages. City says it isn’t liable since operation of a public cemetery is a governmental function. Held: The operations and functions of a public cemetery is a proprietary function of the City City of Manila is a political body corporate and as such is endowed with the faculties of municipal corporations to be exercised by and through its city government in conformity with law, and in its corporate name. It may therefore sue and be sued, and contract and be contracted with. Maintenance of parks, golf courses, cemeteries and airports, among others, are recognized as municipal or city activities of a proprietary character. In the absence of special laws, the NC is a patrimonial property (see Art 424 CC) of the City over which it exercises acts of dominion. There is therefore no doubt that the NC is owned by the City in its proprietary or private character. The obligations arising from the contract of lease has the force of law between the parties in the CAB. The City’s breach of a contractual provision entitles the Sto. Domingos to damages Under the doctrine of respondeat superior, the City is liable for the tortius acts committed by its agents who failed to verify and check the duration of the contract of lease.

Macasiano vs. Diokno Facts: Municipality of Paranaque passed an Ordinance which authorized the (1) closure of certain streets at Baclaran and (2) the

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER establishment of a flea market thereon. Such was passed pursuant to an MMC Ordinance authorizing and regulating the use of certain city streets, roads and open spaces within M.Mla. as sites for flea markets or vending areas. Ordinance was later approved by the M.Mla Authority subject to the certain conditions. Paranaque mayor entered into an agreement with Palanyag, a service cooperative, for the establishment and operation of the flea market. PNP Superintendent Macasiano ordered the confiscation of stalls put up by Palanyag and the discontinuation of the operation of the flea market. TC upheld validity of Ordinance No. 86 and enjoined Macasiano from enforcing his letter-order. Held: The ordinance by Paranaque authorizing the lease and use of public streets or thoroughfares as sites for flea market is invalid. Streets are local roads used for public service and are therefore considered public properties. Properties of the local government which are devoted to public service are deemed public and are under the absolute control of Congress. Hence, local govts. Have no authority whatsoever to control or regulate the use of public properties unless specific authority is vested upon them by Congress. Sec 10 Chapter II of the LGC, although authorizing LGUs to close roads and similar public places, should be deemed limited by Art 424 CC which provides that properties of public dominion devoted to public use and made available to the public in general are outside the commerce of man and cannot be disposed of or leased by the LGC to private persons. Closure should be for the sole purpose of withdrawing the road or other public property from public use when circumstances show that such property is no longer intended or necessary for public use or service. When the property is already withdrawn from public use, it becomes patrimonial property of the LGU which it can then lawfully use or convey. The right of the public to use the city streets may not be bargained away through contract. Even assuming that the municipality has the authority to pass the disputed ordinance, it cannot be considered approved by the M.Mla. Authority due to non-compliance with the imposed conditions. Also, the establishment of the flea market would not help in solving the problem of congestion in Baclaran.

General Welfare Clause Sec16, LGC: General Welfare. – 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,

CA VE AT:

- 37 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 their residents, maintain peace and order, and preserve the comfort and convenience of their inhabitants.

Sangguniang Barangay Sec391, LGC: Powers, Duties, and Functions. – (a) The sangguniang barangay, as the legislative body of the barangay, shall: (1) Enact ordinances as may be necessary to discharge the responsibilities conferred upon it by law or ordinance and to promote the general welfare of the inhabitants therein; (2) Enact tax and revenue ordinances, subject to the limitations imposed in this Code; (3) Enact annual and supplemental budgets in accordance with the provisions of this Code; (4) Provide for the construction and maintenance of barangay facilities and other public works projects chargeable to the general fund of the barangay or such other funds actually available for the purpose; (5) Submit to the sangguniang panlungsod or sangguniang bayan such suggestions or recommendations as it may see fit for the improvement of the barangay or for the welfare of the inhabitants thereof; (6) Assist in the establishment, organization, and promotion of cooperative enterprises that will improve the economic condition and well-being of the residents; (7) Regulate the use of multi-purpose halls, multi- purpose pavements, grain or copra dryers, patios and other postharvest facilities, barangay waterworks, barangay markets, parking areas or other similar facilities constructed with government funds within the jurisdiction of the barangay and charge reasonable fees for the use thereof; (8) Solicit or accept monies, materials and voluntary labor for specific public works and cooperative enterprises of the barangay from residents, land owners, producers and merchants in the barangay; monies from grants-in-aid, subsidies, contributions, and revenues made available to the barangays from national, provincial, city or municipal funds; and monies from other private agencies and individuals: Provided, however, That monies or properties donated by private agencies and individuals for specific purposes shall accrue to the barangay as trust fund; (9) Solicit or accept, in any or all the foregoing public works and cooperative enterprises, such cooperation as is made available by national, provincial, city, or municipal agencies established by law to render financial, technical, and advisory assistance to barangays and to barangay residents: Provided, however, That in soliciting or accepting such cooperation, the sangguniang barangay need not pledge any sum of money for expenditure in excess of amounts currently in the barangay treasury or encumbered for other purposes; (10) Provide compensation, reasonable allowances or per diems as well as travel expenses for sangguniang

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER

(11)

(12) (13)

(14) (15) (16) (17)

(18) (19)

(20) (21) (22) (23)

barangay members and other barangay officials, subject to the budgetary limitations prescribed under Title Five, Book II of this Code: Provided, however, That no increase in the com- pensation or honoraria of the sangguniang barangay members shall take effect until after the expiration of the full term of all members of the sangguniang barangay approving such increase; Hold fund-raising activities for barangay projects without the need of securing permits from any national or local office or agency. The proceeds from such activities shall be tax-exempt and shall accrue to the general fund of the barangay: Provided, That in the appropriation thereof, the specific purpose for which such fund-raising activity has been held shall be first satisfied: Provided, further, That no fund-raising activities shall be held within a period of sixty (60) days immediately preceding and after a national or local election, recall, referendum, or plebiscite: Provided, finally, That said fund-raising activities shall comply with national policy standards and regulations on morals, health, and safety of the persons participating therein. The sangguniang barangay, through the punong barangay, shall render a public accounting of the funds raised at the completion of the project for which the fundraising activity was under- taken; Authorize the punong barangay to enter into contracts in behalf of the barangay, subject to the provisions of this Code; Authorize the barangay treasurer to make direct purchases in an amount not exceeding One thousand pesos (P1,000.00) at any one time for the ordinary and essential administrative needs of the barangay; Prescribe fines in amounts not exceeding One thousand pesos (P1,000.00) for violation of barangay ordinances; Provide for the administrative needs of the lupong tagapamayapa and the pangkat ng tagapagkasundo; Provide for the organization of community brigades, barangay tanod, or community service units as may be necessary; Organize regular lectures, programs, or fora on community problems such as sanitation, nutrition, literacy, and drug abuse, and convene assemblies to encourage citizen participation in government; Adopt measures to prevent and control the proliferation of squatters and mendicants in the barangay; Provide for the proper development and welfare of children in the barangay by promoting and supporting activities for the protection and total development of children, particularly those below seven (7) years of age; Adopt measures towards the prevention and eradication of drug abuse, child abuse, and juvenile delinquency; Initiate the establishment of a barangay high school, whenever feasible, in accordance with law; Provide for the establishment of a non-formal education center in the barangay whenever feasible, in coordination with the Department of Education, Culture and Sports, ; Provide for the delivery of basic services; and

CA VE AT:

(24)

- 38 Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.

Sangguniang Bayan Sec447, LGC: Powers, Duties, Functions and Compensation. – (a) The sangguniang bayan, as the legislative body of the municipality, shall enact ordinances, approve resolutions and appropriate funds for the general welfare of the municipality and its inhabitants pursuant to Section 16 of this Code and in the proper exercise of the corporate powers of the municipality as provided for under Section 22 of this Code, and shall: (1) Approve ordinances and pass resolutions necessary for an efficient and effective municipal government, and in this connection shall: (i) Review all ordinances approved by the sangguniang barangay and executive orders issued by the punong barangay to determine whether these are within the scope of the prescribed powers of the sanggunian and of the punong barangay; (ii) Maintain peace and order by enacting measures to prevent and suppress lawlessness, disorder, riot, violence, rebellion or sedition and impose penalties for the violation of said ordinances;

(iii)

(iv)

(v)

(vi)

Approve ordinances imposing a fine not exceeding Two thousand five hundred pesos (P=2,500.00) or an imprisonment for a period not exceeding six (6) months, or both in the discretion of the court, for the violation of a municipal ordinance; Adopt measures to protect the inhabitants of the municipality from the harmful effects of manmade or natural disasters and calamities and to provide relief services and assistance for victims during and in the aftermath of said disasters or calamities and their return to productive livelihood following said events; Enact ordinances intended to prevent, suppress and impose appropriate penalties for habitual drunkenness in public places, vagrancy, mendicancy, prostitution, establishment and maintenance of houses of ill repute, gambling and other prohibited games of chance, fraudulent devices and ways to obtain money or property, drug addiction, maintenance of drug dens, drug pushing, juvenile delinquency, the printing, distribution or exhibition of obscene or pornographic materials or publications, and such other activities inimical to the welfare and morals of the inhabitants of the municipality; Protect the environment and impose appropriate penalties for acts which endanger the environment, such as dynamite fishing and other forms of destructive fishing, illegal logging and smuggling of logs, smuggling of natural resources products and of endangered species of flora and fauna, slash and burn farming, and such other

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER activities which result in pollution, acceleration of eutrophication of rivers and lakes, or of ecological imbalance; (vii) Subject to the provisions of this Code and pertinent laws, determine the powers and duties of officials and employees of the municipality; (viii) Determine the positions and the salaries, wages, allowances and other emoluments and benefits of officials and employees paid wholly or mainly from municipal funds and provide for expenditures necessary for the proper conduct of programs, projects, services, and activities of the municipal government; (ix) Authorize the payment of compensation to a qualified person not in the government service who fills up a temporary vacancy or grant honorarium to any qualified official or employee designated to fill a temporary vacancy in a concurrent capacity, at the rate authorized by law; (x) Provide a mechanism and the appropriate funds therefor, to ensure the safety and protection of all municipal government property, public documents, or records such as those relating to property inventory, land ownership, records of births, marriages, deaths, assessments, taxation, accounts, business permits, and such other records and documents of public interest in the offices and departments of the municipal government; (xi) When the finances of the municipal government allow, provide for additional allowances and other benefits to judges, prosecutors, public elementary and high school teachers, and other national government officials stationed in or assigned to the municipality; (xii) Provide for legal assistance to barangay officials who, in the performance of their official duties or on the occasion thereof, have to initiate judicial proceedings or defend themselves against legal action; and, (xiii) Provide for group insurance or additional insurance coverage for barangay officials, including members of barangay tanod brigades and other service units, with public or private insurance companies, when the finances of the municipal government allow said coverage. (2) Generate and maximize the use of resources and revenues for the development plans, program objectives and priorities of the municipality as provided for under Section 18 of this Code with particular attention to agroindustrial development and countryside growth and progress, and relative thereto, shall: (i) Approve the annual and supplemental budgets of the municipal government and appropriate funds for specific programs, projects, services and activities of the municipality, or for other purposes not contrary to law, in order to promote the general welfare of the municipality and its inhabitants;

CA VE AT:

(ii)

(iii)

(iv)

(v)

(vi) (vii)

(viii) (ix)

(x)

- 39 Subject to the provisions of Book II of this Code and applicable laws and upon the majority vote of all the members of the sangguniang bayan, enact ordinances levying taxes, fees and charges, prescribing the rates thereof for general and specific purposes, and granting tax exemptions, incentives or reliefs; Subject to the provisions of Book II of this Code and upon the majority vote of all the members of the sangguniang bayan, authorize the municipal mayor to negotiate and contract loans and other forms of indebtedness; Subject to the provisions of Book II of this Code and applicable laws and upon the majority vote of all the members of the sangguniang bayan, enact ordinances authorizing the floating of bonds or other instruments of indebtedness, for the purpose of raising funds to finance development projects; Appropriate funds for the construction and maintenance or the rental of buildings for the use of the municipality and, upon the majority vote of all the members of the sangguniang bayan, authorize the municipal mayor to lease to private parties such public buildings held in a proprietary capacity, subject to existing laws, rules and regulations; Prescribe reasonable limits and restraints on the use of property within the jurisdiction of the municipality; Adopt a comprehensive land use plan for the municipality: Provided, That the formulation, adoption, or modification of said plan shall be in coordination with the approved provincial comprehensive land use plan; Reclassify land within the jurisdiction of the municipality, subject to the pertinent provisions of this Code; Enact integrated zoning ordinances in consonance with the approved comprehensive land use plan, subject to existing laws, rules and regulations; establish fire limits or zones, particularly in populous centers; and regulate the construction, repair or modification of buildings within said fire limits or zones in accordance with the provisions of the Fire Code; Subject to national law, process and approve subdivision plans for residential, commercial, or industrial purposes and other development purposes, and collect processing fees and other charges, the proceeds of which shall accrue entirely to the municipality: Provided, however, That, where approval by a national agency or office is required, said approval shall not be withheld for more than thirty (30) days from receipt of the application. Failure to act on the

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER application within the period stated above shall be deemed as approval thereof; (xi) Subject to the provisions of Book II of this Code, grant the exclusive privilege of constructing fish corrals or fish pens, or the taking or catching of bangus fry, prawn fry or kawag-kawag or fry of any species or fish within the municipal waters; (xii) With the concurrence of at least two-thirds (2/3) of all the members of the sangguniang bayan, grant tax exemptions, incentives or reliefs to entities engaged in community growth-inducing industries, subject to the provisions of Chapter 5, Title I, Book II of this Code; (xiii) Grant loans or provide grants to other local government units or to national, provincial and municipal charitable, benevolent or educational institutions: Provided, That said institutions are operated and maintained within the municipality; (xiv) Regulate the numbering of residential, commercial and other buildings; and, (xv) Regulate the inspection, weighing and measuring of articles of commerce. (3) Subject to the provisions of Book II of this Code, grant franchises, enact ordinances authorizing the issuance of permits or licenses, or enact ordinances levying taxes, fees and charges upon such conditions and for such purposes intended to promote the general welfare of the inhabitants of the municipality, and pursuant to this legislative authority shall: (i) Fix and impose reasonable fees and charges for all services rendered by the municipal government to private persons or entities; (ii) Regulate any business, occupation, or practice of profession or calling which does not require government examination within the municipality and the conditions under which the license for said business or practice of profession may be issued or revoked; (iii) Prescribe the terms and conditions under which public utilities owned by the municipality shall be operated by the municipal government or leased to private persons or entities, preferably cooperatives; (iv) Regulate the display of and fix the license fees for signs, signboards, or billboards at the place or places where the profession or business advertised thereby is, in whole or in part, conducted; (v) Any law to the contrary notwithstanding, authorize and license the establishment, operation, and maintenance of cockpits, and regulate cockfighting and commercial breeding of gamecocks: Provided, That existing rights should not be prejudiced; (vi) Subject to the guidelines prescribed by the Department of Transportation and Communications, regulate the operation of tricycles and grant franchises for the operation

CA VE AT:

- 40 thereof within the territorial jurisdiction of the municipality; (vii) Upon approval by a majority vote of all the members of the sangguniang bayan, grant a franchise to any person, partnership, corporation, or cooperative to establish, construct, operate and maintain ferries, wharves, markets or slaughterhouses, or such other similar activities within the municipality as may be allowed by applicable laws: Provided, That, cooperatives shall be given preference in the grant of such a franchise. (4) Regulate activities relative to the use of land, buildings and structures within the municipality in order to promote the general welfare and for said purpose shall: (i) Declare, prevent or abate any nuisance; (ii) Require that buildings and the premises thereof and any land within the municipality be kept and maintained in a sanitary condition; impose penalties for any violation thereof, or upon failure to comply with said requirement, have the work done and require the owner, administrator or tenant concerned to pay the expenses of the same; or require the filling up of any land or premises to a grade necessary for proper sanitation; (iii) Regulate the disposal of clinical and other wastes from hospitals, clinics and other similar establishments; (iv) Regulate the establishment, operation and maintenance of cafes, restaurants, beerhouses, hotels, motels, inns, pension houses, lodging houses, and other similar establishments, including tourist guides and transports; (v) Regulate the sale, giving away or dispensing of any intoxicating malt, vino, mixed or fermented liquors at any retail outlet; (vi) Regulate the establishment and provide for the inspection of steam boilers or any heating device in buildings and the storage of inflammable and highly combustible materials within the municipality; (vii) Regulate the establishment, operation, and mainte nance of entertainment or amusement facilities, including theatrical performances, circuses, billiard pools, public dancing schools, public dance halls, sauna baths, massage parlors, and other places of entertainment or amusement; regulate such other events or activities for amusement or entertainment, particularly those which tend to disturb the community or annoy the inhabitants, or require the suspension or suppression of the same; or, prohibit certain forms of amusement or entertainment in order to protect the social and moral welfare of the community; (viii) Provide for the impounding of stray animals; regulate the keeping of animals in homes or as

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER part of a business, and the slaughter, sale or disposition of the same; and adopt measures to prevent and penalize cruelty to animals; and (ix) Regulate the establishment, operation, and maintenance of funeral parlors and the burial or cremation of the dead, subject to existing laws, rules and regulations. (5) Approve ordinances which shall ensure the efficient and effective delivery of the basic services and facilities as provided for under Section 17 of this Code, and in addition to said services and facilities, shall: (i) Provide for the establishment, maintenance, protection, and conservation of communal forests and water sheds, tree parks, greenbelts, mangroves, and other similar forest development projects; (ii) Establish markets, slaughterhouses or animal corrals and authorize the operation thereof, and regulate the construction and operation of private markets, talipapas or other similar buildings and structures; (iii) Authorize the establishment, maintenance and operation of ferries, wharves, and other structures, and marine and seashore or offshore activities intended to accelerate productivity; (iv) Regulate the preparation and sale of meat, poultry, fish, vegetables, fruits, fresh dairy products, and other foodstuffs for public consumption; (v) Regulate the use of streets, avenues, alleys, sidewalks, bridges, parks and other public places and approve the construction, improvement, repair and maintenance of the same; establish bus and vehicle stops and terminals or regulate the use of the same by privately-owned vehicles which serve the public; regulate garages and the operation of conveyances for hire; designate stands to be occupied by public vehicles when not in use; regulate the putting up of signs, signposts, awnings and awning posts on the streets; and provide for the lighting, cleaning and sprinkling of streets and public places; (vi) Regulate traffic on all streets and bridges, prohibit the putting up of encroachments or obstacles thereon, and, when necessary in the interest of public welfare, authorize the removal of encroachments and illegal constructions in public places; (vii) Subject to existing laws, provide for the establishment, operation, maintenance, and repair of an efficient waterworks system to supply water for the inhabitants; regulate the construction, maintenance, repair and use of hydrants, pumps, cisterns and reservoirs; protect the purity and quantity of the water supply of the municipality and, for this purpose, extend the coverage of appropriate ordinances

CA VE AT:

(viii)

(ix)

(x)

(xi)

(xii) (xiii)

(xiv)

- 41 over all territory within the drainage area of said water supply and within one hundred (100) meters of the reservoir, conduit, canal, aqueduct, pumping station, or watershed used in connection with the water service; and regulate the consumption, use or wastage of water; Regulate the drilling and excavation of the ground for the laying of water, gas, sewer, and other pipes and the construction, repair and maintenance of public drains, sewers, cesspools, tunnels and similar structures; regulate the placing of poles and the use of crosswalks, curbs, and gutters; adopt measures to ensure public safety against open canals, manholes, live wires and other similar hazards to life and property; and, regulate the construction and use of private water closets, privies and other similar structures in buildings and homes; Regulate the placing, stringing, attaching, installing, repair and construction of all gas mains, electric, telegraph and telephone wires, conduits, meters and other apparatus; and, provide for the correction, condemnation or removal of the same when found to be dangerous, defective or otherwise hazardous to the welfare of the inhabitants; Subject to the availability of funds and to existing laws, rules and regulations, establish and provide for the operation of vocational and technical schools and similar post-secondary institutions and, with the approval of the Department of Education, Culture and Sports, fix and collect reasonable fees and other school charges on said institutions, subject to existing laws on tuition fees; Establish a scholarship fund for poor but deserving students residing within the municipality in schools located within its jurisdiction; Approve measures and adopt quarantine regulations to prevent the introduction and spread of diseases; Provide for an efficient and effective system of solid waste and garbage collection and disposal and prohibit littering and the placing or throwing of garbage, refuse and other filth and wastes; Provide for the care of paupers, the aged, the sick, persons of unsound mind, disabled persons, abandoned minors, juvenile delinquents, drug dependents, abused children and other needy and disadvantaged persons, particularly children and youth below eighteen (18) years of age and, subject to availability of funds, establish and provide for the operation of centers and facilities for said needy and disadvantaged persons;

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER (xv)

Establish and provide for the maintenance and improvement of jails and detention centers, institute sound jail management programs, and appropriate funds for the subsistence of detainees and convicted prisoners in the municipality; (xvi) Establish a municipal council whose purpose is the promotion of culture and the arts, coordinate with government agencies and nongovernmental organizations and, subject to the availability of funds, appropriate funds for the support and development of the same; and (xvii) Establish a municipal council for the elderly which shall formulate policies and adopt measures mutually beneficial to the elderly and to the community; provide incentives for nongovernmental agencies and entities and, subject to the availability of funds, appropriate funds to support programs and projects for the benefit of the elderly; and (6) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance. (b) The members of the sangguniang bayan shall receive a minimum monthly compensation corresponding to Salary Grade twenty-four (24) as prescribed under R.A. 6758 and the implementing guidelines issued pursuant thereto: Provided, That, in municipalities in the Metropolitan Manila Area and other metropolitan political subdivisions, members of the sangguniang bayan shall receive a minimum monthly compensation corresponding to Salary grade twenty-five (25). Sangguniang Panlungsod Sec458, LGC: Powers, Duties, Functions and Compensation. – (a) The sangguniang panlungsod, as the legislative body of the city, shall enact ordinances, approve resolutions and appropriate funds for the general welfare of the city and its inhabitants pursuant to Section 16 of this Code and in the proper exercise of the corporate powers of the city as provided for under Section 22 of this Code, and shall: (1) Approve ordinances and pass resolutions necessary for an efficient and effective city government, and in this connection, shall: (i) Review all ordinances approved by the sangguniang barangay and executive orders issued by the punong barangay to determine whether these are within the scope of the prescribed powers of the sanggunian and of the punong barangay; (ii) Maintain peace and order by enacting measures to prevent and suppress lawlessness, disorder, riot, violence, rebellion or sedition and impose penalties for the violation of said ordinances;

(iii)

CA VE AT:

Approve ordinances imposing a fine not exceeding Five thousand pesos (P5,000.00) or an imprisonment for a period not exceeding one (1) year, or both in the discretion of the court, for the violation of a city ordinance;

(iv)

(v)

(vi)

(vii) (viii)

(ix)

(x)

(xi)

- 42 Adopt measures to protect the inhabitants of the city from the harmful effects of man-made or natural disasters and calamities, and to provide relief services and assistance for victims during and in the aftermath of said disasters or calamities and their return to productive livelihood following said events; Enact ordinances intended to prevent, suppress and impose appropriate penalties for habitual drunkenness in public places, vagrancy, mendicancy, prostitution, establishment and maintenance of houses of ill repute, gambling and other prohibited games of chance, fraudulent devices and ways to obtain money or property, drug addiction, maintenance of drug dens, drug pushing, juvenile delinquency, the printing, distribution or exhibition of obscene or pornographic materials or publications, and such other activities inimical to the welfare and morals of the inhabitants of the city; Protect the environment and impose appropriate penalties for acts which endanger the environment, such as dynamite fishing and other forms of destructive fishing, illegal logging and smuggling of logs, smuggling of natural resources products and of endangered species of flora and fauna, slash and burn farming, and such other activities which result in pollution, acceleration of eutrophication of rivers and lakes, or of ecological imbalance; Subject to the provisions of this Code and pertinent laws, determine the powers and duties of officials and employees of the city; Determine the positions and the salaries, wages, allowances and other emoluments and benefits of officials and employees paid wholly or mainly from city funds and provide for expenditures necessary for the proper conduct of programs, projects, services, and activities of the city government; Authorize the payment of compensation to a qualified person not in the government service who fills up a temporary vacancy or grant honorarium to any qualified official or employee designated to fill a temporary vacancy in a concurrent capacity, at the rate authorized by law; Provide a mechanism and the appropriate funds therefor, to ensure the safety and protection of all city government property, public documents, or records such as those relating to property inventory, land ownership, records of births, marriages, deaths, assessments, taxation, accounts, business permits, and such other records and documents of public interest in the offices and departments of the city government; When the finances of the city government allow, provide for additional allowances and other benefits to judges, prosecutors, public elementary

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER and high school teachers, and other national government officials stationed in or assigned to the city; (xii) Provide legal assistance to barangay officials who, in the performance of their official duties or on the occasion thereof, have to initiate judicial proceedings or defend themselves against legal action; and (xiii) Provide for group insurance or additional insurance coverage for all barangay officials, including members of barangay tanod brigades and other service units, with public or private insurance companies, when the finances of the city government allow said coverage; (2) Generate and maximize the use of resources and revenues for the development plans, program objectives and priorities of the city as provided for under Section 18 of this Code, with particular attention to agro-industrial development and city-wide growth and progress, and relative thereto, shall: (i) Approve the annual and supplemental budgets of the city government and appropriate funds for specific programs, projects, services and activities of the city, or for other purposes not contrary to law, in order to promote the general welfare of the city and its inhabitants; (ii) Subject to the provisions of Book II of this Code and applicable laws and upon the majority vote of all the members of the sangguniang panlungsod, enact ordinances levying taxes, fees and charges, prescribing the rates thereof for general and specific purposes, and granting tax exemptions, incentives or reliefs; (iii) Subject to the provisions of Book II of this Code and upon the majority vote of all the members of the sangguniang panlungsod, authorize the city mayor to negotiate and contract loans and other forms of indebtedness; (iv) Subject to the provisions of Book II of this Code and applicable laws and upon the majority vote of all the members of the sangguniang panlungsod, enact ordinances authorizing the floating of bonds or other instruments of indebtedness, for the purpose of raising funds to finance development projects; (v) Appropriate funds for the construction and maintenance or the rental of buildings for the use of the city; and, upon the majority vote of all the members of the sangguniang panlungsod, authorize the city mayor to lease to private parties such public buildings held in a proprietary capacity, subject to existing laws, rules and regulations; (vi) Prescribe reasonable limits and restraints on the use of property within the jurisdiction of the city; (vii) Adopt a comprehensive land use plan for the city: Provided, That in the case of component cities, the formulation, adoption or modification of said

CA VE AT:

- 43 plan shall be in coordination with the approved provincial comprehensive land use plan; (viii) Reclassify land within the jurisdiction of the city, subject to the pertinent provisions of this Code; (ix) Enact integrated zoning ordinances in consonance with the approved comprehensive land use plan, subject to existing laws, rules and regulations; establish fire limits or zones, particularly in populous centers; and regulate the construction, repair or modification of buildings within said fire limits or zones in accordance with the provisions of the Fire Code; (x) Subject to national law, process and approve subdivision plans for residential, commercial, or industrial purposes and other development purposes, and to collect processing fees and other charges, the proceeds of which shall accrue entirely to the city: Provided, however, That where approval of a national agency or office is required, said approval shall not be withheld for more than thirty (30) days from receipt of the application. Failure to act on the application within the period stated above shall be deemed as approval thereof; (xi) Subject to the provisions of Book II of this Code, grant the exclusive privilege of constructing fish corrals or fish pens, or the taking or catching of bangus fry, prawn fry or kawag-kawag, or fry of any species or fish within the city waters; (xii) With the concurrence of at least two-thirds (2/3) of all the members of the sangguniang panlungsod, grant tax exemptions, incentives or reliefs to entities engaged in community growthinducing industries, subject to the provisions of Chapter 5, Title I, Book II of this Code; (xiii) Grant loans or provide grants to other local government units or to national, provincial, and city charitable, benevolent or educational institutions: Provided, That, said institutions are operated and maintained within the city; (xiv) Regulate the numbering of residential, commercial and other buildings; and, (xv) Regulate the inspection, weighing and measuring of articles of commerce. (3) Subject to the provisions of Book II of this Code, enact ordinances granting franchises and authorizing the issuance of permits or licenses, upon such conditions and for such purposes intended to promote the general welfare of the inhabitants of the city and pursuant to this legislative authority shall: (i) Fix and impose reasonable fees and charges for all services rendered by the city government to private persons or entities; (ii) Regulate or fix license fees for any business or practice of profession within the city and the conditions under which the license for said business or practice of profession may be

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER revoked and enact ordinances levying taxes thereon; (iii) Provide for and set the terms and conditions under which public utilities owned by the city shall be operated by the city government, and prescribe the conditions under which the same may be leased to private persons or entities, preferably cooperatives; (iv) Regulate the display of and fix the license fees for signs, signboards, or billboards at the place or places where the profession or business advertised thereby is, in whole or in part, conducted; (v) Any law to the contrary notwithstanding, authorize and license the establishment, operation, and maintenance of cockpits, and regulate cockfighting and commercial breeding of gamecocks: Provided, That existing rights should not be prejudiced; (vi) Subject to the guidelines prescribed by the DOTC, regulate the operation of tricycles and grant franchises for the operation thereof within the territorial jurisdiction of the city; (vii) Upon approval by a majority vote of all the members of the sangguniang panlungsod: grant a franchise to any person, partnership, corporation, or cooperative to do business within the city; establish, construct, operate and maintain ferries, wharves, markets or slaughterhouses; or undertake such other activities within the city as may be allowed by existing laws: Provided, That, cooperatives shall be given preference in the grant of such a franchise. (4) Regulate activities relative to the use of land, buildings and structures within the city in order to promote the general welfare and for said purpose shall: (i) Declare, prevent or abate any nuisance; (ii) Require that buildings and the premises thereof and any land within the city be kept and maintained in a sanitary condition; impose penalties for any violation thereof; or, upon failure to comply with said requirement, have the work done at the expense of the owner, administrator or tenant concerned; or require the filling up of any land or premises to a grade necessary for proper sanitation; (iii) Regulate the disposal of clinical and other wastes from hospitals, clinics and other similar establishments; (iv) Regulate the establishment, operation and cafes, restaurants, beerhouses, hotels, motels, inns, pension houses, lodging houses, and other similar establishments, including tourist guides and transports; (v) Regulate the sale, giving away or dispensing of any intoxicating malt, vino, mixed or fermented liquors at any retail outlet;

CA VE AT:

- 44 Regulate the establishment and provide for the inspection of steam boilers or any heating device in buildings and the storage of inflammable and highly combustible materials within the city; (vii) Regulate the establishment, operation, and maintenance of any entertainment or amusement facilities, including theatrical performances, circuses, billiard pools, public dancing schools, public dance halls, sauna baths, massage parlors, and other places for entertainment or amusement; regulate such other events or activities for amusement or entertainment, particularly those which tend to disturb the community or annoy the inhabitants, or require the suspension or suppression of the same; or, prohibit certain forms of amusement or entertainment in order to protect the social and moral welfare of the community; (viii) Provide for the impounding of stray animals; regulate the keeping of animals in homes or as part of a business, and the slaughter, sale or disposition of the same; and adopt measures to prevent and penalize cruelty to animals; and, (ix) Regulate the establishment, operation and maintenance of funeral parlors and the burial or cremation of the dead, subject to existing laws, rules and regulations. (5) Approve ordinances which shall ensure the efficient and effective delivery of the basic services and facilities as provided for under Section 17 of this Code, and in addition to said services and facilities, shall: (i) Provide for the establishment, maintenance, protection, and conservation of communal forests and water sheds, tree parks, greenbelts, mangroves, and other similar forest development projects; (ii) Establish markets, slaughterhouses or animal corrals and authorize the operation thereof by the city government; and regulate the construction and operation of private markets, talipapas or other similar buildings and structures; (iii) Authorize the establishment, maintenance and operation by the city government of ferries, wharves, and other structures intended to accelerate productivity related to marine and seashore or offshore activities; (iv) Regulate the preparation and sale of meat, poultry, fish, vegetables, fruits, fresh dairy products, and other foodstuffs for public consumption; (v) Regulate the use of streets, avenues, alleys, sidewalks, bridges, parks and other public places and approve the construction, improvement, repair and maintenance of the same; establish bus and vehicle stops and terminals or regulate the use of the same by privately-owned vehicles which serve the public; regulate garages and the operation of conveyances for hire; designate (vi)

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER

(vi)

(vii)

(viii)

(ix)

(x)

CA VE AT:

stands to be occupied by public vehicles when not in use; regulate the putting up of signs, signposts, awnings and awning posts on the streets; and provide for the lighting, cleaning and sprinkling of streets and public places; Regulate traffic on all streets and bridges; prohibit encroachments or obstacles thereon and, when necessary in the interest of public welfare, authorize the removal of encroachments and illegal constructions in public places; Subject to existing laws, establish and provide for the maintenance, repair and operation of an efficient waterworks system to supply water for the inhabitants and to purify the source of the water supply; regulate the construction, maintenance, repair and use of hydrants, pumps, cisterns and reservoirs; protect the purity and quantity of the water supply of the city and, for this purpose, extend the coverage of appropriate ordinances over all territory within the drainage area of said water supply and within one hundred (100) meters of the reservoir, conduit, canal, aqueduct, pumping station, or watershed used in connection with the water service; and regulate the consumption, use or wastage of water and fix and collect charges therefor; Regulate the drilling and excavation of the ground for the laying of water, gas, sewer, and other pipes and the construction, repair and maintenance of public drains, sewers, cesspools, tunnels and similar structures; regulate the placing of poles and the use of crosswalks, curbs, and gutters; adopt measures to ensure public safety against open canals, manholes, live wires and other similar hazards to life and property; and regulate the construction and use of private water closets, privies and other similar structures in buildings and homes; Regulate the placing, stringing, attaching, installing, repair and construction of all gas mains, electric, telegraph and telephone wires, conduits, meters and other apparatus; and provide for the correction, condemnation or removal of the same when found to be dangerous, defective, or otherwise hazardous to the welfare of the inhabitants; Subject to the availability of funds and to existing laws, rules and regulations, establish and provide for the operation of vocational and technical schools and similar post-secondary institutions and, with the approval of the Department of Education, Culture and Sports and subject to existing law on tuition fees, fix and collect reasonable tuition fees and other school charges in educational institutions supported by the city government;

- 45 Establish a scholarship fund for the poor but deserving students in schools located within its jurisdiction or for students residing within the city; (xii) Approve measures and adopt quarantine regulations to prevent the introduction and spread of diseases; (xiii) Provide for an efficient and effective system of solid waste and garbage collection and disposal; prohibit littering and the placing or throwing of garbage, refuse and other filth and wastes; (xiv) Provide for the care of disabled persons, paupers, the aged, the sick, persons of unsound mind, abandoned minors, juvenile delinquents, drug dependents, abused children and other needy and disadvantaged persons, particularly children and youth below eighteen (18) years of age; and, subject to availability of funds, establish and provide for the operation of centers and facilities for said needy and disadvantaged persons; (xv) Establish and provide for the maintenance and improvement of jails and detention centers, institute a sound jail management, and appropriate funds for the subsistence of detainees and convicted prisoners in the city; (xvi) Establish a City council whose purpose is the promotion of culture and the arts, coordinate with government agencies and non-governmental organizations and, subject to the availability of funds, appropriate funds for the support and development of the same; and (xvii) Establish a City council for the elderly which shall formulate policies and adopt measures mutually beneficial to the elderly and to the community; provide incentives for non-governmental agencies and entities and, subject to the availability of funds, appropriate funds to support programs and projects for the benefit of the elderly; and (6) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance. (b) The members of the sangguniang panlungsod of component cities shall receive a minimum monthly compensation corresponding to Salary Grade twenty-five (25) and members of the sangguniang panlungsod of highly- urbanized cities shall receive a minimum monthly compensation corresponding to Salary Grade twenty-seven (27), as prescribed under R.A. 6758 and the implementing guidelines issued pursuant thereto. (xi)

Sangguniang Panlalawigan Sec468, LGC: Powers, Duties, Functions and Compensation. – (a) The sangguniang panlalawigan, as the legislative body of the province, shall enact ordinances, approve resolutions and appropriate funds for the general welfare of the province and its inhabitants pursuant to Section 16 of this Code and in the proper exercise of the corporate powers of the province as provided for under Section 22 of this Code, and shall:

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER (1)

Approve ordinances and pass resolutions necessary for an efficient and effective provincial government and, in this connection, shall: (i) Review all ordinances approved by the sanggunians of component cities and municipalities and executive orders issued by the mayors of said component units to determine whether these are within the scope of the prescribed powers of the sanggunian and of the mayor; (ii) Maintain peace and order by enacting measures to prevent and suppress lawlessness, disorder, riot, violence, rebellion or sedition and impose penalties for the violation of said ordinances;

(iii)

(iv)

(v)

(vi)

(vii) (viii)

CA VE AT:

Approve ordinances imposing a fine not exceeding Five thousand pesos (P=5,000.00) or imprisonment not exceeding one (1) year, or both in the discretion of the court, for the violation of a provincial ordinance; Adopt measures to protect the inhabitants of the province from the harmful effects of man-made or natural disasters and calamities, and to provide relief services and assistance for victims during and in the aftermath of said disasters and calamities and their return to productive livelihood following said events; Enact ordinances intended to prevent, suppress and impose appropriate penalties for habitual drunkenness in public places, vagrancy, mendicancy, prostitution, establishment and maintenance of houses of ill repute, gambling and other prohibited games of chance, fraudulent devices and ways to obtain money or property, drug addiction, maintenance of drug dens, drug pushing, juvenile delinquency, the printing, distribution or exhibition of obscene or pornographic materials or publications, and such other activities inimical to the welfare and morals of the inhabitants of the province; Protect the environment and impose appropriate penalties for acts which endanger the environment, such as dynamite fishing and other forms of destructive fishing, illegal logging and smuggling of logs, smuggling of natural resources products and of endangered species of flora and fauna, slash and burn farming, and such other activities which result in pollution, acceleration of eutrophication of rivers and lakes, or of ecological imbalance; Subject to the provisions of this Code and pertinent laws, determine the powers and duties of officials and employees of the province; Determine the positions and the salaries, wages, allowances and other emoluments and benefits of officials and employees paid wholly or mainly from provincial funds and provide for expenditures necessary for the proper conduct of programs,

- 46 projects, services, and activities of the provincial government; (ix) Authorize the payment of compensation to a qualified person not in the government service who fills up a temporary vacancy, or grant honorarium to any qualified official or employee designated to fill a temporary vacancy in a concurrent capacity, at the rate authorized by law; (x) Provide a mechanism and the appropriate funds therefor, to ensure the safety and protection of all provincial government property, public documents, or records such as those relating to property inventory, land ownership, records of births, marriages, deaths, assessments, taxation, accounts, business permits, and such other records and documents of public interest in the offices and departments of the provincial government; and (xi) When the finances of the provincial government allow, provide for additional allowances and other benefits to judges, prosecutors, public elementary and high school teachers, and other national government officials stationed or assigned to the province. (2) Generate and maximize the use of resources and revenues for the development plans, program objectives and priorities of the province as provided for under Section 18 of this Code, with particular attention to agroindustrial development and country-wide growth and progress and relative thereto, shall: (i) Enact the annual and supplemental appropriations of the provincial government and appropriate funds for specific programs, projects, services and activities of the province, or for other purposes not contrary to law, in order to promote the general welfare of the province and its inhabitants; (ii) Subject to the provisions of Book II of this Code and applicable laws and upon the majority vote of all the members of the sangguniang panlalawigan, enact ordinances levying taxes, fees and charges, prescribing the rates thereof for general and specific purposes, and granting tax exemptions, incentives or reliefs; (iii) Subject to the provisions of Book II of this Code and applicable laws and upon the majority vote of all the members of the sangguniang panlalawigan, authorize the provincial governor to negotiate and contract loans and other forms of indebtedness; (iv) Subject to the provisions of Book II of this Code and applicable laws and upon the majority vote of all the members of the sangguniang panlalawigan, enact ordinances authorizing the floating of bonds or other instruments of indebtedness, for the purpose of raising funds to finance development projects;

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER (v)

Appropriate funds for the construction and maintenance or the rental of buildings for the use of the province; and upon the majority vote of all the members of the sangguniang panlalawigan, authorize the provincial governor to lease to private parties such public buildings held in a proprietary capacity, subject to existing laws, rules and regulations; (vi) Prescribe reasonable limits and restraints on the use of property within the jurisdiction of the province; (vii) Review the comprehensive land use plans and zoning ordinances of component cities and municipalities and adopt a comprehensive provincial land use plan, subject to existing laws; and (viii) Adopt measures to enhance the full implementation of the national agrarian reform program in coordination with the Department of Agrarian Reform; (3) Subject to the provisions of Book II of this Code, grant franchises, approve the issuance of permits or licenses, or enact ordinances levying taxes, fees and charges upon such conditions and for such purposes intended to promote the general welfare of the inhabitants of the province, and pursuant to this legislative authority, shall: (i) Fix and impose reasonable fees and charges for all services rendered by the provincial government to private persons or entities; and (ii) Regulate and fix the license fees for such activities as provided for under this Code. (4) Approve ordinances which shall ensure the efficient and effective delivery of the basic services and facilities as provided for under Section 17 of this Code, and, in addition to said services and facilities, shall: (i) Adopt measures and safeguards against pollution and for the preservation of the natural ecosystem in the province, in consonance with approved standards on human settlements and environmental sanitation; (ii) Subject to applicable laws, facilitate or provide for the establishment and maintenance of a waterworks system or district waterworks for supplying water to inhabitants of component cities and municipalities; (iii) Subject to the availability of funds and to existing laws, rules and regulations, provide for the establishment and operation of vocational and technical schools and similar post-secondary institutions; and, with the approval of the Department of Education, Culture and Sports and subject to existing laws on tuition fees, fix reasonable tuition fees and other school charges in educational institutions supported by the provincial government; (iv) Establish a scholarship fund for the poor but deserving students in schools located within its

CA VE AT:

- 47 jurisdiction or for students residing within the province; (v) Approve measures and adopt quarantine regulations to prevent the introduction and spread of diseases within its territorial jurisdiction; (vi) Provide for the care of paupers, the aged, the sick, persons of unsound mind, abandoned minors, abused children, disabled persons, juvenile delinquents, drug dependents, and other needy and disadvantaged persons, particularly children and youth below eighteen (18) years of age; subject to availability of funds, establish and support the operation of centers and facilities for said needy and disadvantaged persons; and facilitate efforts to promote the welfare of families below the poverty threshold, the disadvantaged, and the exploited; (vii) Establish and provide for the maintenance and improvement of jails and detention centers, institute a sound jail management program, and appropriate funds for the subsistence of detainees and convicted prisoners in the province; (viii) Establish a provincial council whose purpose is the promotion of culture and the arts, coordinate with government agencies and non-governmental organizations and, subject to the availability of funds, appropriate funds for the support and development of the same; (ix) Establish a provincial council for the elderly which shall formulate policies and adopt measures mutually beneficial to the elderly and to the province; and subject to the availability of funds, appropriate funds to support programs and projects for the elderly; and provide incentives for non- governmental agencies and entities to support the programs and projects of the elderly; and (5) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance. (b) The members of the sangguniang panlalawigan shall receive a minimum monthly compensation corresponding to Salary Grade twenty-seven (27) as prescribed under R.A. 6758 and the implementing guidelines issued pursuant thereto.

RA8369: An Act Establishing Family Courts, Granting Them Exclusive Original Jurisdiction Over Child And Family Cases, Amending Batas Pambansa Bilang 129, As Amended, Otherwise Known As The Judiciary Reorganization Act Of 1980, Appropriating Funds Therefor And For Other Purposes Sec8: Supervision of Youth Detention Homes. — The judge of the Family Court shall have direct control and supervision of the youth detention home which the local government unit shall establish to separate the youth offenders from the adult criminals: Provided, however, That alternatives to detention and

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER institutional care shall be made available to the accused including counseling, recognizance, bail, community continuum, or diversions from the justice system: Provided, further, That the human rights of the accused are fully respected in a manner appropriate to their well-being. Sec11: Alternative Social Services. — In accordance with Section 17 of this Act, in areas where no Family Court has been established or no Regional Trial Court was designated by the Supreme Court due to the limited number of cases, the DSWD shall designate and assign qualified, trained, and DSWD accredited social workers of the local government units to handle juvenile and family cases filed in the designated Regional Trial Court of the place.

RA8425: An Act Institutionalizing The Social Reform And Poverty Alleviation Program, Creating For The Purpose The National Anti-Poverty Commission, Defining Its Powers And Functions, And For Other Purposes Sec12: The Role of Local Government Units (LGUs). — The local government units, through the local development councils of the province, city, municipality, or barangay shall be responsible for the formulation, implementation, monitoring and evaluation of the National Anti-Poverty Action Agenda in their respective jurisdictions. The LGUs shall: (a) Identify the poor in their respective areas based on indicators such as the minimum basic needs approach and the human development index, their location, occupation, nature of employment, and their primary resource base and formulate a provincial/city/municipality anti-poverty action agenda; (b) Identify and source funding for specific social reform and poverty alleviation projects; (c) Coordinate, monitor and evaluate the efforts of local government units with the private sector on planning and implementation of the local action program for social reform and poverty alleviation; and (d) Coordinate and submit progress reports to the National AntiPoverty Commission regarding their local action programs. Nothing in this Act shall be construed as diminishing the powers granted to the local government units under the Local Government Code.

RA8435: An Act Prescribing Urgent Related Measures To Modernize The Agriculture And Fisheries Sectors Of The Country In Order To Enhance Their Profitability, And Prepare Said Sectors For The Challenges Of Globalization Through An Adequate, Focused And Rational Delivery Of Necessary Support Services, Appropriating Funds Therefor And For Other Purposes Sec90: The Role of Local Government Units. — The LGUs shall be responsible for delivering direct agriculture and fisheries extension services.

CA VE AT:

- 48 The provincial governments shall integrate the operations for the agriculture extension services and shall undertake an annual evaluation of all municipal extension programs. The extension program of state colleges and universities shall primarily focus on the improvement of the capability of the LGU extension service by providing: a) Degree and non-degree training programs; b) Technical assistance; c) Extension cum research activities; d) Monitoring and evaluation of LGU extension projects; and e) Information support services through the tri-media and electronics.

Sec99: Participation of Government Agencies. — The replication of the program shall be the responsibility of the local government units concerned in collaboration with the appropriate government agencies, and the private sector. The local government units shall bear the costs of promoting and monitoring the basic needs program for which their IRA shall be increased accordingly as recommended by the Secretary of the Department: Provided, That the appropriate national government agencies shall continue to provide the necessary technical as well as financial assistance to the LGUs in the replication of the program. The Cooperatives Development Authority shall encourage the establishment and growth of associations and cooperatives as vehicles for the stable expansion of basic needs enterprises. The Department of Education, Culture and Sports, Department of Health, and the Technical Education and Skills Development Authority shall coordinate with the Department and Congress in the review, rationalization and reallocation of their regular budgets as well as their budgets under the GATT-related measures fund to finance education, training, health and other welfare services for farmers and fisherfolk. Sec101: Role of Government Agencies. — The appropriate government agencies, under the leadership of the LGUs concerned, shall provide integrated services and information to prospective enterprises under the one-stop-shop concept. Local government units are authorized to undertake investment and marketing missions provided that the costs of such missions are borne by the LGUs concerned. In making their land use plans, the LGUs, in consultation with the appropriate government agencies concerned, shall identify areas for industrial parks. The Department shall coordinate with the Department of Trade and Industry, in particular, the Board of Investments, in the formulation of investment priorities for rural areas. The Regional Wage Boards shall consult participating enterprises in this program before they issue wage orders.

RA8550: An Act Providing For The Development, Management And Conservation Of The Fisheries And Aquatic Resources, Integrating All Laws Pertinent Thereto, And For Other Purposes

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Sec16: Jurisdiction of Municipal/City Government. — The municipal/city government shall have jurisdiction over municipal waters as defined in this Code. The municipal/city government, in consultation with the FARMC shall be responsible for the management, conservation, development, protection, utilization, and disposition of all fish and fishery/aquatic resources within their respective municipal waters. The municipal/city government may, in consultation with the FARMC, enact appropriate ordinances for this purpose and in accordance with the National Fisheries Policy. The ordinances enacted by the municipality and component city shall be reviewed pursuant to Republic Act No. 7160 by the sanggunian of the province which has jurisdiction over the same. The LGUs shall also enforce all fishery laws, rules and regulations as well as valid fishery ordinances enacted by the municipal/city council. The management of contiguous fishery resources such as bays which straddle several municipalities, cities or provinces, shall be done in an integrated manner, and shall not be based on political subdivisions of municipal waters in order to facilitate their management as single resource systems. The LGUs which share or border such resources may group themselves and coordinate with each other to achieve the objectives of integrated fishery resource management. The Integrated Fisheries and Aquatic Resources Management Councils (FARMCs) established under Section 76 of this Code shall serve as the venues for close collaboration among LGUs in the management of contiguous resources. Sec17: Grant of Fishing Privileges in Municipal Waters. — The duly registered fisherfolk organizations/cooperatives shall have preference in the grant of fishery rights by the Municipal/City Council pursuant to Section 149 of the Local Government Code: Provided, That in areas where there are special agencies or offices vested with jurisdiction over municipal waters by virtue of special laws creating these agencies such as, but not limited to, the Laguna Lake Development Authority and the Palawan Council for Sustainable Development, said offices and agencies shall continue to grant permits for proper management and implementation of the aforementioned structures. Sec18: Users of Municipal Waters. — All fishery related activities in municipal waters, as defined in this Code, shall be utilized by municipal fisherfolk and their cooperatives/organizations who are listed as such in the registry of municipal fisherfolk. The municipal or city government, however, may, through its local chief executive and acting pursuant to an appropriate ordinance, authorize or permit small and medium commercial fishing vessels to operate within the ten point one (10.1) to fifteen (15) kilometer area from the shoreline in municipal waters as defined herein, provided, that all the following are met: a. no commercial fishing in municipal waters with depth less than seven (7) fathoms as certified by the appropriate agency; b. fishing activities utilizing methods and gears that are determined to be consistent with national policies set by the Department;

CA VE AT:

- 49 c. prior consultation, through public hearing, with the M/CFARMC has been conducted; and d. the applicant vessel as well as the shipowner, employer, captain and crew have been certified by the appropriate agency as not having violated this Code, environmental laws and related laws. In no case shall the authorization or permit mentioned above be granted for fishing in bays as determined by the Department to be in an environmentally critical condition and during closed season as provided for in Section 9 of this Code.

Sec19: Registry of Municipal Fisherfolk. — The LGU shall maintain a registry of municipal fisherfolk, who are fishing or may desire to fish in municipal waters for the purpose of determining priorities among them, of limiting entry into the municipal waters, and of monitoring fishing activities an/or other related purposes: Provided, That the FARMC shall submit to the LGU the list of priorities for its consideration. Such list or registry shall be updated annually or as may be necessary, and shall be posted in barangay halls or other strategic locations where it shall be open to public inspection, for the purpose of validating the correctness and completeness of the list. The LGU, in consultation with the FARMCs, shall formulate the necessary mechanisms for inclusion or exclusion procedures that shall be most beneficial to the resident municipal fisherfolk. The FARMCs may likewise recommend such mechanisms. The LGUs shall also maintain a registry of municipal fishing vessels by type of gear and other boat particulars with the assistance of the FARMC. Sec20: Fisherfolk Organizations and/or Cooperatives. — Fisherfolk organizations/cooperatives whose members are listed in the registry of municipal fisherfolk, may be granted use of demarcated fishery areas to engage in fish capture, mariculture and/or fish farming: Provided, however, That an organization/cooperative member whose household is already in possession of a fishery right other than for fish capture cannot enjoy the fishing rights granted to the organization or cooperative. Sec21: Priority of Resident Municipal Fisherfolk. — Resident municipal fisherfolk of the municipality concerned and their organizations/cooperatives shall have priority to exploit municipal and demarcated fishery areas of the said municipality. Sec22: Demarcated Fishery Right. — The LGU concerned shall grant demarcated fishery rights to fishery organizations/cooperatives for mariculture operation in specific areas identified by the Department. Sec23: Limited Entry Into Overfished Areas. — Whenever it is determined by the LGUs and the Department that a municipal water is overfished based on available data or information or in danger of being overfished, and that there is a need to regenerate the fishery resources in that water, the LGU shall prohibit or limit fishery activities in the said waters.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Sec24: Support to Municipal Fisherfolk. — The Department and the LGUs shall provide support to municipal fisherfolk through appropriate technology and research, credit, production and marketing assistance and other services such as, but not limited to training for additional/supplementary livelihood. Sec25: Rights and Privileges of Fishworkers. — The fishworkers shall be entitled to the privileges accorded to other workers under the Labor Code, Social Security System and other benefits under other laws or social legislation for workers: Provided, That fishworkers on board any fishing vessels engaged in fishing operations are hereby covered by the Philippine Labor Code, as amended.

RA8975: An Act To Ensure The Expeditious Implementation And Completion Of Government Infrastructure Projects By Prohibiting Lower Courts From Issuing Temporary Restraining Orders, Preliminary Injunctions Or Preliminary Mandatory Injunctions, Providing Penalties For Violations Thereof, And For Other Purposes Sec3: Prohibition on the Issuance of Temporary Restraining Orders, Preliminary Injunctions and Preliminary Mandatory Injunctions. — No court, except the Supreme Court, shall issue any temporary restraining order, preliminary injunction or preliminary mandatory injunction against the government, or any of its subdivisions, officials or any person or entity, whether public or private, acting under the government's direction, to restrain, prohibit or compel the following acts: (a) Acquisition, clearance and development of the right-of-way and/or site or location of any national government project; (b) Bidding or awarding of contract/project of the national government as defined under Section 2 hereof; (c) Commencement, prosecution, execution, implementation, operation of any such contract or project; (d) Termination or rescission of any such contract/project; and (e) The undertaking or authorization of any other lawful activity necessary for such contract/project. This prohibition shall apply in all cases, disputes or controversies instituted by a private party, including but not limited to cases filed by bidders or those claiming to have rights through such bidders involving such contract/project. This prohibition shall not apply when the matter is of extreme urgency involving a constitutional issue, such that unless a temporary restraining order is issued, grave injustice and irreparable injury will arise. The applicant shall file a bond, in an amount to be fixed by the court, which bond shall accrue in favor of the government if the court should finally decide that the applicant was not entitled to the relief sought. If after due hearing the court finds that the award of the contract is null and void, the court may, if appropriate under the circumstances, award the contract to the qualified and winning bidder or order a rebidding of the same, without prejudice to any liability that the guilty party may incur under existing laws. No Section 11 and 13. US vs. Salaveria (1918)

CA VE AT:

- 50 -

Facts: The municipal council of Orion, Bataan, enacted an ordinance which, prohibited the playing of panguingue on days not Sundays or legal holidays and penalized the violation by a casero (housekeeper) and by jugadores (gamblers). On an evening not a Sunday or legal holiday, 7 persons, including Salaveria, the justice of the peace of Orion and his wife were surprised by the police while indulging in a game of panguingue in the house of Salaveria. Convicted in the justice of the peace court and again in the CFI of Bataan, Salaveria appeals to the SC. Salaveria questioned among other things, the validity of the ordinance under which he was convicted. Held: Ordinance was valid If investigation was restricted to those portions of the Admin. Code which authorize a municipal council to prohibit and penalize gambling, there would exist grave doubt of the validity of Ordinance No. 3. However, the Philippine Legislature delegated to municipalities certain legislative powers of a discretionary nature. But in addition, and preceding both the specific powers of a mandatory and discretionary character, is the general power of a municipal council to enact ordinances and make regulations. It is this grant that the preamble of the ordinance of Orion assigns as authority for its enactment. Section 2184 of the Administrative Code of 1916, known as the general welfare clause, delegates in statutory form the police power to a municipality. This clause has been given wide application by municipal authorities and has in its relation to the particular circumstances of the case been liberally construed by the courts. It is a general rule that ordinances passed by virtue of the implied power found in the general welfare clause must be reasonable, consonant with the general powers and purposes of the corporation, and not inconsistent with the laws or policy of the State. Thus, although panguingue is not named in the general law on gambling, and although not entirely a game of chance, since it is a proper subject for regulation by municipal authorities acting under their delegated police power, whose laudable intention is to improve the public morals and promote the prosperity of their people, their action should be upheld by the courts. Ordinance No. 3 of Orion is found to be valid. Dissenting (J. Fisher): The ordinance in question is beyond the protection of the general welfare clause for 2 reasons: (1) It is unreasonably subversive of the liberty of the citizen and unnecessary and (2) the Legislature has spoken in well defined terms on the subject of gambling, and its pronouncement on the subject fills the field and precludes the possibility of stretching the authority delegated to municipalities into the right to repeal, modify or supplement existing legislation. Act No. 1757 very clearly defines the intention and will of the Legislature with regard to gambling. Its limitation of the prohibition is its refusal to prohibit games of skill and games in which no value is at stake. When the legislature authorized municipalities to penalize gambling, it was aiming at the vice of risking money upon the hazard of a game of chance. The Legislature has not

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER prohibited the playing of card games — in itself an innocent pastime — but the playing for money of games of hazard. When it delegated like power to municipalities it had a like object in view and no other. Equally untenable is the attempt to justify the statute under the "general welfare" clause. The prohibition by ordinance of the playing of certain card games as an amusement, without stake or wager, cannot be said to promote the health, safety, morals, peace, good order, comfort or convenience of the inhabitants of a municipality. The ordinance in question was intended to prevent gambling, but is not warranted by the delegated authority of municipal councils over this subject, because it is so drawn as to include harmless amusements not within the legislative definition of gambling.

Viray vs. Caloocan (1967) Facts: The Municipal Board of Caloocan City enacted an Ordinance providing for additional fees in private cemeteries. Pursuant to the ordinance, Viray, Cajote and Prieto, all residents of Manila, were charged by and actually paid to the City Treasurer of Caloocan “entrance fees” for the burial of their relatives in La Loma cemetery, a burial place not owned by the city government. Because the City Treasurer refused to refund the entrance fees paid, the 3 filed an action in the CFI against the city government, contesting the legality of the ordinance on the ground that it was a revenue-raising measure which is beyond the taxing authority of the city government to enact. The city government claimed that it was justified by the general grant of taxation to chartered cities by Republic Act 2264 or the Local Autonomy Act and as a valid exercise of police power. Held: Ordinance invalid Taken in its entirety, the ordinance is clear that what is being regulated through this ordinance is not the burying of the mortal remains of a person, but the exhumation and transfer of a cadaver — activities affecting corpses that had previously been buried. Although the ordinance which regulates the exhumation and/or transfer of corpses from other burial grounds to those located in Caloocan is within the legislative power of the city government to enact, the imposition of the transfer fees under the ordinance, on the interment of the respective dead relatives of appellants in the La Loma cemetery, was not justified. While sec. 2 of RA 2264 confers on chartered cities and municipalities "authority to impose municipal license taxes or fees upon persons engaged in any occupation or business, or exercising privileges in chartered cities or municipalities...by requiring them to secure licenses at rates fixed by the municipal board or city council," the city government has failed to show that the persons merely burying a cadaver in a private cemetery constitutes either an occupation or business or the exercise of privileges that would justify the imposition of taxes thereon within the terms and intent of the enabling act, the terms employed by the

CA VE AT:

- 51 statute in themselves denoting habituality or a repetition of acts, and not a solitary act. While assignment of police officers to insure that the funeral procession is orderly so as not to cause great and serious inconvenience to the public is called for by every funeral procession, there is no explanation why the ordinance should collect the prescribed fees solely in the case of cadavers coming from places outside the territory of Caloocan City for burial in private cemeteries within the City.

Balacuit vs. CFI (1988) Facts: This case questions the validity and constitutionality of an Ordinance No. 640 which penalizes anyone engaged in the business of selling admission tickets to any movie or other public exhibitions, games, contests or other performances and to require children between 7 and 12 years of age to pay half the cost for tickets intended for adults. Managers of 4 theaters sought to have the ordinance declared invalid since (1) it is an invalid exercise of police power and (2) and that the ordinance is not within the power of the Municipal Board to enact as provided for in the Butaun City Charter. Held: The city has no authority to enact the ordinance in question under its power to regulate embodied in Section 15(n). The power of regulation of public exhibitions and places of amusement within the city granted by the charter does not carry with it any authority to interfered with the price admission to such places or the resale of tickers or tokens of admission Even if the ordinance is based on its police power as delegated under the welfare clause, ordinance is invalid. The exrcise of police power requires: 1. that the interest of the public generally requires an interference with private rights and 2. the means adopted must be reasonably necessary for the accomplishment of the purpose and 3. not unduly oppressive upon individuals In the CAB, the was (1) no public necessity which demands the adopting of proper measures to secure the end sought to be attained by the enactment of the ordinance; (2) the means means adopted not reasonably necessary for the accomplishment of purpose and (3) ordinance is clearly unreasonable if not unduly oppressive upon the business of the petitioners. There is no no discernable relation between the ordinance and the promotion of public health, safety, morals and general welfare Gutierrez. Separate Opinion  police power is inherent in the State but not in municipal corporations  no rational basis for classifying children as a distinct group insofar as paying for admission into a moviehouse is concerned.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER

- 52 -

City Government of Quezon City vs. Ericta (1983) Binay vs. Domingo (1991) Facts: The Municipal Council of Makati issued a Resolution confirming and/or ratifying the ongoing burial assistance program initiated by the Office of the Mayor. The Metro Manila Commission (MMC) approved Resolution No. 60. Thereafter, the municipal secretary certified a disbursement fund of P400,000 for the implementation of the Burial Assistance Program. Resolution was then referred to the Commission on Audit (COA) for its expected allowance in audit. However, COA, after its preliminary findings, disapproved Resolution No. 60 and disallowed in audit the disbursement of funds for the implementation thereof. Mayor Binay filed two letters for reconsideration. COA denied both letters for reconsideration. Held: Resolution is a valid exercise of police power under the general welfare Clause Police power, which is an attribute of sovereignty, is inherent in the state but not in municipal corporations. Before a municipal corporation may exercise such power, there must be a valid delegation of such power of the state. Municipal governments exercise this power under the general welfare clause of BP337 (old LGC) – exercise powers expressly granted, necessarily implied, and necessary and proper to promote health & safety, etc. COA, in saying that there is no perceptible connection, tries to redefine the scope of police power by circumscribing its exercise to “public safety, general welfare, etc of the inhabitants of Makati.” The police power of a municipal corporation is: broad; extends to all the great public needs; in a broad sense includes all legislation and almost every function of the municipal government. Thus, it is deemed inadvisable to attempt to frame any definition which shall absolutely indicate the limits of police power. As regards COA’s additional objection, it shows that it is not attuned to the changing of times. Public purpose is not unconstitutional merely because it incidentally benefits a limited number of persons. The care for the poor is general recognized as a public duty. The support for the poor has long been an accepted exercise of police power in the promotion of common good. There is no violation of the equal protection clause in classifying paupers as subject of legislation. Paupers may be reasonably classified. BUT, this decision must not be taken as a precedent, or as an official go-signal for municipal governments to embark on philanthropic ORGY of inordinate dole-outs for motives political or otherwise.

CA VE AT:

Facts: QC passed an Ordinance regulating the establishment, maintenance & operation of private memorial type cemetery or burial ground within the jurisdiction of QC. §9 of the Ordinance provides that at least 6% of the total area of a memorial park cemetery shall be set aside for charity burial of deceased persons who are paupers & have been residents of QC for at least 5 yrs prior to their death. 7 yrs after the enactment of the Ordinance, the QC Council passed a resolution requesting the City Engineer to stop any further selling of memorial parks in QC where the owners have failed to donate the required 6% cemetery space. The City Engr notified Himlayang Pilipino, Inc. that the Ordinance would be enforced, so Himlayan filed a petition with the CFI seeking to annul §9 of the Ordinance. CFI declared §9 null and void. Motion for recon denied. Held: Ordinance not authorized under QC Charter and invalid exercise of police power An examination of the Charter does not reveal any provision that would justify the ordinance in question except the provision granting police power to the City. Police power is the most essential of govt powers, at times the most insistent, and always one of the least limitable of the powers of govt. It is usually exercised in the form of mere regulation or restriction in the use of liberty or property for the promotion of the general welfare. It does not involve the taking or confiscation of property with the exception of a few cases where there is necessity to confiscate private property in order to destroy it [not to devote it to public use] (i.e., in the case of confiscation of opium & firearms). HERE  §9 of the Ordinance is not a mere police regulation but an outright confiscation. It deprives a person of his private property w/o due process…even w/o compensation.

Tatel vs. Virac (1991) Facts: In 1966, complaints were received from the residents of barrio Sta. Elena against disturbance caused by operation of the abaca bailing machine inside the warehouse of Tatel. A committee was appointed by the municipal council of Virac to investigate on the matter The committee noted the crowded nature of the neighborhood with narrow roads and the surrounding residential houses so much so that accidental fire from the continued operations of the warehouse and storing of inflammable materials created danger to the lives and properties of the people. Based on this report, the Municipal Council of passed a Resolution declaring the warehouse a nuisance within purview of Art 694 of the Civil Code. Tatel's MR denied so Tatel instituted the present petition.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Held: Ordinance was a valid exercise of police power despite its fractured syntax. It is a settled principal of law that municipal corporations are agencies of the State for the promotion and maintenance of local self-government and as such are endowed with police powers in order to effectively accomplish and carry out the declared objects of their creation. Authority emanates from the general welfare clause under the Administrative Code: "The municipal council shall enact such ordinance and make such regulations, not repugnant to law, as may be necessary to carry into effect and discharge the powers and duties conferred upon it by law and such as shall seem necessary and proper to provide for the health and safety, promote the prosperity, improve the morals, peace, good order, comfort and convenience of the municipality and the inhabitants thereof, and for the protection of property therein." For an ordinance to be valid, it must not only be within the corporate powers of the municipality to enact but must also be passed according to the procedure prescribed by law, and must be in consonance with certain well established and basic principles of substantive nature: (i). must not contravene the Constitution or any statue (ii). must not be unfair or oppressive (iii). must not be partial or discriminatory (iv). must not prohibit but may regulate trade (v). must be general and consistent with public policy, and (vi). must not be unreasonable

Patalinghug vs. CA (1994) Facts: In 1982, SP of Davao City enacted an Ordinance known as the " Expanded Zoning Ordinace of Davao City" , Section 8 of which states: Section 8.USE REGULATIONS IN C-2 DISTRICTS (Shaded light red in the Expanded Zoning Map) A C -2 District shall be dominantly for commercial and compatible industrial uses as provided hereunder:

3.1 Funeral

Parlors/Memorial Homes with adequate off street parking space and provided that they shall be established not less than 50 meters from any residential structures, churches and other institutional buildings. Petitioner applied for certification of zoning compliance for the construction of a funeral parlor. Certification approved. Petitioner commenced construction. Several residents filed complaint that petitioner's funeral parlor violated Ordiance since it was allegedly within a 50-meter radius from the Iglesia ni Kristo chapel. SP found that the nearest residential structure owned by Wilfred Tepoot is only 8 inches to the south. Notwithstanding the finding, petitioner continued and finished the construction of the funeral parlor. Private respondents herein filed a case for the declaration of nullity

CA VE AT:

- 53 of building permit with the trial court. TC dismissed complaint.CA reverses. Held: Mr. Tepoot's building was commercial in nature; Hence Ordinance was not violated A tax declaration is not conclusive of the nature of the property for zoning purposes. A property may have been declared by its owner as residential for real estate taxation purposes but it may well be within a commercial zone. Even if we are to examine the evidentiary value of a tax declaration under the Real Property Tax Code, a tax declaration only enables the assessor to identify the same for assessment levels. In fact, a tax declaration does not bind a provincial/city assessor, for under Sec. 22 of the Real Estate Tax Code, appraisal and assessment are based on the actual use irrespective of "any previous assessment or taxpayer's valuation thereon," which is based on a taxpayer's declaration. The trial court's determination that Mr. Tepoot's building is commercial is strengthened by the fact that the Sangguniang Panlungsod has declared the questioned area as commercial or C2. Consequently, even if Tepoot's building was declared for taxation purposes as residential, once a local government has reclassified an area as commercial, that determination for zoning purposes must prevail. The declaration of the said area as a commercial zone through a municipal ordinance is an exercise of police power to promote the good order and general welfare of the people in the locality. Corollary thereto, the state, in order to promote the general welfare, may interfere with personal liberty, with property, and with business and occupations. Thus, persons may be subjected to certain kinds of restraints and burdens in order to secure the general welfare of the state and to this fundamental aim of government, the rights of the individual may be subordinated. The ordinance which regulates the location of funeral homes has been adopted as part of comprehensive zoning plans for the orderly development of the area covered thereunder.

Rep. of the Philippines vs. City of Davao (2002) Facts: City of Davao filed an application for a Certificate of Non-Coverage (CNC) for its proposed project, the Davao City Sports Dome with the Environmental Management Bureau (EMB) with the required documents. EMB denied the application after finding that the proposed project was w/in an environmentally critical area. It also held that Davao must undergo the environmental impact assessment (EIA) to secure Environmental Compliance Certificate (ECC) before it can proceed with construction of its project pursuant to Sec 2 of PD 1586, Environmental Impact Statement System, in relation to Sec 4 PD 1151, Philippine Environment Policy. Davao complains. Held: Davao City within the scope of the EIS law An LGU is a body politic and corporate endowed with powers to be exercised inconformity with law. It has dual functions:

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER • •

Governmental – concerns health, safety, advancement, of public good and welfare. It acts as an agency of national gov’t Proprietary – seeks to obtain special corporate benefits or earn pecuniary profit and intended for private advantage and benefit. Acts as agent of community.

As a body politic endowed with governmental functions, LGU has the duty to promote the people’s right to a balanced ecology (Sec. 16 LGCode) and to ensure quality of environment. Pursuant to this, Davao cannot claim exemption from the coverage of EIS law which has same the objectives. Civil Code defines a person as either natural or juridical. The state and its subdivisions i.e. LGU’s are juridical persons. Thus, LGU’s are not excluded from EIS law. Sec 1 of EIS law intends to implement state policy to achieve a balance between socio-economic development and environmental protection. The Whereas clause of the same law stresses that this balance can only be achieved through a comprehensive and integrated program where all the sectors of the community – gov’t and private – are involved. Thus, LGU’s as part of the machinery of the gov’t cannot be deemed outside the scope of the EIS law. Since it is clear that the said project is not classified as environmentally critical nor within critical area, DENR has no choice but to issue the CNC. It is a ministerial duty that can be compelled by a writ of mandamus. MyPleasure Guide to Sex Toys: Sex Toy Basics Sex toys come in thousands of different sizes, shapes and functions -- you could have a different toy for every day of the week! But to narrow the search field, think about your needs and preferences, and consider the following questions: What shapes appeal to you? Do you find some sex toys silly looking? Do you have a color preference? Do you know what materials you like most: silicone, jelly, rubber or plastic? Do you want stay traditional or try something new and wild? Do you have trouble reaching orgasm during penetration? Do you consider yourself to be "clitoral?" Do you want to use your toy alone or with a partner? (continued) Abatement of Nuisance Local Government Code Sangguniang Bayan – Sec447, Functions and Compensation. –

LGC:

Powers,

Duties,

Sangguniang Panlungsod – Sec458, LGC: Powers, Duties, Functions and Compensation. –

CA VE AT:

- 54 -

RA9165: An Act Instituting The Comprehensive Dangerous Drugs Act Of 2002, Repealing Republic Act No. 6425, Otherwise Known As The Dangerous Drugs Act Of 1972, As Amended, Providing Funds Therefor, And For Other Purposes Sec52: Abatement of Drug Related Public Nuisances. — Any place or premises which have been used on two or more occasions as the site of the unlawful sale or delivery of dangerous drugs may be declared to be a public nuisance, and such nuisance may be abated, pursuant to the following procedures: (1) Any city or municipality may, by ordinance, create an administrative board to hear complaints regarding the nuisances; (2) Any employee, officer, or resident of the city or municipality may bring a complaint before the Board after giving not less than three (3) days written notice of such complaint to the owner of the place or premises at his/her last known address; and (3) After hearing in which the Board may consider any evidence, including evidence of the general reputation of the place or premises, and at which the owner of the premises shall have an opportunity to present evidence in his/her defense, the Board may declare the place or premises to be a public nuisance. Sec53: Effect of Board Declaration. — If the Board declares a place or premises to be a public nuisance, it may declare an order immediately prohibiting the conduct, operation, or maintenance of any business or activity on the premises which is conducive to such nuisance. An order entered under this Section shall expire after one (1) year or at such earlier time as stated in the order. The Board may bring a complaint seeking a permanent injunction against any nuisance described under this Section. This Article does not restrict the right of any person to proceed under the Civil Code against any public nuisance.

Estate of Francisco vs. CA Facts: A Quonset hut standing on a lot owned by Phil. Ports Authority (PPA) in Isabela, Basilan was purchased by Gregoria Francisco in 1944. Proclamation 83 declared said land was for the exclusive use of port facilities. PPA issued to Tan Gin San the surviving spouse of Gregoria a permit to occupy the lot of the Quonset for a year for storage of copra to expire Dec 31, 1989. Mayor Valencia notified Tan twice to relocate Quonset citing Zoning Ordinance No.14. It noted its antiquated and dilapidated structure and stressed the "clear-up campaign on illegal squatters and unsanitary surroundings along Strong Boulevard." Since the notifications remained unheeded by Mayor ordered the demolition. Held: Mayor cannot summarily order the demolition. Ordinance 147 does not authorize summary removal of nonconforming structure. Sec 16 of the ordinance provides that a certificate of non-conformance is necessary but even if Tan failed

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER to obtain one, the provision should not be interpreted as authorizing the summary removal of a non-conforming building by the municipal gov’t. Otherwise, it would be violative of due process and must be struck down. LGCode imposes upon the mayor the duty "to cause to be instituted judicial proceedings in connection with the violation of ordinances" (LGCode, Sec. 141 [2] [t]). Thus, the violation of a municipal ordinance neither empowers the Municipal Mayor to avail of extra-judicial remedies. The general welfare clause authorizing the abatement of nuisances without judicial proceedings applies to a nuisance per se, or one which affects the immediate safety of persons and property and may be summarily abated under the undefined law of necessity The storage of copra in the quonset is a legitimate business. By its nature, it can not be said to be injurious to rights of property, of health or of comfort of the community. If it be a nuisance per accidens, it may be so proven in a hearing conducted for that purpose. It is not per se a nuisance warranting its summary abatement without judicial intervention. While the Sangguniang Bayan may provide for the abatement of a nuisance (LGCode, Sec. 149 [ee]), it cannot declare a particular thing as a nuisance per se and order its condemnation. The nuisance can only be so adjudged by judicial determination. In CAB, Tan was in lawful possession of the lot and quonset by virtue of PPA permit. It was not squatting on public land. Its property was not of trifling value. It was thus entitled to an impartial hearing before a tribunal authorized to decide whether the quonset building did constitute a nuisance in law. There was no compelling necessity for precipitate action. The mayor et al transcended their authority in abating summarily the quonset building. They had deprived petitioner of its property without due process of law.

Technology Developers, Inc. vs. CA (1991) 193SCRA147 Facts: Technology Developers, Inc. (TDI) is a domestic private corporation engaged in the manufacture and export of charcoal briquette. It received a letter from acting mayor ordering full cessation of operation of its Sta. Maria plant and requesting Plant Managaer to bring to the office of the mayor permits (Building, Mayor’s, and Pollution of Environment and Natural Resources AntiPollution). As to the Anti-Pollution Permit, TDI tried to secure it although it had previously secured before its operation a “Temporary Permit to Operate Air Pollution Installation” issued by Environmental Management Bureau (EMB). EMB is at a stage trying to determine correct kind of anti-pollution devise to be installed for TDI’s renewal of its permit. TDI didn’t have a mayor’s permit so it tried to secure one but it was not entertained. Mayor

CA VE AT:

- 55 ordered padlocking of TDI’s plant premises without previous and reasonable notice upon TDI. TDI instituted an action with RTC.RTC ruled in favor of mayor. MR by TDI denied. CA affirmed. Held: The dissolution of the writ of preliminary injunction is justified by the trial court and correctly upheld by CA. The following circumstances justify the dissolution:

1.

No Mayor’s Permit. The mayor can deny application for a permit to operate a business or close it by his police power unless appropriate measures are taken to control or avoid injury to the health of the residents of the community from emissions in the operation of the business. While determination whether there is pollution of the environment that requires control (if not prohibition) of the operation of a business is essentially addressed to the EMB (National Pollution Control Commission before) of DENR, the mayor of a town has as much responsibility to protect its inhabitants from pollution. 2. Acting Mayor had called the attention of TDI to the pollution emitted by the fumes of its plant whose offensive odor also affects the health of the residents so that it was ordered to stop its operation until further orders and required to bring permits. 3. The action of the Mayor was in response to complaint of the residents directed to the Provincial Governor. Although it may be true that some signatures in the 4page petition were written by one person (particularly among members of same family), on the whole the many signatures appear to be written by different persons. Certification of barrio captain that he has not received any complaint on the matter must be because complaint was sent directly to the Governor through Acting Mayor. 4. Closure order was issued after an investigation made by Guina – the fumes emitted by plant goes directly to surrounding houses and that no proper air pollution device has been installed. 5. TDI failed to produce a building permit from Sta. Maria municipality but instead presented a Makati building permit. 6. The temporary permit to operate from National Pollution Control Commission TDI presented was good only up to May25, 1988. TDI did not exert any effort to extend or validate its permit nor to install any device to control the pollution and prevent any hazard to the health of the residents of the community. Although TDI had spent a huge investment in its dollar-earning industry, it must be stressed that concomitant with the need to promote investment and contribute to the growth of the economy is the equally essential imperative of protecting the health and lives of the people from the deleterious effect of the pollution of the environment.

Technology Developers, Inc. vs. CA (1991) 201SCRAxi Facts: TDI filed a motion for reconsideration of the SC decision denying its petition for review:

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER 1.

2.

SC decision being anchored on factual allegation in mayor’s pleadings, which all courts assumed to be true, TDI alleges the following to rebut the mayor’s factual bases: a. TDI obtained a Mayor’s permit but from the wrong mayor (in Makati where its principal office is located). Upon being apprised of the need to obtain one in Sta. Maria, TDI applied but was rebuffed. b. Petition against the charcoal plant was “padded” - NBI handwriting expert certified that several signatures in the petition by supposed residents of Brgy. Guyong were written by only one person c. Guina’s report that smoke from plant “contain particulate matters hazardous to health” has not been verified and confirmed by EMB. d. TDI has a building permit issued by Building Official of Ministry of Public Works and Highways – a higher authority than the building official of Sta. Maria. e. Permit issued by EMB authorizing TDI’s operation was renewed and extended up to Dec.1990. It was not renewed in 1991 because of the mayor’s closure order. SC must examine the jurisdictional issue of whether a town mayor is empowered by law to close a plant/business (a) for lack of a mayor’s permit and (b) for alleged violation of antipollution laws. RTC and CA turned upon the mayor’s justifications for closure order issuance, not his jurisdiction to do so.

Held: Acting Mayor is without jurisdiction to issue closure orde. PD984 is the applicable law which created the National Pollution Control Commission (later renamed to EMB) as the primary agency responsible for prevention and control of environmental pollution in the country:

1.

Sec10 and 17, PD984 affirms its primacy of jurisdiction on matters of air, water and land pollution by providing that rules and regulations issued by EMB for prevention of pollution “shall supersede and prevail over any rules or regulations as may heretofore have been issued by other government agencies… any provision of laws….  Evidently, even provisions of Civil Code on nuisance (insofar as it is caused by pollution of air, water or land resources) are deemed superseded by PD984 (a special law on subject of pollution) 2. Sec6 enumerates powers and functions to EMB which are not conferred by law on town officials (see #4 enumerated under Mead vs. Argel case)

3.

Sec7 requires that “public hearings shall be conducted by the Commissioner xxx prior to issuance or promulgation of any order or decision requiring discontinuance of discharge of xxx industrial wastes xxx into water, air or land resources of the Philippines”  No public hearings was held by Acting Mayor  It is the discharge of industrial wasters, not the operation of business, that may be discontinued 4. TDI had been issued by EMB to operate its plant in 19871988, renewed for the year 1989, and again for 1990, and the Deputy Zoning Administrator of Sta. Maria, Bulacan had

CA VE AT:

- 56 certified that the plant “is in accordance with the development plan and zonification of the locality  Acting mayor may not capriciously deny a permit to operate a legitimate business on the ground that its plant was causing excessive air pollution  Only the EMB, after due notice and hearing may determine whether excessive pollution exists as held in the case Mead vs. Argel that EMB is given authority by Sec6: a. to determine whether a pollution exists in any of the waters and/or atmospheric air of the Philippines b. to hold public hearings, make findings of facts and determinations all with respect to violations of the Act or orders issued by the Commission c. to institute or cause to be instituted in competent court legal proceedings to compel compliance d. after due notice and hearing, revoke, suspend or modify any permit issued under the Act whenever modifications are necessary to prevent or abate pollution… e. Sec8 on authority of Commission to determine existence of pollution and to take appropriate court actions to abate or prevent it f. That in matters not related to nuisance, no court action shall be initiated until Commission has determined existence of what in law is considered pollution It is beyond a municipal mayor’s and competence to review, revise, reverse, or set aside a permit to operate LTD’s charcoal briquette plant issued by EMB, which is the primary authority whether TDI’s manufacturing process violates anti-pollution laws, rules and regulations. 1. Complaint against TDI should have been addressed to EMB which alone is empowered to investigate and determine (after public hearing) whether: a. Charcoal plant was causing air pollution in excess of permissible limits b. Discharge of smoke from TDI’s 16meter smoke stack should be reduced or discontinued c. Additional devices for that purpose should be installed d. Its business should be temporarily suspended or totally banned 2. EMB (special agency created by law for this purpose) assisted by its staff with expertise and facilities is one competent to investigate and determine degree and extent of air pollution in plant site and around it, and determine the danger it poses to people’s health  Never the law’s intention to place in the hands of just any layman the authority to determine if pollution exists, and the power to toll the death knell of a multi-million peso industry which not only provides jobs but also brings in export dollars for the country’s dollar-starved economy.

RA8749: An Act Providing For A Comprehensive Air Pollution Control Policy And For Other Purposes Sec7: Integrated Air Quality Improvement Framework. — The Department shall, within six (6) months after the effectivity of this Act, establish, with the participation of LGUs, NGOs, POs, the

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER academe and other concerned entities from the private sector, formulate and implement the Integrated Air Quality Improvement Framework for a comprehensive air pollution management and control program. The framework shall, among others, prescribe the emission reduction goals using permissible standards, control strategies and control measures to be undertaken within a specified time period, including cost-effective use of economic incentives, management strategies, collective action, and environmental education and information. The Integrated Air Quality Improvement Framework shall be adopted as the official blueprint with which all government agencies must comply with to attain and maintain ambient air quality standards. Sec8: Air Quality Control Action Plan. — …. Likewise, the LGUs, with the assistance from the Department, shall prepare and develop an action plan consistent with the Integrated Air Quality Improvement Framework to attain and maintain the ambient air quality standards within their respective airsheds as provided in Section 9 hereof. The local government units shall develop and submit to the Department a procedure for carrying out the action plan for their jurisdiction. The Department, however, shall maintain its authority to independently inspect the enforcement procedure adopted. The Department shall have the power to closely supervise all or parts of the air quality action plan until such time the local government unit concerned can assume the function to enforce the standards set by the Department. A multi-sectoral monitoring team with broad public representation shall be convened by the Department for each LGU to conduct periodic inspections of air pollution sources to assess compliance with the emission limitations contained in their permits. Sec9: Airsheds. — (Are these analogous to watersheds?) Sec10: Management of Nonattainment Areas. — The Department shall designate areas where specific pollutants have already exceeded ambient standards as nonattainment areas. The Department shall prepare and implement a program that will prohibit new sources of exceeded air pollutant without a corresponding reduction in existing sources. In coordination with other appropriate government agencies, the LGUs shall prepare and implement a program and other measures including relocation, whenever necessary, to protect the health and welfare of residents in the area. For those designated as nonattainment areas, the Department, after consultation with local government authorities, nongovernment organizations (NGOs), people's organizations (POs) and concerned sectors may revise the designation of such areas and expand its coverage to cover larger areas depending on the condition of the areas. Sec11: Air Quality Control Techniques. — Simultaneous with the issuance of the guideline values and standards, the Department, through the research and development program contained in this Act and upon consultation with the appropriate advisory committees, government agencies and LGUs, shall issue, and

CA VE AT:

- 57 from time to time, revise information on air pollution control techniques. Such information shall include…

Sec16: Permits. — Consistent with the provisions of this Act, the Department shall have the authority to issue permits as it may determine necessary for the prevention and abatement of air pollution. Said permits shall cover emission limitations for the regulated air pollutants to help attain and maintain the ambient air quality standards. These permits shall serve as management tools for the LGUs in the development of their action plan. Sec20: Ban on Incineration. — … Local government units are hereby mandated to promote, encourage and implement in their respective jurisdiction a comprehensive ecological waste management that includes waste segregation, recycling and composting. With due concern on the effects of climate change, the Department shall promote the use of state-of-the-art, environmentally-sound and safe non-burn technologies for the handling, treatment, thermal destruction, utilization, and disposal of sorted, unrecycled, uncomposted municipal, bio-medical and hazardous wastes. Sec24: Pollution from Smoking. — Smoking inside a public building or an enclosed public place including public vehicles and other means of transport or in any enclosed area outside of one's private residence, private place of work or any duly designated smoking area is hereby prohibited under this Act. This provision shall be implemented by the LGUs. Sec36: Role of Local Government Units. — Local government units (LGUs) shall share the responsibility in the management and maintenance of air quality within their territorial jurisdiction. Consistent with Sections 7, 8 and 9 of this Act, LGUs shall implement air quality standards set by the Board in areas within their jurisdiction: Provided, however, That in case where the Board has not been duly constituted and has not promulgated its standards, the standards set forth in this Act shall apply. The Department shall provide the LGUs with technical assistance, trainings and a continuing capability-building program to prepare them to undertake full administration of the air quality management and regulation within their territorial jurisdiction. Sec37: Environment and Natural Resources Office. — There may be established an Environment and Natural Resources Office in every province, city, or municipality which shall be headed by the environment and natural resources officer and shall be appointed by the Chief Executive of every province, city or municipality in accordance with the provisions of Section 484 of Republic Act No. 7160. Its powers and duties, among others, are: a) To prepare comprehensive air quality management programs, plans and strategies within the limits setforth in Republic Act No. 7160 and this Act which shall be implemented within its territorial jurisdiction upon the approval of the sanggunian;

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER b) To provide technical assistance and support to the governor or mayor, as the case may be, in carrying out measures to ensure the delivery of basic services and the provision of adequate facilities relative to air quality; c) To take the lead in all efforts concerning air quality protection and rehabilitation; d) To recommend to the Board air quality standards which shall not exceed the maximum permissible standards set by national laws; e) To coordinate with other government agencies and nongovernmental organizations in the implementation of measures to prevent and control air pollution; and f) Exercise such other powers and perform such duties and functions as may be prescribed by law or ordinance: Provided, however, That in provinces/cities/municipalities where there are no environment and natural resources officers, the local executive concerned may designate any of his official and/or chief of office preferably the provincial, city or municipal agriculturist, or any of his employee: Provided, finally, That in case an employee is designated as such, he must have a sufficient experience in environmental and natural resources management, conservation and utilization. Sec39: Public Education and Information Campaign. — RA9003: AN ACT PROVIDING FOR AN ECOLOGICAL SOLID WASTE MANAGEMENT PROGRAM, CREATING THE NECESSARY INSTITUTIONAL MECHANISMS AND INCENTIVES, DECLARING CERTAIN ACTS PROHIBITED AND PROVIDING PENALTIES, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES Sec10: Role of LGUs in Solid Waste Management. — Pursuant to the relevant provisions of R.A. No. 7160, otherwise known as the Local Government Code, the LGUs shall be primarily responsible for the implementation and enforcement of the provisions of this Act within their respective jurisdictions. Segregation and collection of solid waste shall be conducted at the barangay level specifically for biodegradable, compostable and reusable wastes: Provided, That the collection of nonrecyclable materials and special wastes shall be the responsibility of the municipality or city. Sec11: Provincial Solid Waste Management Board. — A Provincial Solid Waste Management Board shall be established in every province, to be chaired by the governor. Its members shall include: (a) All the mayors of its component cities and municipalities; (b) One (1) representative from the Sangguniang Panlalawigan to be represented by the chairperson of either the Committees on Environment or Health or their equivalent committees, to be nominated by the presiding officer; (c) The provincial health and/or general services officers, whichever may be recommended by the governor; (d) The provincial environment and natural resources officer; (e) The provincial engineer; (f) Congressional representative/s from each congressional district within the province;

CA VE AT:

- 58 (g) A representative from the NGO sector whose principal purpose is to promote recycling and the protection of air and water quality; (h) A representative from the recycling industry; (i) A representative from the manufacturing or packaging industry; and (j) A representative of each concerned government agency possessing relevant technical and marketing expertise as may be determined by the Board. The Provincial Solid Waste Management Board may, from time to time, call on any other concerned agencies or sectors as it may deem necessary. Provided, That representatives from the NGOs, recycling and manufacturing or packaging industries shall be selected through a process designed by themselves and shall be endorsed by the government agency representatives of the Board: Provided, further, That in the Province of Palawan, the Board shall be chaired by the chairman of the Palawan Council for Sustainable Development, pursuant to Republic Act No. 7611. In the case of Metro Manila, the Board shall be chaired by the chairperson of the MMDA and its members shall include: (i) All mayors of its component cities and municipalities; (ii) A representative from the NGO sector whose principal purpose is to promote recycling and the protection of air and water quality; (iii) A representative from the recycling industry; and (iv) A representative from the manufacturing or packaging industry. The Board may, from time to time, call on any other concerned agencies or sectors as it may deem necessary. Provided, That representatives from the NGOs, recycling and manufacturing or packaging industries shall be selected through a process designed by themselves and shall be endorsed by the government agency representatives of the Board. The Provincial Solid Waste Management Board shall have the following functions and responsibilities: (1) Develop a provincial solid waste management plan from the submitted solid waste management plans of the respective city and municipal solid waste management boards herein created. It shall review and integrate the submitted plans of all its component cities and municipalities and ensure that the various plans complement each other, and have the requisite components. The Provincial Solid Waste Management Plan shall be submitted to the Commission for approval. The Provincial Plan shall reflect the general program of action and initiatives of the provincial government in implementing a solid waste management program that would support the various initiatives of its component cities and municipalities. (2) Provide the necessary logistical and operational support to its component cities and municipalities in consonance with subsection (f) of Sec. 17 of the Local Government Code; (3) Recommend measures and safeguards against pollution and for the preservation of the natural ecosystem; (4) Recommend measures to generate resources, funding and implementation of projects and activities as specified in the duly approved solid waste management plans; (5) Identify areas within its jurisdiction which have common solid waste management problems and are

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER appropriate units for planning local solid waste management services in accordance with Section 41 hereof; (6) Coordinate the efforts of the component cities and municipalities in the implementation of the Provincial Solid Waste Management Plan; (7) Develop an appropriate incentive scheme as an integral component of the Provincial Solid Waste Management Plan; (8) Convene joint meetings of the provincial, city and municipal solid waste management boards at least every quarter for purposes of integrating, synchronizing, monitoring and evaluating the development and implementation of its provincial solid waste management plan; (9) Represent any of its component city or municipality in coordinating its resource and operational requirements with agencies of the national government; (10) Oversee the implementation of the Provincial Solid Waste Management Plan; (11) Review every two (2) years or as the need arises the Provincial Solid Waste Management Plan for purposes of ensuring its sustainability, viability, effectiveness and relevance in relation to local and international developments in the field of solid waste management; and (12) Allow for the clustering of LGUs for the solution of common solid waste management problems. Sec12: City and Municipal Solid Waste Management Board. — Each city or municipality shall form a City or Municipal Waste Management Board that shall prepare, submit and implement a plan for the safe and sanitary management of solid waste generated in areas under its geographic and political coverage. The City or Municipal Solid Waste Management Board shall be composed of the city or municipal mayor as head with the following as members: (a) One (1) representative of the Sangguniang Panlungsod or the Sangguniang Bayan, preferably chairpersons of either the Committees on Environment or Health, who will be designated by the presiding officer; (b) President of the Association of Barangay Councils in the municipality or city; (c) Chairperson of the Sangguniang Kabataan Federation; (d) A representative from NGOs whose principal purpose is to promote recycling and the protection of air and water quality; (e) A representative from the recycling industry; (f) A representative from the manufacturing or packaging industry; and (g) A representative of each concerned government agency possessing relevant technical and marketing expertise as may be determined by the Board. The City or Municipal Solid Waste Management Board may, from time to time, call on any concerned agencies or sectors as it may deem necessary. Provided, That representatives from the NGOs, recycling and manufacturing or packaging industries shall be selected through a process designed by themselves and shall be endorsed by the government agency representatives of the Board.

CA VE AT:

- 59 The City and Municipal Solid Waste Boards shall have the following duties and responsibilities: (1) Develop the City or Municipal Solid Waste Management Plan that shall ensure the long-term management of solid waste, as well as integrate the various solid waste management plans and strategies of the barangays in its area of jurisdiction. In the development of the Solid Waste Management Plan, it shall conduct consultations with the various sectors of the community; (2) Adopt measures to promote and ensure the viability and effective implementation of solid waste management programs in its component barangays; (3) Monitor the implementation of the City or Municipal Solid Waste Management Plan through its various political subdivisions and in cooperation with the private sector and the NGOs; (4) Adopt specific revenue-generating measures to promote the viability of its Solid Waste Management Plan; (5) Convene regular meetings for purposes of planning and coordinating the implementation of the solid waste management plans of the respective component barangays; (6) Oversee the implementation of the City or Municipal Solid Waste Management Plan; cAHIaE (7) Review every two (2) years or as the need arises the City or Municipal Solid Waste Management Plan for purposes of ensuring its sustainability, viability, effectiveness and relevance in relation to local and international developments in the field of solid waste management; (8) Develop the specific mechanics and guidelines for the implementation of the City or Municipal Solid Waste Management Plan; (9) Recommend to appropriate local government authorities specific measures or proposals for franchise or buildoperate-transfer agreements with duly recognized institutions, pursuant to R.A. 6957, to provide either exclusive or nonexclusive authority for the collection, transfer, storage, processing, recycling or disposal of municipal solid waste. The proposals shall take into consideration appropriate government rules and regulations on contracts, franchises and build-operatetransfer agreements; (10) Provide the necessary logistical and operational support to its component cities and municipalities in consonance with subsection (f) of Sec. 17 of the Local Government Code; (11) Recommend measures and safeguards against pollution and for the preservation of the natural ecosystem; and (12) Coordinate the efforts of its component barangays in the implementation of the city or municipal Solid Waste Management Plan.

Sec13: Establishment of Multi-Purpose Environment Cooperatives or Associations in Every LGU. — Multi-purpose cooperatives and associations that shall undertake activities to promote the implementation and/or directly undertake projects in compliance with the provisions of this Act shall be encouraged and promoted in every LGU. Sec16: Local Government Solid Waste Management Plans. — The province, city or municipality, through its local

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER solid waste management boards, shall prepare its respective 10-year solid waste management plans consistent with the national solid waste management framework: Provided, That the waste management plan shall be for the re-use, recycling and composting of wastes generated in their respective jurisdictions: Provided, further, That the solid waste management plan of the LGU shall ensure the efficient management of solid waste generated within its jurisdiction. The plan shall place primary emphasis on implementation of all feasible re-use, recycling, and composting programs while identifying the amount of landfill and transformation capacity that will be needed for solid waste which cannot be re-used, recycled, or composted. The plan shall contain all the components provided in Sec. 17 of this Act and a timetable for the implementation of the solid waste management program in accordance with the National Framework and pursuant to the provisions of this Act: Provided, finally, That it shall be reviewed and updated every year by the provincial, city or municipal solid waste management board. For LGUs which have considered solid waste management alternatives to comply with Sec. 37 of this Act, but are unable to utilize such alternatives, a timetable or schedule of compliance specifying the remedial measures and eventual compliance shall be included in the plan. All local government solid waste management plans shall be subjected to the approval of the Commission. The plan shall be consistent with the national framework and in accordance with the provisions of this Act and of the policies set by the Commission: Provided, That in the Province of Palawan, the local government solid waste management plan shall be approved by the Palawan Council for Sustainable Development, pursuant to R.A. No. 7611. Sec17: The Components of the Local Government Solid Waste Management Plan. — The solid waste management plan shall include, but not be limited to, the following components: (a) City or Municipal Profile — The plan shall indicate the following background information on the city or municipality and its component barangays, covering important highlights of the distinct geographic and other conditions: (1) Estimated population of each barangay within the city or municipality and population projection for a 10-year period; (2) Illustration or map of the city/municipality, indicating locations of residential, commercial, and industrial centers, and agricultural area, as well as dump sites, landfills and other solid waste facilities. The illustration shall indicate as well, the proposed sites for disposal and other solid waste facilities; (3) Estimated solid waste generation and projection by source, such as residential, market, commercial, industrial, construction/demolition, street waste, agricultural, agroindustrial, institutional, other wastes; and (4) Inventory of existing waste disposal and other solid waste facilities and capacities. (b) Waste characterization — For the initial source reduction and recycling element of a local waste management plan, the LGU waste characterization component shall identify the constituent materials which comprise the solid waste generated within the jurisdiction of the LGU. The information shall be representative of the solid waste generated and

CA VE AT:

- 60 disposed of within that area. The constituent materials shall be identified by volume, percentage in weight or its volumetric equivalent, material type, and source of generation which includes residential, commercial, industrial, governmental, or other sources. Future revisions of waste characterization studies shall identify the constituent materials which comprise the solid waste disposed of at permitted disposal facilities. (c) Collection and Transfer — The plan shall take into account the geographic subdivisions to define the coverage of the solid waste collection area in every barangay. The barangay shall be responsible for ensuring that a 100% collection efficiency from residential, commercial, industrial and agricultural sources, where necessary within its area of coverage, is achieved. Toward this end, the plan shall define and identify the specific strategies and activities to be undertaken by its component barangays, taking into account the following concerns: (1) Availability and provision of properly designed containers or receptacles in selected collection points for the temporary storage of solid waste while awaiting collection and transfer to processing sites or to final disposal sites; (2) Segregation of different types of solid waste for reuse, recycling and composting; (3) Hauling and transfer of solid waste from source or collection points to processing sites or final disposal sites; (4) Issuance and enforcement of ordinances to effectively implement a collection system in the barangay; and (5) Provision of properly trained officers and workers to handle solid waste disposal. The plan shall define and specify the methods and systems for the transfer of solid waste from specific collection points to solid waste management facilities. (d) Processing — The plan shall define the methods and the facilities required to process the solid waste, including the use of intermediate treatment facilities for composting, recycling, conversion and other waste processing systems. Other appropriate waste processing technologies may also be considered provided that such technologies conform with internationally-acceptable and other standards set in other laws and regulations. (e) Source reduction — The source reduction component shall include a program and implementation schedule which shows the methods by which the LGU will, in combination with the recycling and composting components, reduce a sufficient amount of solid waste disposed of in accordance with the diversion requirements of Sec. 20. The source reduction component shall describe the following: (1) strategies in reducing the volume of solid waste generated at source; (2) measures for implementing such strategies and the resources necessary to carry out such activities; (3) other appropriate waste reduction technologies that may also be considered, provided that such technologies conform with the standards set pursuant to this Act; (4) the types of wastes to be reduced pursuant to Sec. 15 of this Act;

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER (5) the methods that the LGU will use to determine the categories of solid wastes to be diverted from disposal at a disposal facility through re-use, recycling and composting; and (6) new facilities and of expansion of existing facilities which will be needed to implement re-use, recycling and composting. The LGU source reduction component shall include the evaluation and identification of rate structures and fees for the purpose of reducing the amount of waste generated, and other source reduction strategies, including but not limited to, programs and economic incentives provided under Sec. 45 of this Act to reduce the use of non-recyclable materials, replace disposable materials and products with reusable materials and products, reduce packaging, and increase the efficiency of the use of paper, cardboard, glass, metal, and other materials. The waste reduction activities of the community shall also take into account, among others, local capability, economic viability, technical requirements, social concerns, disposition of residual waste and environmental impact: Provided, That, projection of future facilities needed and estimated cost shall be incorporated in the plan. (f) Recycling — The recycling component shall include a program and implementation schedule which shows the methods by which the LGU shall, in combination with the source reduction and composting components, reduce a sufficient amount of solid waste disposed of in accordance with the diversion requirements set in Sec. 20. The LGU recycling component shall describe the following: (1) The types of materials to be recycled under the programs; (2) The methods for determining the categories of solid wastes to be diverted from disposal at a disposal facility through recycling; and (3) New facilities and expansion of existing facilities needed to implement the recycling component. The LGU recycling component shall describe methods for developing the markets for recycled materials, including, but not limited to, an evaluation of the feasibility of procurement preferences for the purchase of recycled products. Each LGU may determine and grant a price preference to encourage the purchase of recycled products. The five-year strategy for collecting, processing, marketing and selling the designated recyclable materials shall take into account persons engaged in the business of recycling or persons otherwise providing recycling services before the effectivity of this Act. Such strategy may be based upon the results of the waste composition analysis performed pursuant to this Section or information obtained in the course of past collection of solid waste by the local government unit, and may include recommendations with respect to increasing the number of materials designated for recycling pursuant to this Act. The LGU recycling component shall evaluate industrial, commercial, residential, agricultural, governmental, and other curbside, mobile, drop-off, and buy-back recycling programs, manual and automated materials recovery facilities, zoning, building code changes and rate structures which encourage recycling of materials. The Solid Waste Management Plan shall

CA VE AT:

- 61 indicate the specific measures to be undertaken to meet the waste diversion specified under Sec. 20 of this Act. Recommended revisions to the building ordinances, requiring newly-constructed buildings and buildings undergoing specified alterations to contain storage space, devices or mechanisms that facilitate source separation and storage of designated recyclable materials to enable the local government unit to efficiently collect, process, market and sell the designated materials. Such recommendations shall include, but shall not be limited to separate chutes to facilitate source separation in multifamily dwellings, storage areas that conform to fire and safety code regulations, and specialized storage containers. The Solid Waste Management Plan shall indicate the specific measures to be undertaken to meet the recycling goals pursuant to the objectives of this Act. (g) Composting — The composting component shall include a program and implementation schedule which shows the methods by which the LGU shall, in combination with the source reduction and recycling components, reduce a sufficient amount of solid waste disposed of within its jurisdiction to comply with the diversion requirements of Sec. 20 hereof. The LGU composting component shall describe the following: (1) The types of materials which will be composted under the programs; (2) The methods for determining the categories of solid wastes to be diverted from disposal at a disposal facility through composting; and (3) New facilities, and expansion of existing facilities needed to implement the composting component. The LGU composting component shall describe methods for developing the markets for composted materials, including, but not limited to, an evaluation of the feasibility of procurement preferences for the purchase of composted products. Each LGU may determine and grant a price preference to encourage the purchase of composted products. (h) Solid waste facility capacity and final disposal — The solid waste facility component shall include, but shall not be limited to, a projection of the amount of disposal capacity needed to accommodate the solid waste generated, reduced by the following: (1) Implementation of source reduction, recycling, and composting programs required in this Section or through implementation of other waste diversion activities pursuant to Sec. 20 of this Act; (2) Any permitted disposal facility which will be available during the 10-year planning period; and (3) All disposal capacity which has been secured through an agreement with another LGU, or through an agreement with a solid waste enterprise. The plan shall identify existing and proposed disposal sites and waste management facilities in the city or municipality or in other areas. The plan shall specify the strategies for the efficient disposal of waste through existing disposal facilities and the identification of prospective sites for future use. The selection and development of disposal sites shall be made on the basis of internationally accepted standards and on the guidelines set in Secs. 41 and 42 of this Act.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Strategies shall be included to improve said existing sites to reduce adverse impact on health and the environment, and to extend life span and capacity. The plan shall clearly define projections for future disposal site requirements and the estimated cost for these efforts. Open dump sites shall not be allowed as final disposal sites. If an open dump site is existing within the city or municipality, the plan shall make provisions for its closure or eventual phase out within the period specified under the framework and pursuant to the provisions under Sec. 37 of this Act. As an alternative, sanitary landfill sites shall be developed and operated as a final disposal site for solid and, eventually, residual wastes of a municipality or city or a cluster of municipalities and/or cities. Sanitary landfills shall be designed and operated in accordance with the guidelines set under Secs. 40 and 41 of this Act. (i) Education and public information — The education and public information component shall describe how the LGU will educate and inform its citizens about the source reduction, recycling, and composting programs. The plan shall make provisions to ensure that information on waste collection services, solid waste management and related health and environmental concerns are widely disseminated among the public. This shall be undertaken through the print and broadcast media and other government agencies in the municipality. The DECS and the Commission on Higher Education shall ensure that waste management shall be incorporated in the curriculum of primary, secondary and college students. (j) Special waste — The special waste component shall include existing waste handling and disposal practices for special wastes or household hazardous wastes, and the identification of current and proposed programs to ensure the proper handling, re-use, and long-term disposal of special wastes. (k) Resource requirement and funding — The funding component includes identification and description of project costs, revenues, and revenue sources the LGU will use to implement all components of the LGU solid waste management plan. The plan shall likewise indicate specific projects, activities, equipment and technological requirements for which outside sourcing of funds or materials may be necessary to carry out the specific components of the plan. It shall define the specific uses for its resource requirements and indicate its costs. The plan shall likewise indicate how the province, city or municipality intends to generate the funds for the acquisition of its resource requirements. It shall also indicate if certain resource requirements are being or will be sourced from fees, grants, donations, local funding and other means. This will serve as basis for the determination and assessment of incentives which may be extended to the province, city or municipality as provided for in Sec. 45 of this Act. (l) Privatization of solid waste management projects — The plan shall likewise indicate specific measures to promote the participation of the private sector in the management of solid wastes, particularly in the generation and development of the essential technologies for solid waste management. Specific projects or component activities of the plan which may be

CA VE AT:

- 62 offered as private sector investment activity shall be identified and promoted as such. Appropriate incentives for private sector involvement in solid waste management shall likewise be established and provided for in the plan, in consonance with Sec. 45 hereof and other existing laws, policies and regulations; and (m) Incentive programs — A program providing for incentives, cash or otherwise, which shall encourage the participation of concerned sectors shall likewise be included in the plan.

Sec18: Owner and Operator. — Responsibility for compliance with the standards in this Act shall rest with the owner and/or operator. If specifically designated, the operator is considered to have primary responsibility for compliance; however, this does not relieve the owner of the duty to take all reasonable steps to assure compliance with these standards and any assigned conditions. When the title to a disposal is transferred to another person, the new owner shall be notified by the previous owner of the existence of these standards and of the conditions assigned to assure compliance. Sec19: Waste Characterization. — The Department, in coordination with the LGUs, shall be responsible for the establishment of the guidelines for the accurate characterization of wastes including determination of whether or not wastes will be compatible with containment features and other wastes, and whether or not wastes are required to be managed as hazardous wastes under R.A. 6969, otherwise known as the Toxic Substances and Hazardous and Nuclear Wastes Control Act. Sec20: Establishing Mandatory Solid Waste Diversion. — Each LGU plan shall include an implementation schedule which shows that within five (5) years after the effectivity of this Act, the LGU shall divert at least 25% of all solid waste from waste disposal facilities through re-use, recycling, and composting activities and other resource recovery activities: Provided, That the waste diversion goals shall be increased every three (3) years thereafter: Provided, further, That nothing in this Section prohibits a local government unit from implementing re-use, recycling, and composting activities designed to exceed the goal. ARTICLE 2 Segregation of Wastes Sec21: Mandatory Segregation of Solid Wastes. — The LGUs shall evaluate alternative roles for the public and private sectors in providing collection services, type of collection system, or combination of systems, that best meet their needs: Provided, That segregation of wastes shall primarily be conducted at the source, to include household, institutional, industrial, commercial and agricultural sources: Provided, further, That wastes shall be segregated into the categories provided in Sec. 22 of this Act. For premises containing six (6) or more residential units, the local government unit shall promulgate regulations requiring the owner or person in charge of such premises to: (a) provide for the residents a designated area and containers in which to accumulate source separated recyclable

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER materials to be collected by the municipality or private center; and (b) notify the occupants of such buildings of the requirements of this Act and the regulations promulgated pursuant thereto. Sec22: Requirements for the Segregation and Storage of Solid Waste. — The following shall be the minimum standards and requirements for segregation and storage of solid waste pending collection: (a) There shall be a separate container for each type of waste from all sources: Provided, That in the case of bulky waste, it will suffice that the same be collected and placed in a separate and designated area; and (b) The solid waste container depending on its use shall be properly marked or identified for on-site collection as "compostable", "non-recyclable", "recyclable" or "special waste", or any other classification as may be determined by the Commission. Sec43: Guidelines for Identification of Common Solid Waste Management Problems. — For purposes of encouraging and facilitating the development of local government plans for solid waste management, the Commission shall, as soon as practicable but not later than six (6) months from the effectivity of this Act, publish guidelines for the identification of those areas which have common solid waste management problems and are appropriate units for clustered solid waste management services. The guidelines shall be based on the following: (a) the size and location of areas which should be included; (b) the volume of solid waste which would be generated; (c) the available means of coordinating local government planning between and among the LGUs and for the integration of such with the national plan; and (d) possible lifespan of the disposal facilities. Sec44: Establishment of Common Waste Treatment and Disposal Facilities. — Pursuant to Sec. 33 of R.A. 7160, otherwise known as the Local Government Code, all provinces, cities, municipalities and barangays, through appropriate ordinances, are hereby mandated to consolidate, or coordinate their efforts, services, and resources for purposes of jointly addressing common solid waste management problems and/or establishing common waste disposal facilities. The Department, the Commission and local solid waste management boards shall provide technical and marketing assistance to the LGUs. CHAPTER IV Incentives Sec45: Incentives. — (a) Rewards, monetary or otherwise, shall be provided to individuals, private organizations and entities, including nongovernment organizations, that have undertaken outstanding and innovative projects, technologies, processes and techniques or activities in re-use, recycling and reduction. Said rewards shall be sourced from the Fund herein created. (b) An incentive scheme is hereby provided for the purpose of encouraging LGUs, enterprises, or private entities,

CA VE AT:

- 63 including NGOs, to develop or undertake an effective solid waste management, or actively participate in any program geared towards the promotion thereof as provided for in this Act. (1) Fiscal Incentives — Consistent with the provisions of E.O. 226, otherwise known as the Omnibus Investments Code, the following tax incentives shall be granted: (a) Tax and Duty Exemption on Imported Capital Equipment and Vehicles — Within ten (10) years upon effectivity of this Act, LGUs, enterprises or private entities shall enjoy tax and duty-free importation of machinery, equipment, vehicles and spare parts used for collection, transportation, segregation, recycling, re-use and composting of solid wastes: Provided, That the importation of such machinery, equipment, vehicle and spare parts shall comply with the following conditions: (i) They are not manufactured domestically in sufficient quantity, of comparable quality and at reasonable prices; (ii) They are reasonably needed and will be used actually, directly and exclusively for the above mentioned activities; (iii) The approval of the Board of Investment (BOI) of the DTI for the importation of such machinery, equipment, vehicle and spare parts. Provided, further, That the sale, transfer or disposition of such machinery, equipment, vehicle and spare parts, without prior approval of the BOI, within five (5) years from the date of acquisition shall be prohibited, otherwise, the LGU concerned, enterprises or private entities and the vendee, transferee or assignee shall be solidarily liable to pay twice the amount of tax and duty exemption given it. (b) Tax Credit on Domestic Capital Equipment — Within ten (10) years from the effectivity of this Act, a tax credit equivalent to 50% of the value of the national internal revenue taxes and customs duties that would have been waived on the machinery, equipment, vehicle and spare parts, had these items been imported shall be given to enterprises, private entities, including NGOs, subject to the same conditions and prohibition cited in the preceding paragraph. (c) Tax and Duty Exemption of Donations, Legacies and Gift — All legacies, gifts and donations to LGUs, enterprises or private entities, including NGOs, for the support and maintenance of the program for effective solid waste management shall be exempt from all internal revenue taxes and customs duties, and shall be deductible in full from the gross income of the donor for income tax purposes. (2) Non-Fiscal Incentives — LGUS, enterprises or private entities availing of tax incentives under this Act shall also be entitled to applicable non-fiscal incentives provided for under E.O. 226, otherwise known as the Omnibus Investments Code. The Commission shall provide incentives to businesses and industries that are engaged in the recycling of wastes and which are registered with the Commission and have been issued ECCs in accordance with the guidelines established by the Commission. Such incentives shall include simplified procedures for the importation of equipment, spare parts, new materials, and supplies, and for the export of processed products. (3) Financial Assistance Program — Government financial institutions such as the Development Bank of the Philippines (DBP), Landbank of the Philippines (LBP), Government Service Insurance System (GSIS), and such other

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER government institutions providing financial services shall, in accordance with and to the extent allowed by the enabling provisions of their respective charters or applicable laws, accord high priority to extend financial services to individuals, enterprises, or private entities engaged in solid waste management. (4) Extension of Grants to LGUs — Provinces, cities and municipalities whose solid waste management plans have been duly approved by the Commission or who have been commended by the Commission for adopting innovative solid waste management programs may be entitled to receive grants for the purpose of developing their technical capacities toward actively participating in the program for effective and sustainable solid waste management. (5) Incentives to Host LGUs — Local government units who host common waste management facilities shall be entitled to incentives. CHAPTER V Financing Solid Waste Management Sec46: Solid Waste Management Fund. — There is hereby created, as a special account in the National Treasury, a Solid Waste Management Fund to be administered by the Commission. Such fund shall be sourced from the following: (a) Fines and penalties imposed, proceeds of permits and licenses issued by the Department under this Act, donations, endowments, grants and contributions from domestic and foreign sources; and (b) Amounts specifically appropriated for the Fund under the annual General Appropriations Act. The Fund shall be used to finance the following: (1) products, facilities, technologies and processes to enhance proper solid waste management; (2) awards and incentives; (3) research programs; (4) information, education, communication and monitoring activities; (5) technical assistance; and (6) capability building activities. LGUs are entitled to avail of the Fund on the basis of their approved solid waste management plan. Specific criteria for the availment of the Fund shall be prepared by the Commission. The fines collected under Sec. 49 shall be allocated to the LGU where the fined prohibited acts are committed in order to finance the solid waste management of said LGU. Such allocation shall be based on a sharing scheme between the Fund and the LGU concerned. In no case, however, shall the Fund be used for the creation of positions or payment of salaries and wages. Sec47: Authority to Collect Solid Waste Management Fees. — The local government unit shall impose fees in amounts sufficient to pay the costs of preparing, adopting, and implementing a solid waste management plan prepared pursuant to this Act. The fees shall be based on the following minimum factors: (a) types of solid waste; (b) amount/volume of waste; and

CA VE AT:

- 64 (c) distance of the transfer station to the waste management facility. The fees shall be used to pay the actual costs incurred by the LGU in collecting the local fees. In determining the amounts of the fees, an LGU shall include only those costs directly related to the adoption and implementation of the plan and the setting and collection of the local fees.

RA8550: An Act Providing For The Development, Management And Conservation Of The Fisheries And Aquatic Resources, Integrating All Laws Pertinent Thereto, And For Other Purposes Sec16: Jurisdiction of Municipal/City Government. — The municipal/city government shall have jurisdiction over municipal waters as defined in this Code. The municipal/city government, in consultation with the FARMC shall be responsible for the management, conservation, development, protection, utilization, and disposition of all fish and fishery/aquatic resources within their respective municipal waters. The municipal/city government may, in consultation with the FARMC, enact appropriate ordinances for this purpose and in accordance with the National Fisheries Policy. The ordinances enacted by the municipality and component city shall be reviewed pursuant to Republic Act No. 7160 by the sanggunian of the province which has jurisdiction over the same. The LGUs shall also enforce all fishery laws, rules and regulations as well as valid fishery ordinances enacted by the municipal/city council. The management of contiguous fishery resources such as bays which straddle several municipalities, cities or provinces, shall be done in an integrated manner, and shall not be based on political subdivisions of municipal waters in order to facilitate their management as single resource systems. The LGUs which share or border such resources may group themselves and coordinate with each other to achieve the objectives of integrated fishery resource management. The Integrated Fisheries and Aquatic Resources Management Councils (FARMCs) established under Section 76 of this Code shall serve as the venues for close collaboration among LGUs in the management of contiguous resources. Sec17: Grant of Fishing Privileges in Municipal Waters. — The duly registered fisherfolk organizations/cooperatives shall have preference in the grant of fishery rights by the Municipal/City Council pursuant to Section 149 of the Local Government Code: Provided, That in areas where there are special agencies or offices vested with jurisdiction over municipal waters by virtue of special laws creating these agencies such as, but not limited to, the Laguna Lake Development Authority and the Palawan Council for Sustainable Development, said offices and agencies shall continue to grant permits for proper management and implementation of the aforementioned structures. Sec18: Users of Municipal Waters. — All fishery related activities in municipal waters, as defined in this Code, shall be utilized by

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER municipal fisherfolk and their cooperatives/organizations who are listed as such in the registry of municipal fisherfolk. The municipal or city government, however, may, through its local chief executive and acting pursuant to an appropriate ordinance, authorize or permit small and medium commercial fishing vessels to operate within the ten point one (10.1) to fifteen (15) kilometer area from the shoreline in municipal waters as defined herein, provided, that all the following are met: a. no commercial fishing in municipal waters with depth less than seven (7) fathoms as certified by the appropriate agency; b. fishing activities utilizing methods and gears that are determined to be consistent with national policies set by the Department; c. prior consultation, through public hearing, with the M/CFARMC has been conducted; and d. the applicant vessel as well as the shipowner, employer, captain and crew have been certified by the appropriate agency as not having violated this Code, environmental laws and related laws. In no case shall the authorization or permit mentioned above be granted for fishing in bays as determined by the Department to be in an environmentally critical condition and during closed season as provided for in Section 9 of this Code. Sec19: Registry of Municipal Fisherfolk. — The LGU shall maintain a registry of municipal fisherfolk, who are fishing or may desire to fish in municipal waters for the purpose of determining priorities among them, of limiting entry into the municipal waters, and of monitoring fishing activities an/or other related purposes: Provided, That the FARMC shall submit to the LGU the list of priorities for its consideration. Such list or registry shall be updated annually or as may be necessary, and shall be posted in barangay halls or other strategic locations where it shall be open to public inspection, for the purpose of validating the correctness and completeness of the list. The LGU, in consultation with the FARMCs, shall formulate the necessary mechanisms for inclusion or exclusion procedures that shall be most beneficial to the resident municipal fisherfolk. The FARMCs may likewise recommend such mechanisms. The LGUs shall also maintain a registry of municipal fishing vessels by type of gear and other boat particulars with the assistance of the FARMC. Sec20: Fisherfolk Organizations and/or Cooperatives. — Fisherfolk organizations/cooperatives whose members are listed in the registry of municipal fisherfolk, may be granted use of demarcated fishery areas to engage in fish capture, mariculture and/or fish farming: Provided, however, That an organization/cooperative member whose household is already in possession of a fishery right other than for fish capture cannot enjoy the fishing rights granted to the organization or cooperative. Sec21: Priority of Resident Municipal Fisherfolk. — Resident municipal fisherfolk of the municipality concerned and their

CA VE AT:

- 65 organizations/cooperatives shall have priority to exploit municipal and demarcated fishery areas of the said municipality.

Sec22: Demarcated Fishery Right. — The LGU concerned shall grant demarcated fishery rights to fishery organizations/cooperatives for mariculture operation in specific areas identified by the Department. Sec23: Limited Entry Into Overfished Areas. — Whenever it is determined by the LGUs and the Department that a municipal water is overfished based on available data or information or in danger of being overfished, and that there is a need to regenerate the fishery resources in that water, the LGU shall prohibit or limit fishery activities in the said waters. Sec24: Support to Municipal Fisherfolk. — The Department and the LGUs shall provide support to municipal fisherfolk through appropriate technology and research, credit, production and marketing assistance and other services such as, but not limited to training for additional/supplementary livelihood. Sec25: Rights and Privileges of Fishworkers. — The fishworkers shall be entitled to the privileges accorded to other workers under the Labor Code, Social Security System and other benefits under other laws or social legislation for workers: Provided, That fishworkers on board any fishing vessels engaged in fishing operations are hereby covered by the Philippine Labor Code, as amended. STD Prevention and Treatment: General Comment (Part 2) It is a myth that one may acquire "immunity" to STDs. Two other myths are that one cannot have more than one STD at once (you can have many at once), and that one needs to have multiple partners to acquire an STD (one is sufficient). HIV and hepatitis may be spread through sharing drug or steroid needles with someone who is infected. In many cities, such as Seattle, one may go to a needle exchange program for clean needles. However, the best approach to the needle problem if you're an injecting drug or steroid user is to obtain a supply of sterile syringes and needles for yourself, and NEVER use a rig that has been used by somebody else. It is true that you can clean somebody else's works, but if you need a fix you may not be willing to sit through the sterilization procedure, which takes time. However, if using clean equipment is not an option, the following procedure may be used. Pour 100% bleach (i.e. Clorox) into a container and repeatedly (3-4 times) draw the bleach into the needle up to the top of the plunger, keep it there for a few minutes, and then eject it down a drain (you can alternatively just take your rig apart and soak it in 100% bleach for about 10 minutes). After this step, rinse everything in cold running water fora few minutes. If a cooker is used, wipe it with a bleach-soaked cotton ball, and then rinse the cooker with cold water and discard the cotton. Never share any of the water,

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER bleach, or cotton once it has been used during this procedure with someone else. (end) Basic Services and Facilities Sec17: Basic Services and Facilities. – (c) 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. Local government units shall likewise exercise such other powers and discharge such other functions and responsibilities as are necessary, appropriate, or incidental to efficient and effective provision of the basic services and facilities enumerated herein. (d) Such basic services and facilities include, but are not limited to, the following: (1) For a Barangay: (i) Agricultural support services which include planting materials distribution system and operation of farm produce collection and buying stations; (ii) Health and social welfare services which include maintenance of barangay health center and day-care center; (iii) Services and facilities related to general hygiene and sanitation, beautification, and solid waste collection; (iv) Maintenance of katarungang pambarangay; (v) Maintenance of barangay roads and bridges and water supply systems (vi) Infrastructure facilities such as multipurpose hall, multipurpose pavement, plaza, sports center, and other similar facilities; (vii) Information and reading center; and (viii) Satellite or public market, where viable; (2) For a municipality: (i). Extension and on-site research services and facilities related to agriculture and fishery activities which include dispersal of livestock and poultry, fingerlings, and other seeding materials for aquaculture; palay, corn, and vegetable seed farms; medicinal plant gardens; fruit tree, coconut, and other kinds of seedling nurseries; demonstration farms; quality control of copra and improvement and development of local distribution channels, preferably through cooperatives; interbarangay irrigation system; water and soil resource utilization and conservation projects; and enforcement of fishery laws in municipal waters including the conservation of mangroves; (ii). Pursuant to national policies and subject to supervision, control and review of the DENR,

CA VE AT:

(iii).

(iv).

(v).

(vi). (vii).

(viii).

(ix).

- 66 implementation of community-based forestry projects which include integrated social forestry programs and similar projects; management and control of communal forests with an area not exceeding fifty (50) square kilometers; establishment of tree parks, greenbelts, and similar forest development projects; Subject to the provisions of Title Five, Book I of this Code, health services which include the implementation of programs and projects on primary health care, maternal and child care, and communicable and non-communicable disease control services; access to secondary and tertiary health services; purchase of medicines, medical supplies, and equipment needed to carry out the services herein enumerated; Social welfare services which include programs and projects on child and youth welfare, family and community welfare, women's welfare, welfare of the elderly and disabled persons; community-based rehabilitation programs for vagrants, beggars, street children, scavengers, juvenile delinquents, and victims of drug abuse; livelihood and other pro-poor projects; nutrition services; and family planning services; Information services which include investments and job placement information systems, tax and marketing information systems, and maintenance of a public library; Solid waste disposal system or environmental management system and services or facilities related to general hygiene and sanitation; Municipal buildings, cultural centers, public parks including freedom parks, playgrounds, and sports facilities and equipment, and other similar facilities; Infrastructure facilities intended primarily to service the needs of the residents of the municipality and which are funded out of municipal funds including, but not limited to, municipal roads and bridges; school buildings and other facilities for public elementary and secondary schools; clinics, health centers and other health facilities necessary to carry out health services; communal irrigation, small water impounding projects and other similar projects; fish ports; artesian wells, spring development, rainwater collectors and water supply systems; seawalls, dikes, drainage and sewerage, and flood control; traffic signals and road signs; and similar facilities; Public markets, slaughterhouses and other municipal enterprises;

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER (x). (xi).

(3)

Public cemetery; Tourism facilities and other tourist attractions, including the acquisition of equipment, regulation and supervision of business concessions, and security services for such facilities; and (xii). Sites for police and fire stations and substations and the municipal jail; For a Province: A

and on-site research services and facilities which include the prevention and animal pests and diseases; dairy farms, livestock markets, animal breeding al insemination centers; and assistance in the organization of farmers' and tives and other collective organizations, as well as the transfer of appropriate

nd development services, as well as the transfer of appropriate technology;

P policies and subject to supervision, control and review of the DENR, enforcement ed to community-based forestry projects, pollution control law, small-scale mining on the protection of the environment; and mini-hydro electric projects for local S

ons of Title Five, Book I of this Code, health services which include hospitals and services;

S s which include pro grams and projects on rebel returnees and evacuees; relief ulation development services; P rovincial jails, freedom parks and other public assembly areas, and other similar

I s intended to service the needs of the residents of the province and which are ncial funds including, but not limited to, provincial roads and bridges; interks, drainage and sewerage, flood control, and irrigation systems; reclamation facilities; P ts for low-cost housing and other mass dwellings, except those funded by the stem (SSS), Government Service Insurance System (GSIS), and the Home l Fund (HDMF): Provided, That national funds for these programs and projects allocated among the regions in proportion to the ratio of the homeless to the I

ervices, including access to credit financing; U

rnization of tax information and collection services through the use of computer are and other means; I

ommunications services, subject to national policy guidelines; and T and promotion programs; (4)

CA VE AT:

- 67 Notwithstanding the provisions of subsection (b) hereof, public works and infrastructure projects and other facilities funded by the national government under the annual General Appropriations Act, other special laws, pertinent executive orders, and those wholly or partially funded from foreign sources, are not covered under this Section, except in those cases where the local government unit concerned is duly designated as the implementing agency for such projects, facilities, programs, and services. (d) The designs, plans, specifications, testing of materials, and the procurement of equipment and materials from both foreign and local sources necessary for the provision of the foregoing services and facilities shall be undertaken by the local government unit concerned, based on national policies, standards and guidelines. (e) National agencies or offices concerned shall devolve to local government units the responsibility for the provision of basic services and facilities enumerated in this Section within six (6) months after the effectivity of this Code. As used in this Code, the term "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. (f) The national government or the next higher level of local government unit may provide or augment the basic services and facilities assigned to a lower level of local government unit when such services or facilities are not made available or, if made available, are inadequate to meet the requirements of its inhabitants. (g) The basic services and facilities hereinabove enumerated shall be funded from the share of local government units in the proceeds of national taxes and other local revenues and funding support from the national government, its instrumentalities and government-owned or -controlled corporations which are tasked by law to establish and maintain such services or facilities. Any fund or resource available for the use of local government units shall be first allocated for the provision of basic services or facilities enumerated in subsection (b) hereof before applying the same for other purposes, unless otherwise provided in this Code. (h) The Regional offices of national agencies or offices whose functions are devolved to local government units as provided herein shall be phased out within one (1) year from the approval of this Code. Said national agencies and offices may establish such field units as may be necessary for monitoring purposes and providing technical assistance to local government units. The properties, equipment, and other assets of these regional offices shall be distributed to the local government units in the region in accordance with the rules and regulations issued by the oversight committee created under this Code. (i) The devolution contemplated in this Code shall include the transfer to local government units of the records, equipment, and other assets and personnel of national agencies and offices corresponding to the devolved powers, functions, and responsibilities. (c)

For a City: All the services and facilities of the municipality and province, and in addition thereto, the following: (i). Adequate communication and transportation facilities; (ii). Support for education, police and fire services and facilities.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER

(j)

Personnel of said national agencies or offices shall be absorbed by the local government units to which they belong or in whose areas they are assigned to the extent that it is administratively viable as determined by the said oversight committee: Provided, That the rights accorded to such personnel pursuant to civil service law, rules and regulations shall not be impaired: Provided, Further, That regional directors who are career executive service officers and other officers of similar rank in the said regional offices who cannot be absorbed by the local government unit shall be retained by the national government, without any diminution of rank, salary or tenure. To ensure the active participation of the private sector in local governance, local government units may, by ordinance, sell, lease, encumber, or otherwise dispose of public economic enterprises owned by them in their proprietary capacity. Costs may also be charged for the delivery of basic services or facilities enumerated in this Section.

- 68 (c) Any subsequent change in national policies, guidelines, and standards shall be subject to prior consultation with LGUs.

Tano vs. Socrates (1997) - supra Issue: WON the ordinances enacted are valid. Held: Yes Ratio: The ordinances in question are meant precisely to protect and conserve our marine resources to the end that their enjoyment may be guaranteed not only for the present generation, but also for the generations to come. State policy also enshrined in the Constitution is the duty of the State to protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. The LGCode provision on the General Welfare Clause 1 gives flesh and blood to the right of the people to a balanced and healthful ecology.

Pimentel, p.15 Devolution of Central Govt. powers and funds are transferred directly to the provinces, cities, municipalities and barangays without any intermediary. The code also provides for effective allocation among the different LGUs of their respective powers, functions responsibilities and resources, meaning that they will not stop at any one level, but deep down to all levels of LGUs. Thus barangays exercise their powers without the need of municipal approval, nor do they get funds from the municipality but by direct allocation. 4 general powers exercised by the LGUs: 1) those expressly granted by the code 2) those implied from those expressly granted 3) those necessary, appropriate or incidental for their efficient and effective governance 4) those that are essential to the promotion of the genera welfare of their inhabitants.

Moreover, Section 5(c) of the LGC explicitly mandates that the general welfare provisions of the LGC "shall be liberally interpreted to give more powers to the local government units in accelerating economic development and upgrading the quality of life for the people of the community." One of the devolved powers enumerated in the section of the LGCode on devolution is the enforcement of fishery laws in municipal waters including the conservation of mangroves. This necessarily includes the enactment of ordinances to effectively carry out such fishery laws within the municipal waters. Both ordinances have two principal objectives: (a) (b)

Local Government Code, IRR Article24: Devolution. — (a) Consistent with local autonomy and decentralization, the provision for the delivery of basic services and facilities shall be devolved from the National Government to provinces, cities, municipalities, and barangays so that each LGU shall be responsible for a minimum set of services and facilities in accordance with established national policies, guidelines, and standards. (b) For purposes of this Rule, devolution shall mean the transfer of power and authority from the National Government to LGUs to enable them to perform specific functions and responsibilities.

CA VE AT:

to establish a "closed season" for the species of fish or aquatic animals covered therein for a period of five years to protect the coral in the marine waters of Puerto Princesa and Palawan from further destruction due to illegal fishing activities.

1

SEC. 16. General Welfare. — 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 self-reliant scientific and technological capabilities, improve public morals, enhance economic prosperity and social justice, promote full employment among their residents, maintain peace and order, and preserve the comfort and convenience of their inhabitants.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER The accomplishment of the first objective is well within the devolved power to enforce fishery laws in municipal waters, such as P.D. No. 1015, which allows the establishment of "closed seasons." The devolution of such power has been expressly confirmed in a MOA bet DA and DILG. The realization of the second objective clearly falls within both the general welfare clause of the LGCode and the express mandate to cities and provinces to protect the environment and impose appropriate penalties for acts which endanger the environment. The nexus between the activities barred by the ordinances and the prohibited acts, on the one hand, and the use of sodium cyanide, on the other, is painfully obvious. Thus, the public purpose and reasonableness of the Ordinances may not then be controverted. Petition dismissed. TRO lifted.

Laguna Lake Dev’t Authority vs. CA (1995) Facts: RA 4850 created LLDA for the purpose of environmental protection and ecology, navigational safety and sustainable development to accelerate the dev’t and balanced growth of the Laguna Lake area w/in the context of nat’l and regional plans and policies for social and econ dev’t. PD 813, EO 927 amended said RA which defined and enlarged the functions and powers of LLDA and named and enumerated the towns, cities and provinces encompassed by the term “Laguna de Bay Region.” When LGC 1991 was passed, the municipalities in the Laguna Lake Region interpreted Secs. 149(b)[1-2] and 447 (XI) to mean that it gave them the exclusive jurisdiction to issue fishing privileges w/in their municipal waters. Big fishpen operators took advantage thereby aggravating the current environmental problems and ecological stress of Laguna Lake. LLDA served notice to the general public that all fishpens and other aqua-culture structures not unregistered or has not applied for registration with the LLDA as illegal and be subject to demolition without prejudice from being criminally charged. Issue: WON the LLDA could exercise jurisdiction over the Laguna Lake and its environs insofar as the issuance of fishpen permits inspite of the passage of RA 7160 Held: Yes, yes, show Sec 4(k) of RA 4850, provisions of PD 813 and EO 927 Sec. 2 specifically provide that the LLDA shall have exclusive jurisdiction to issue permits for the use or all surface water for any projects or activities in or affecting the said region, including navigation, construction and operation of fishpens, fish enclosures and the like. On the other hand, RA 7160 has granted to the municipalities the exclusive authority to grant fishery privileges in municipal waters. The Sangguniang Bayan (SB) may grant fishery privileges

CA VE AT:

- 69 to erect fish corrals, oyster, mussels or aquatic beds or bangus fry area w/in a definite zone of the municipal waters. Thus, RA 7160 DID NOT REPEAL the aforementioned laws and DOES NOT PREVAIL over them because: 1) The repeal of laws must be clear and expressed; 2) LGC is a general law while LLDA Charter is a special law. The enactment of a later legislation w/c is a general law cant be construed to have repealed a special law unless the intent to repeal is manifest. 3) Where there is a conflict bet. a general law and a special law, the latter prevails since it shows the legislative intent more clearly than the latter. Implied repeals are not favored. Considering the reasons behind the establishment of the LLDA, there is every indication that the legislative intent is for LLDA to proceed with its mission. [ then court says it agrees with LLDA’s manifestation ] 4) The power granted to the LGUs by the LGC was clearly for revenue purposes, since it (Sec 149) is embodied in Ch 2 Bk 2 under the heading “Specific Provisions On the Taxing And Other Revenue Raising Power of LGUs”. While te power granted to the LLDA IS FOR THE PURPOSE OF EFFECTIVELY REGULATING & MONITORING activities in the Laguna Lake Region and for lake quality control and management. It does partake of the nature of police power. 5) Removal of such power will render nugatory its avowed purpose.

DGNotes: Is CAB good law? YES. But now based on the Fisheries Act which expressly provides for the same ratio as CAB LTO vs. City of Butuan (2000) Facts: Because of Art X Sec 5 of Const and Secs 129 and 133 of RA 7160, the Sangguniang Panglungsod (SP) of Butuan passed an ordinance regulating the operation of tricycles for hire w/c provided for the payment of franchise fees for the grant of the franchise of tricycles, for the registration of the vehicle and permit to drive. LTO explains that the LTFRB’s power over franchising of the tricycles had been transferred but not the LTO’s authority to register all motor vehicles and to issue driver’s license. Issue: WON LTO’s power to issue driver’s license has been devolved to LGUs Held: NO The DOTC through the LTO and LTFRB has been tasked with implementing laws pertaining to land transpo. In fine. registration and licensing functions are vested with the LTO while the franchising and regulatory responsibilities had been vested in the LTFRB. Under the LGC (Sec 458[3] {VI}) , LGUs now have the power to regulate the operation of tricycles for hire and to

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER grant franchises for its operation establish or control.

“To regulate” means to fix,

A “franchise” is a special privilege to do certain things conferred by the government. In contrast, “to register” means to record formally and exactly, to enroll, or to enter precisely in a list or the like and a “driver’s license” is the certificate w/c authorizes a person to operate a motor vehicle. The devolution of the functions of the LTFRB is aimed at curbing the accidents in national highways involving tricycles. Nevertheless, under Sec 458 (a) [3-VI] of the LGC, the LGUs power to regulate the operation of tricycles and to grant franchises for its operation is subject to DOTC guidelines. Clearly unaffected is the LTOs power under RA 4136 Sec 5 requiring the registration of all kinds of motor vehicles “used or operated on or upon any public highway” in the country. LTO is additionally charged with being the central repository and custodian of all records of all motor vehicles (Sec 4[d]{2}). The reliance of City on the broad taxing powers of the LGUs (Sec 133 LGC) is tangential. Police power and taxation, along with eminent domain are inherent powers of sovereignty which State might share with LGUs by delegation under the law. But the similarity ends there. The aim of police power is public good and welfare while Taxation focuses on the power of govt to raise revenue in order to support its existence. Although correlative, the grant of one does not mean the grant of the other. The power granted under the LGC is the power to regulate their operation and to grant franchises. The exclusionary clause contained in the tax provisions of the LGC must not be held to have had the effect of withdrawing the express power of the LTO to register all motor vehicles and to issue driver’s licenses. These functions are essentially regulatory in nature, exercised pursuant to police power of the State.

Power to Generate Revenue – to be discussed as part of PartII Sec18: Power to Generate and Apply Resources. — 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 revenues and to levy taxes, fees, and charges which shall accrue exclusively for their use and disposition and which shall be retained by them; to have a just share in national taxes which shall be automatically and directly released to them without need of further action; to have an equitable share in the proceeds from the utilization and development of the national wealth and resources within their respective territorial jurisdictions including sharing the same with the inhabitants by way of direct benefits; to acquire, develop, 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,

CA VE AT:

- 70 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.

any Eminent Domain Sec19: Eminent Domain. — A local government unit may, through its chief executive and acting pursuant to an ordinance, exercise the power of eminent domain for public use, or purpose or welfare for the benefit of the poor and the landless, upon payment of just compensation, pursuant to the provisions of the Constitution and pertinent laws: Provided, however, That the power of eminent domain may not be exercised unless a valid and definite offer has been previously made to the owner, and such offer was not accepted: Provided, further, That the local government unit may immediately take possession of the property upon the filing of the expropriation proceedings and upon making a deposit with the proper court of at least fifteen percent (15%) of the fair market value of the property based on the current tax declaration of the property to be expropriated: Provided, finally, That, the amount to be paid for the expropriated property shall be determined by the proper court, based on the fair market value at the time of the taking of the property.

Rule67, 1997 Rules of Civil Procedure EXPROPRIATION Sec1: The complaint. File: verified complaint which shall * state with certainty the right and purpose of expropriation, * describe the real or personal property sought to be expropriated join as defendants all persons owning or claiming to own, or occupying, any part thereof or interest therein, showing, so far as practicable, their separate interest. Aver in complaint if: property is owned by the Republic but occupied by private individuals, or the title is otherwise obscure or doubtful so that the plaintiff cannot with accuracy or certainty specify who are the real owners. Sec2: Entry of plaintiff upon depositing value with authorized government depositary. REQS: complaint has already been filed. due notice to the defendant deposit with the authorized government depositary an amount equivalent to the assessed value of the property for purposes of taxation to be held by such bank subject to the orders of the court.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER deposit shall be in money, unless in lieu thereof the court authorizes the deposit of a certificate of deposit of a government bank of the Republic of the Philippines. If personal property is involved, its value shall be provisionally ascertained and the amount to be deposited shall be promptly fixed by the court. After such deposit is made the court shall order the sheriff or other proper officer to forthwith place the plaintiff in possession of the property involved and promptly submit a report thereof to the court with service of copies to the parties. Sec3: Defenses and objections. Defendant has no objection or defense to the action or the taking of his property: file and serve a notice of appearance and a manifestation to that effect, specifically designating or identifying the property in which he claims to be interested, within the time stated in the summons. Thereafter, he shall be entitled to notice of all proceedings affecting the same. Defendant has any objection or defense to the filing of complaint: serve his answer within the time stated in the summons containing- specific designation or identification of the property in which he claims to have an interest, nature and extent of the interest claimed, all his objections and defenses to the taking of his property. No counterclaim, cross-claim or thirdparty complaint shall be alleged or allowed in the answer or any subsequent pleading. A defendant waives all defenses and objections not so alleged but the court, in the interest of justice, may permit amendments to the answer to be made not later than ten (10) days from the filing thereof. However, at the trial of the issue of just compensation, whether or not a defendant has previously appeared or answered, he may present evidence as to the amount of the compensation to be paid for his property, and he may share in the distribution of the award. Sec4: Order of expropriation. If the objections to and the defenses against the right of the plaintiff to expropriate the property are overruled, or when no party appears to defend as required by this Rule, the court may issue an order of expropriation payment of just compensation to be determined as of the date of the taking of the property or the filing of the complaint, whichever came first. A final order sustaining the right to expropriate the property may be appealed by any party aggrieved thereby. Such appeal, however, shall not prevent the court from determining the just compensation to be paid. Sec5: Ascertainment of compensation. Upon the rendition of the order of expropriation, the court shall appoint not more than three (3) competent and disinterested persons as commissioners to ascertain and report to the court the just compensation for the property sought to be taken Copies of the order shall be served on the parties.

CA VE AT:

- 71 Objections to the appointment filed with the court within ten (10) days from service, and shall be resolved within thirty (30) days after all the commissioners shall have received copies of the objections.

Sec6: Proceedings by commissioners. The commissioners shall assess the consequential damages to the property not taken and deduct from such consequential damages the consequential benefits to be derived by the owner from the public use or purpose of the property taken, the operation of its franchise by the corporation or the carrying on of the business of the corporation or person taking the property. But in no case shall the consequential benefits assessed exceed the consequential damages assessed, or the owner be deprived of the actual value of his property so taken. Sec7: Report by commissioners and judgment thereupon. Except as otherwise expressly ordered by the court, such report shall be filed within sixty (60) days from the date the commissioners were notified of their appointment, which time may be extended in the discretion of the court Parties have 10 days from receipt to appeal from said report. Sec8: Action upon commissioners’ report. Upon the expiration of the period of appeal, or even before the expiration of such period but after all the interested parties have filed their objections to the report or their statement of agreement therewith, the court may, after hearing, accept the report and render judgment; or may recommit the same to the commissioners for further report of facts; or it may set aside the report and appoint new commissioners; or it may accept the report in part and reject it in part; and it may make such order or render such judgment as shall secure the plaintiff’s right of expropriation, and the defendant’s right to just. Sec9: Uncertain ownership; conflicting claims. If there is uncertainty as to ownership of the property, the court may order any sum or sums awarded as compensation for the property to be paid to the court for the benefit of the person adjudged in the same proceeding to be entitled thereto. Sec10: Rights of plaintiff after judgment and payment. Upon payment by the plaintiff to the defendant of the compensation fixed by the judgment, with legal interest thereon from the taking of the possession of the property, or after tender to him of the amount so fixed and payment of the costs, the plaintiff shall have the right to enter upon the property. If the defendant and his counsel absent themselves from the court, or decline to receive the amount tendered, the same shall be ordered to be deposited in court and such deposit shall have the same effect as actual payment to the defendant. Sec11: Entry not delayed by appeal; effect of reversal. The right of the plaintiff to enter upon the property not delayed by an appeal from the judgment unless appellate court determines the plaintiff to be without the right to expropriate.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Sec12: Costs, by whom paid. The fees of the commissioners shall be taxed as a part of the costs of the proceedings. All costs, except those of rival claimants litigating their claims, shall be paid by the plaintiff, unless an appeal is taken by the owner of the property and the judgment is affirmed, in which event the costs of the appeal shall be paid by the owner. Sec13: Recording judgment, and its effect. When real estate is expropriated, a certified copy of such judgment shall be recorded in the registry of deeds of the place in which the property is situated, and its effect shall be to vest in the plaintiff the title to the real estate so described for such public use or purpose.

Barangay San Roque vs. Heirs of Pastor (2000) Facts: Petitioner filed before the MTC a Complaint to expropriate a property of the respondents. MTC dismissed on the ground of lack of jurisdiction as eminent domain is an exercise of the power to take private property for public use after payment of just compensation. RTC has exclusive original jurisdiction over the action as it is one incapable of pecuniary estimation. RTC also dismissed the Complaint holding that an action for eminent domain affected title to real property. Therefore, the value of the property would determine whether the case should be filed before the MTC or RTC. Cited retired Justice Feria’s pronouncement. Issue: Which court, MTC or RTC, has jurisdiction over cases for eminent domain or expropriation Held: RTC Sec 19(1) BP 129 provides that RTCs shall exercise exclusive original jurisdiction over all civil actions incapable of pecuniary estimation. In determining whether an action is one the subject matter of which is incapable of pecuniary estimation, the nature of the principal action or remedy sought must be ascertained first.



If it is primarily for the recovery of a sum of money, the claim is considered capable of pecuniary estimation.



If the basic issue is something other than the right to recover a sum of money, or where the money claim is purely incidental to, or a consequence of, the principal relief sought such action is deemed as having a subject matter incapable of pecuniary estimation over which the RTC have exclusive original jurisdiction.

In CAB, the primary consideration of the expropriation suit is whether the govt. has complied with the requisites for taking

CA VE AT:

- 72 property. In the main, its subject is the govt.’s exercise of eminent domain, a matter which is incapable of pecuniary estimation. The value of the property to be expropriated is indeed estimated in monetary terms but this is merely incidental to the expropriation suit. In fact, the amount is determined only after the court is satisfied with the propriety of the expropriation.

DGNotes DIFFERENCE BETWEEN EXERCISE LGU 15% of value of property required to be deposited in order to take immediate possession Formal offer required An ordinance must be enacted first by the Sanggunian

OF EMINENT DOMAIN BY: National Govt. Assessed value of the proerty required to be deposited in order to take immediate possession No formal offer required

Suguitan vs. City of Mandaluyong (2000) Facts: Sangguniang Panlungsod of Mandaluyong issued Res. No. 396 authorizing Mayor Abalos to institute expropriation proceedings over the property of Saguitan for expansion of the Mandaluyong Medical Center. Petitioners contend- City may only exercise its delegated power of eminent domain by means of an ordinance as required by Sec. 19 LGC and not by a mere resolution. Respondents contend- it validly and legally exercised its power of eminent domain. Pursuant to Art 36 Rule VI of the IRR of the LGC, a resolution is sufficient for the filing of the expropriation proceedings. An ordinance is only required in order to appropriate funds for the payment of the just compensation. Issue: WON a resolution is sufficient to authorize the filing of the expropriation complaint. Held: NO The exercise of the right of eminent domain is necessarily in derogation of private rights, and the rule in that case is that the authority is to be construed strictly. The power of eminent domain is essentially legislative in nature. However, it may be validly delegated to LGUs, other public entities and public utilities, although the scope of this delegated power is necessarily narrower and may only be exercised in strict compliance with the terms of the delegating law. The basis for the exercise of the power of eminent domain by the LGUs is Sec 19 of the LGC and it is clear that it requires an ordinance and not a resolution.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER

- 73 would be entitled to recover in any aspect of the facts or any combination of the facts alleged, if they were to be proved, then the MTD should be denied. The same liberality should be applied in the CAB where an examination of the city’s “Comment and Opposition” to the MTD leaves no room for doubt that the city had indeed made “a valid and definite order” to Cardeno as required by law. The general rule is that a MTD hypothetically admits the truth of the facts alleged in the complaint. Thus, Ordinance No. 1418 is not only incorporated into the complaint for eminent domain filed by the city, but is also deemed admitted by Cardeno.

Terms ordinance and resolution are not synonymous. ORDINANCE a law

Possesses a general and permanent character A 3rd reading is necessary

RESOLUTION merely a declaration of the sentiment or opinion of a lawmaking body on a specific matter Temporary in nature 3rd reading not necessary, unless decided otherwise by a majority of all the Sanggunian members.

Rule 67 ROC that an ordinance promulgated by the local legislative body authorizing its local chief executive to exercise the power of eminent domain is necessary prior to the filing of the complaint with the court, and not only after the court has determined the amount of just compensation. The reliance w Art 36(a) Rule VI IRR of LGC which requires only a resolution to authorize and LGU to exercise eminent domainRa 7160 , the law itself, prevails over the rule which merely seeks to implement it. The clear letter of the law is controlling and cannot be amended by a mere administrative rule issued for its implementation. Discrepancy seems to indicate a mere oversight in the wording of the IRR since Art 32 of the same Rule also requires that the chief executive of the LGU must act pursuant to an ordinance.

•

•

•

A perusal of the ordinance shows that the fact of the city’s having made a previous valid and definite offer to Cardeno is categorically stated in its 2nd whereas clause: “WHEREAS, the city government has made a valid and definite offer to purchase subject lots for the public use aforementioned but the registered owner Mrs. Merlita Cardeno has rejected such offer.” NEVERTHELESS, the dismissal of the complaint did not bar the petitioner city from filing another eminent domain case and from correcting its alleged error by the mere expedient of changing para VII.

City of Cebu vs. Apolonio (2002) Facts: • City of Cebu filed a complaint for eminent domain against the Dedamo spouses

City of Cebu vs. CA (1996) Facts: • City of Cebu filed a complaint for eminent domain against Cardeno with the RTC, seeking to expropriate parcel of land she owns. • The complaint was initiated pursuant to Resolution No. 404 and Ordinance No. 1418 of the Sangguniang Panlungsod of Cebu City, authorizing the City Mayor to expropriate the said parcel of land for the purpose of providing a socialized housing project for the landless and low-income city residents. • Cardeno filed a MTD on the ground of lack of cause of action. And failure to make a valid and definite offer. • City alleged compliance with said requirement. It was only after Cerdeno repeatedly refused their offer did they file the expropriation case. • RTC dismissed the complaint • CA affirmed and held that an allegation of repeated negotiations made with Cardeno cannot be equated with the clear and specific requirement that the city should have previously made a valid and definite offer to purchase. Issue: WON the complaint states a cause of action – YES • Though the allegations in the complaint are ambiguous, indefinite or uncertain but, nevertheless, a cause of action can, in any manner, be made out therefrom, and the plaintiff

CA VE AT:

•

•

The Dedamos filed a MTD (purpose for expropriation not for public purpose, City can just buy their lot, price offered was too low, they have no other land in Cebu). • The parties then submitted to the court an agreement wherein they declared that they have partially settled the case. • Trial court appointed 3 commissioners to determine the just compensation of the lots. o The commissioners submitted their report on the basis of which TC rendered its decision. City interposed objections to assessment by the commissioners. When must just compensation be determined? Time of actual taking or filing of complaint?

• •

The applicable law as to the point of reckoning for the determination of just compensation is Sec. 19, LGC, which expressly provides that just compensation shall be determined as of the time of actual taking. The city has misread the ruling in Napocor v. CA. It was not categorically ruled in that case that just compensation should be determined as of the filing of the complaint. It was there stated that although the general rule in determining just compensation in eminent domain is the value of the property as of the date of the filing of the complaint, the rule admits of an exception: where the SC fixed the value

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER of the property as of the date it was taken and not at the date of the commencement of the expropriation proceedings. (Case didn’t explain why this is an exception) While Sec. 4, Rule 67 provides that just compensation shall be determined at the time of the filing of the complaint for expropriation, such law cannot prevail over the LGC, which is a substantive law.

•

WON the city is bound by the compensation fixed by the commissioners – YES

•

•

More than anything else, the parties, by a solemn document freely and voluntarily agreed upon by them, agreed to be bound by the report of the commission and approved by the trial court. The agreement is a contract between the parties. It has the force of law between them and should be complied with in good faith. Furthermore, during the hearing, the city did not interpose a serious objection. It is therefore too late for the city to question the valuation now without violating the principle of equitable estoppel.

Province of Camarines Sur vs. CA (1993) Facts: The Sangguniang Panlalawigan passed resolution No. 129, authorizing the Provincial Governor to purchase or expropriate property contiguous to the provincial capital site, in order to establish a pilot farm and a housing project for provincial government employees Governor Villafuerte filed two separate cases for expropriation against Ernesto & Efren San Joaquin. The San Joaquins moved to dismiss the complaints on the ground of inadequacy of the price offered for their property. The TC denied the motion Solicitor General: under Section 9 of the LGC, there was no need for the approval by the Office of the president of the exercise by the Sangguniang Panlalawigan of the right of eminent domain  but Province must first secure the approval of the DAR of the plan to expropriate the lands of petitioners for use as a housing project (Section 65 of RA 6657: Comprehensive Agrarian Reform Law requires the approval of the DAR before a parcel of land can be reclassified from an agricultural t a non-agricultural land Issue1: WON the expropriation is for a public purpose or public use Held: YES 1. New concept of public use: means public advantage, convenience or benefit, which tends to contribute to the general welfare and the prosperity of the whole community, like a resort complex for tourists or housing projects

CA VE AT:



- 74 -

old concept: condemned property must actually be used by the general public (roads, bridges, public plazas) before the taking thereof could satisfy the constitutional requirement of public use

2. establishment of pilot development center would inure to the direct benefit and advantage of the people of the province Issue: Whether the expropriation of agricultural lands by LGUs is subject to the prior approval of the Secretary of Agrarian Reform, as the implementor of the agrarian reform program. Held: NO 1. section 9 of BP 337 does not intimate in the least that LGUs must first secure the approval of the Department of Land reform for the conversion of lands before they can institute the necessary expropriation proceedings. 2. No provision in CARL which subjects the expropriation of agricultural lands by LGUs to the control of the DAR. 3. rules on conversion of agricultural lands found in Section 4 (k) and 5 (1) of Executive Order No. 129-A, Series of 1987 cannot be the source of the authority of the DAR to determine the suitability of a parcel of agricultural land for the purpose to which it would be devoted by the expropriating authority. Said rules merely vest on the DAR the exclusive authority to approve or disapprove conversions of agricultural lands for residential, commercial or industrial uses, such authority is limited to the applications for reclassification submitted by the land owners or tenant beneficiaries. 5. Ordinarily, it is the legislative branch of the local government unit that shall determine whether the use of the property sought to be expropriated shall be public, the same being an expression of legislative policy. 

courts defer to such legislative determination and will intervene only when a particular undertaking has no real or substantial relation to the public use

6. fears of private respondents that they will be paid on the basis of the valuation declared in the tax declarations of their property, are unfounded. 

This Court has declared as unconstitutional the Presidential Decrees fixing the just compensation in expropriation cases to be the value given to the condemned property either by the owners or the assessor, whichever was lower



Municipality of Talisay v. Ramirez: the rules for determining just compensation are those laid down in Rule 67 of the Rules of Court, which allow private respondents to submit evidence on what they consider shall be the just compensation for their property.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER

- 75 inseparable transaction involving the development of the 808 hectares tourism complex.

Heirs of Ardona vs. Reyes (1983) Facts: * The Philippine Tourism Authority wishes to expropriate 282 h. of land for development into integrated complexes of areas with potential tourist value. * The defendant filed a motion to dismiss on grounds of Public Use. They contend that the land is already for land reform and that it should seek the approval of the Court of Agrarian Relations. * CFI granted writs of possession. * Petitioners brought instant petition before SC to enjoin execution. Issue1: WON there is non-compliance with the “public use” requirement under the eminent domain provision of the Bill of Rights Held1: NO. the state’s power of eminent domain extends to the expropriation of land for tourism purposes although this specific objective is not expressed in the Constitution • The policy objective of the framers can be expressed only in general terms such as social justice, local autonomy, conservation and development of the national patrimony, public interest, and general welfare among others. To include specific programs like tourism as express constitutional provisions would make the Constitution more prolix than a bulk code and would require the framers to be impossibly prescient. The particular mention in the Constitution of agrarian reform, among others, merely underscores the magnitude of the problems sought to be remedied by these programs. They do not preclude nor limit the exercise of the power of eminent domain for such purposes like tourism and other development programs. • The concept of public use is not limited to traditional purposes. The idea that “public use is strictly limited to clear cases of “use by the public” has been discarded. Issue2: WON there is disregard of the land reform nature of the property being expropriated Held2: NO 1. land being developed into a tourism complex consists of more than 808 hectares, almost all of which is not affected by the land reform program 2. the portion being expropriated consists of hilly and unproductive land where even subsistence farming of crops other than rice and corn can hardly survive 3. Only 8,970 square meters of 283 hectares affected is part of the operation land transfer 4. this 8,970 square meters is not even within the sports complex proper but form parts of the 32 hectares resettlement area 5. of the 40 defendants, only 2 have emancipation patents for the less than one hectare of land affected Under the facts of this petition, there is no need to rule on whether one public purpose is superior or inferior to another purpose or engage in a balancing of competing public interests. Petitioners have failed to overcome the showing that the taking of the 8,970 square meters covered by the Operation Land Transfer forms a necessary part of an

CA VE AT:

Issue3: WON there is impairment of obligations of contracts Held3: Invocation of the contracts clause has no merit • The non-impairment clause has never been a barrier to the exercise of police power and likewise eminent domain. Parties by entering into contracts may not estop the legislature from

DGNotes: SC held that the power of eminent domain of LGUs is more superios than land reformSIR: Duh? Land reform is constitutionally mandated. Tourism, creation of parks, etc are not. Filstream International Inc. vs. CA (1998) Facts: I. Ejectment Filstream is the owner of parcels of land in Tondo. It instituted ejectment proceedings against the occupants of the land and was able to obtain a judgment from the MTC ordering the occupants to vacate the premises & to pay back rentals. RTC & CA affirmed. Ejectment order was never effected. Later, the city wanted to expropriate the land by virtue of an ordinance which was questioned by petitioner since there is already a judgment in their favor and also, the price offered was too low, the ordinance was without hearing and there is no certification of municipal funds available. Contentions were denied. Filstream wanted to demolish the place but the occupants were able to secure an injunction. The case was reshuffled and the order of demolition was granted. CA issued an injunction again. Filstream filed a petition questioning the injunction. SC HELD: Procedural – Did the court put too much weight on procedure? Yes. What it should have done was to allow a clearer copy of the petition to be submitted and not dismiss the case outright.. This amounted to a deprivation of property without due process as this was an expropriation proceeding. Substantive Filstream claims: ownership & existence of a final & executory judgment against the occupants vs. Occupants claim: supervening event (expropriation proceedings) rendering the enforcement of Filstream’s rights moot 1) Manila has an undeniable right to exercise its power of eminent domain w/in its jurisdxn (§19 LGC). It has the power to expropriate private property in pursuit of its urban land reform & housing program (§§3,100 of RA 409 - Revised Charter of the City of Manila) In Phil. Columbian Association v Panis, the SC has upheld the City of Manila’s right to exercise these prerogatives notwithstanding the

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER existence of a final & executory judgment over the property to be expropriated. 2) Nevertheless, LGUs are not given unbridled authority when exercising their power of eminent domain  subject to:

a.

basic rules in the Consti: due process (Art 3 §1), equal protection (Art 3 §1), just compensation (Art 3 §9)

b.

§19 of LGC “An LGU may…exercise the power of eminent domain…pursuant to the provisions of the Constitution & pertinent laws”. ↓

3) The governing law that deals with the subject of expropriation for purposes of urban land reform & housing is RA 7279 (Urban Development & Housing Act of 1992), §92 and §103 of which set out the limitations with respect to the order of priority in acquiring private lands & in resorting to expropriation proceedings as a means to acquire the same. HERE  There is no showing that the City of Manila complied with §§9,10. Filstream’s properties were expropriated without any showing that resort to other modes of acquiring lands listed in §9 have proved futile. The State has a paramount interest in exercising its power of eminent domain for the general good…however…individual rights affected by the exercise of such right are also entitled to protection….vigilance over compliance with due process requirements is in order. Petitions granted. CA resolutions reversed & set aside. City of Manila vs. Serrano (2001) Facts:

•

City Council of Manila enacted Ordinance No. 7833, authorizing the expropriation of certain properties in Manila's

2

Sec. 9. Priorities in the Acquisition of Land. — Lands for socialized housing shall be acquired in the following order: (a) Those owned by the Government or any of its subdivisions, instrumentalities, or agencies, including government-owned or -controlled corporations and their subsidiaries; (b) Alienable lands of the public domain; (c) Unregistered or abandoned and idle lands; (d) Those within the declared Areas for Priority Development, Zonal Improvement Program sites, and Slum Improvement and Resettlement Program sites which have not yet been acquired; (e) Bagong Lipunan Improvement of Sites and Services or BLISS sites which have not yet been acquired; and (f) Privately-owned lands [last in the order of priority] 3

Sec. 10. Modes of Land Acquisition. — The modes of acquiring lands for purposes of this Act shall include, among others, community mortgage, land swapping, land assembly or consolidation, land banking, donation to the Government, joint-venture agreement, negotiated purchase, and expropriation: Provided, however, That expropriation shall be resorted to only when other models of acquisition have been exhausted…

CA VE AT:

• •

- 76 First District in Tondo  to be sold and distributed pursuant to Land Use Development Program of the City of Manila City filed an amended complaint for expropriation against present owners of lot  the Serranos, children of Demetria. CA held that Lot 1-C is not exempt from expropriation as it exceeds 300 square meters. However, citing Filstream, the other modes of acquisition of land enumerated in Sections 9 and 10were not shown to have been resorted to by the city

I. Petitioner contends that the CA erroneously presumed that Lot 1C has been ordered condemned in its favor when the fact is that the order of the trial court merely authorized the issuance of the writ of possession and petitioner's entry pursuant to Rule 67. At that stage, it was premature whether the requirements of section 9 and 10 have been complied with since no evidentiary hearing had yet been conducted by the trial court. SC: Contention well taken (YEEEEY!!!) Citing Rule 67 section 2, SC ruled that a writ of execution may be issued by a court upon a filing by the government of a complaint for expropriation sufficient in form and substan.ce and upon deposit made by the government of the amount equivalent to the assessed value of the property. Upon compliance, the issuance of the writ becomes ministerial. CA erroneously applied Filstream ruling. In that case, such ruling was necessitated because an order of condemnation has already been issued by the trial court. Hence, the judgment of the TC in Filstream case was already final. In CAB, the TC has not yet gone beyond the issuance of the writ of possession. Hearing is s till to be held to determine WON petitioner complied with the requirements provided in RA 7279. HENCE, CA ruling REVERSED, TC order REINSTATED, case REMANDED to the trial court for further proceedings.

DGNotes: Its not that Filstream does not apply, its just that its application was premature. WON Secs. 9 & 10 were complied with still has to be determined. City of Mandaluyong vs. Aguilar (2001) Facts: • Subject of expropriation: 3 adjoining parcels of land leased out to tenants by Aguilars • 1983: lots were classified by Resolution No 125 of the Board of the Housing and Urban Development Coordinating Council as an area for priority development for urban land reform, pursuant to Proclamation Nos 1967 and 2284 of then President Marcos. • Tenants offered to purchase the land but respondents refused • 1996: Sangguniang Panlungsod of Mandaluyong, upon petition of an association of tenants (Kapitbisig) adopted Resolution No. 516 -S96 authorizing Mayor Abalos to initiate

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER action for expropriation and construction of medium-rise condominium Mayor Abalos sent a letter to Aguilars offering to purchase, Aguilars did not answer. August 1997, petitioner City of Mandaluyong filed with the RTC of Pasig a complaint for expropriation Trial court dismissed the complaint: City moved for Recon, denied.

• • • •

ISSUE: WON the trial court erred in upholding respondents' contention that they qualify as small property owners and are thus exempt from expropriation. Main Argument of Petitioner: The size of the lots in litigation does not exempt the same from expropriation in view of the fact that the said lots have been declared to be within the Area for Priority Development (APD) of Mandaluyong by virtue of Proclamation No 1967 as amended by Proc No. 2284 in relation to PD 15 17 (Urban Land Reform Act. These authorize Mandaluyong to expropriate the property ipso facto, regardless of area of land. SC: No, trial court did not err. Petition Denied

• •

under section 9 of the UDHA (see law) , the lots in litigation are privately owned and therefore last in the order of priority acquisition. However, the lots are also declared APD which is 4th in the order of priority. Now, section 9 (which speaks of priorities in acquisition) should be read in connection with section 10 (see law) which provides for the modes of land acquisition. The acquisition of the lands must be made subjects to the modes and conditions set forth in section 10.

1.

Petitioner claims that it had faithfully observed the modes of land acquisition SC: City, however, failed to state with particularity that it exhausted the other modes of acquisition. City alleged only one mode of acquisition: negotiated purchase. City claims the exercise of the power of eminent domain is not anymore conditioned on the size of the land. SC: the UDHA introduced a limitation on the size of land sought to be expropriated for socialized housing. It exempted "small property owners" as defined in the law (see law again for definition, Section 3(q) )

- 77 -

a.

It should be noted that the property in question where originally 2 residential lots. Respondents acquired properties from their parents through intestate succession. In 1986, they agreed to an extrajudicial partition. This was only effected in 1998. Coming from this background, petitioner contends that respondents partitioned the property in bad faith, being made 6 months after the complaint for expropriation was filed. SC held: No, partition was done in good faith. When the siblings inherited the properties, they are considered as co-owners. The right of the co-owners to have the property partitioned cannot be questioned, as "no co-owner shall be obliged to remain in the coownership" (Art 494, Civil Code). The partition was a necessary incident of the co-ownership. Absent any evidence to the contrary, partition is presumed to have been done in good faith. b.

Upon partition, siblings received the following: Francisco, Thelma, Rodolfo and Antonio: each with 300 square meters Virginia: 89 Eusebio: 347 SC: ops! Eusebio's share exceeds 300 sq meters! However, Eusebio died in 1995 survived by 5 children. When there are several co-owners and some of them die, the heirs of those who die, with respect to that part belonging to the deceased, become also co-owners also of that property. So 347 / 5 = 69.4 sq meters. SC's discussion on the second element: Antonio Aguilar himself testified that that he and other co-owners of the property do not reside in the lots in question but in their ancestral home in Paco, Manila. Nonetheless, records do not show that the ancestral home and the land on which it stands are owned by respondents. City of Mandaluyong did not present any title or proof of this fact. Hence, Petition denied.

Bardillon vs. Masili (2003)

2.

3.

SC then talks to itself out loud… question now is whether respondents qualify as small property owners? And SC held, yes they are! (oooohh…)

Two elements of "small property owner" definition: 1) Those owners of real property consists of residential lands with an area of not more than 300 sq meters in highly urbanized cities (800 in other urban cities) 2) That they do not own real property other than the same. Both these elements are possessed by respondents! (aaaaahh…) SC's Discussion on the first element:

CA VE AT:

Facts: Brgy. Masili in Calamba, Laguna filed 2 complaints for eminent domain for the purpose of expropriating a parcel of land within Brgyy Masili, owned by Bardillon for the purpose of providing Bargy. Masili a multi-purpose hall for the use and benefit of its constituents. First complaint was filed at MTC after the failure of Brgy. Masili to reach an agreement with Bardillon on the purchase offer of P200,000. – DISMISSED Second complaint for eminent domain was filed at RTC seeking the expropriation of the said lot for the same purpose. Bardillon opposed by Motion to Dismiss, alleging that it violated Section 19(f) of Rule 16 in that cause of action is barred by prior judgment, pursuant to the doctrine of res judicata.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER RTC: Denied MTD. Held that MTC which ordered the dismissal of 1st complaint has no jurisdiction over the said expropriation proceeding. Issued Order in favor of Brgy. Masili. CA: RTC did not commit grave abuse of discretion in issuing the assailed Orders. 2nd Complaint was not barred by res judicata since MTC had no jurisdiction over the action. 1. WON the MTC had jurisdiction over the expropriation case Held: An expropriation suit does not involve the recovery of a sum of money. Rather, it deals with the exercise by the government of its authority and right to take property for public use As such, it is incapable of pecuniary estimation and should be filed with the regional trial courts. The primary consideration in an expropriation suit is whether the government or any of its instrumentalities has complied with the requisites for the taking of private property. Hence, the courts determine the authority of the government entity, the necessity of the expropriation, and the observance of due process. The value of the property to be expropriated is estimated in monetary terms and the court is duty-bound to determine the just compensation for it. This, however, is merely incidental to the expropriation suit. Indeed, that amount is determined only after the court is satisfied with the propriety of the expropriation. An expropriation suit is within the jurisdiction of the RTC regardless of the value of the land, because the subject of the action is the government’s exercise of eminent domain -- a matter that is incapable of pecuniary estimation. 2. whether the dismissal of that case before the MTC constituted res judicata Held: Res judicata literally means a matter adjudged, judicially acted upon or decided, or settled by judgment. It provides that a final judgment on the merits rendered by a court of competent jurisdiction is conclusive as to the rights of the parties and their privies; and constitutes an absolute bar to subsequent actions involving the same claim, demand or cause of action. Requisites of res judicata: the former judgment must be final; the court that rendered it had jurisdiction over the subject matter and the parties; it is a judgment on the merits; and there is -- between the first and the second actions -- an identity of parties, subject matter and cause of action. Since the MTC had no jurisdiction over expropriation proceedings, the doctrine of res judicata finds no application even if the Order of dismissal may have been an adjudication on the merits. 3. Whether the CA erred when it ignored the issue of entry upon the premises

CA VE AT:

- 78 Held: The requirements for the issuance of a writ of possession in an expropriation case are expressly and specifically governed by Section 2 of Rule 67 of the 1997 Rules of Civil Procedure. On the part of LGU’s, expropriation is also governed by Sec 19 of the LGCode. In expropriation proceedings, the requisites for authorizing immediate entry are as follows: the filing of a complaint for expropriation sufficient in form and substance; and the deposit of the amount equivalent to 15 percent of the fair market value of the property to be expropriated based on its current tax declaration. In CAB, the issuance of the Writ of Possession in favor of Brgy. Masili was proper because it had complied with the foregoing requisites. The issue of the necessity of the expropriation is a matter properly addressed to the RTC in the course of the expropriation proceedings. If petitioner objects to the necessity of the takeover of her property, she should say so in her Answer to the Complaint. The RTC has the power to inquire into the legality of the exercise of the right of eminent domain and to determine whether there is a genuine necessity for it. Petition denied.

Reclassification of Lands --- through an ordinance --- conversion to—residential, commercial, or industrial purposes Sec20, LGC: Reclassification of Lands. — (a) A city or municipality may, through an ordinance passed by the sanggunian after conducting public hearings for the purpose, authorize the reclassification of agricultural lands and provide for the manner of their utilization or disposition in the following cases: (1) when the land ceases to be economically feasible and sound for agricultural purposes as determined by the Department of Agriculture or (2) where the land shall have substantially greater economic value for residential, commercial, or industrial purposes, as determined by the sanggunian concerned: Provided, That such reclassification shall be limited to the following percentage of the total agricultural land area at the time of the passage of the ordinance: (1) For highly urbanized and independent component cities, fifteen percent (15%); (2) For component cities and first to the third class municipalities, ten percent (10%); and (3) For fourth to sixth class municipalities, five percent (5%): Provided, further, That agricultural lands distributed to agrarian reform beneficiaries pursuant to Republic Act Numbered Sixty-six hundred fifty-seven (R.A. No. 6657). otherwise known as "The Comprehensive Agrarian Reform Law", shall not be affected by the said reclassification and the

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER conversion of such lands into other purposes shall be governed by Section 65 of said Act. (b) The President may, when public interest so requires and upon recommendation of the National Economic and Development Authority, authorize a city or municipality to reclassify lands in excess of the limits set in the next preceding paragraph. (c) The local government units shall, in conformity with existing laws, continue to prepare their respective comprehensive land use plans enacted through zoning ordinances which shall be the primary and dominant bases for the future use of land resources: Provided. That the requirements for food production, human settlements, and industrial expansion shall be taken into consideration in the preparation of such plans. (d) Where approval by a national agency is required for reclassification, such approval shall not be unreasonably withheld. Failure to act on a proper and complete application for reclassification within three (3) months from receipt of the same shall be deemed as approval thereof. (e) Nothing in this Section shall be construed as repealing, amending, or modifying in any manner the provisions of R.A. No. 6657.

Administrative Order No.363 (Oct9, 1997) - Prescribing Guidelines For The Protection Of Areas Non-Negotiable For Conversion And Monitoring Compliance With Section 20 Of The Local Government Code Sec1. Declaration of Principles and Governing Policies A. General Principles xxx B. Governing Policies 1. The following areas shall not be subject to or non-negotiable for conversion: a. Protected areas designated under the National Integrated Protected Areas (NIPAS), including watershed and recharge areas of aquifers, as determined by the Department of Environment and Natural Resources (DENR), pursuant to RA 7586 (1992); b. All irrigated lands, as delineated by the Department of Agriculture (DA) and/or the National Irrigation Administration (NIA) and approved by the President, where water is available to support rice and other crop production, and all irrigated lands where water is not available for rice and other crop production but are within areas programmed for irrigation facility rehabilitation by the DA and the NIA, pursuant to Presidential Administrative Order 20 (1992); and c. All irrigable lands already covered by irrigation projects with firm funding commitments, as delineated by the DA and/or NIA and approved by the President. For this purpose, the Network of Protected Areas for Agriculture (as of 1991), as determined by the DA and/or NIA shall serve as guide in determining non-negotiable areas. The Network may only be revised upon the approval of the President, upon favorable recommendation by the Cabinet Cluster on AgroIndustrial Development.

CA VE AT:

- 79 In all cases, applications for conversion involving lands protected from and non-negotiable for conversion shall not be given due course by the DAR.

2. The following areas shall be highly restricted from conversion: a. Lands classified as 'Highly Restricted from Conversion' in the Network of Protected Areas for Agriculture as delineated by the DA, as follows: a.1 Irrigable lands not covered by irrigation projects with firm funding commitments; a.2 Agro-industrial croplands, or lands presently planted to industrial crops that support the economic viability of existing agricultural infrastructure and agrobased enterprises; and a.3 Highlands, or areas located in elevations of 500 meters or above and have the potential for growing semitemperate and usually high value crops. b. Lands issued a Notice of Acquisition/Valuation under the agrarian reform program or subject of a perfected agreement between the landowner and the beneficiaries under Voluntary Land Transfer (VLT) or Direct Payment Scheme (DPS) under CARP, as determined by the DAR; and c. Areas identified as environmentally critical as determined by the DENR, pursuant to PD 1586 (1978) and its implementing rules and regulations; Lands classified as highly restricted from conversion may be converted only upon compliance with existing laws, rules and regulations. An additional requirement of the social benefit cost analysis approved by the DA shall also be required before these lands may be approved for conversion. Applications for conversion covering areas under 2 (c) above shall be subject to the Environmental Impact Assessment (EIA) and/or Environmental Compliance Certificate (ECC) of the DENR. 3. Conversion of priority areas under Executive Order 124 (1993), as identified below, falling within the areas highly restricted from conversion may be allowed and the social benefit cost analysis for these areas may be waived; PROVIDED that the requirement of an EIC or ECC shall always be required; PROVIDED FURTHER that in no case shall conversion be allowed if these sites fall under those classified as nonnegotiable areas: a. specific sites in regional agri-industrial centers/regional industrial centers (RAICs/RICs) identified by the Department of Trade and Industry (DTI) and the Department of Agriculture (DA), attached as Annex A; b. tourism development areas (TDAs) identified by the Department of Tourism (DOT), attached as Annex B; and c. sites identified by the local government units (LGUs) for socialized housing. 4. In all cases, farmers or prospective beneficiaries of the agrarian reform program affected by the conversion shall be paid sufficient disturbance compensation. In addition, the owners and or developers of the land shall be encouraged to provide capital

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER which will enable the affected farmers and other legitimate stakeholders to shift to another livelihood, skills training, relocation sites, and priority in employment for them and their children. Investment arrangements which give affected farmers and other legitimate stakeholders a stake in the development of the land, such as, but not limited to, joint ventures and partnerships, shall also be encouraged. 5. No application for reclassification by LGUs shall be given due course by HLURB without the approved Comprehensive Land Use Plan approved by the HLURB for provinces, highly urbanized cities, independent component cities and the cities and municipalities of Metropolitan Manila, or the Sangguniang Panlalawigan for component cities and municipalities, after 1 January 1989. The following requirements or certifications from various agencies shall also be required: a. Certification from the local HLURB specifying the total area of zoned agricultural lands in the local government concerned based on the approved Comprehensive Land Use Plan or Zoning Ordinance prior to the application for conversion; b. Certification from the NIA that the area to be reclassified is not covered under Presidential A.O. 20, s. 1992; c. Certification from the DAR indicating that such lands are not distributed or covered by a Notice of Valuation under CARP; and d. Certification from DENR that the area applied for reclassification has been classified as alienable and disposable, and is not needed for forestry purposes in case the area applied for falls within public lands. 6. No application for conversion shall be given due course by DAR without the following certifications from various agencies: a. Certification of the Viability or Non Viability of Agricultural Land from the DA and that the land is not part of the area identified as non-negotiable for conversion or a certification as to whether the land is classified as highly restricted from conversion or not; b. Certification that the land does not fall under the NIPAS area or is not classified as environmentally critical from the DENR. For applications for conversion involving environmentally critical areas, the DAR may issue an Order of Conversion, subject to the issuance of an ECC by the DENR. The DENR, in coordination with the DAR, shall institute an Environmental Guarantee Fund to ensure environment protection and to provide government the financial capability to handle negative impacts of the conversion; c. Certification from the NIA stating that the area is not covered under Presidential A.O. 20, S. 1992; and d. Certification from the HLURB that the land has been reclassified and that said reclassification is within or outside the maximum allowable limits set by law. 7. In all cases, the decision of the DAR Secretary shall be appealable to the Office of the President. The President may allow the conversion of areas considered non-negotiable for conversion only upon the favorable recommendation of the Cabinet Cluster on Agro-Industrial Development; PROVIDED that where lands affected are irrigated, the owner/developer

CA VE AT:

- 80 shall be required to replace the areas affected by an equal area of irrigated lands, whether within or outside the area/locality being applied for conversion; and PROVIDED FURTHER that such conversion shall not adversely affect the irrigation system.

Sec2: Definition of Terms. — xxx Sec3: Monitoring Compliance with Sec. 20 of RA 7160. xxx Sec4: Penalties and Sanctions. — xxx Sec5: Transitory Provisions. — xxx (deleted this na kasi 1997 pa date of effectivity nito. If you guys want to check this out for intellectual growth (o para sa medal, di ba mike?) see our daily digests. 

DGNotes: CONVERSION Change in actual use of land Done with approval of DAR

CLASSIFICATION Classifying land in paper Done by Sanggunian

Classification of Sanggunian • Validity depends on compliance with requisites in Sec 20

•

LGC however, does not provide how often this can be done (sir thinks this can be used to create loopholes with respect to the requirements of the law) • Conversion is an additional safeguard for power to reclassify. Sec 20 LGC – Sanggunian may classify lands into 1. residential 2. commercial 3. industria RA 8435 (1997) - An Act Prescribing Urgent Related Measures To Modernize The Agriculture And Fisheries Sectors Of The Country In Order To Enhance Their Profitability, And Prepare Said Sectors For The Challenges Of Globalization Through An Adequate, Focused And Rational Delivery Of Necessary Support Services, Appropriating Funds Therefor And For Other Purposes Sec9: Delineation of Strategic Agriculture and Fisheries Development Zones. — The Department, in consultation with the Department of Agrarian Reform, the Department of Trade and Industry, the Department of Environment and Natural Resources, Department of Science and Technology, the concerned LGUs, the organized farmers and fisherfolk groups, the private sector and communities shall, without prejudice to the development of identified economic zones and free ports, establish and delineate, based on sound resource accounting, the SAFDZ within one (1) year from the effectivity of this Act. All irrigated lands, irrigable lands already covered by irrigation projects with firm funding commitments, and lands with existing or having the potential for growing high-value crops so delineated and included within the SAFDZ shall not be

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER converted for a period of five (5) years from the effectivity of this Act: Provided, however, That not more than five percent (5%) of the said lands located within the SAFDZ may be converted upon compliance with existing laws, rules, regulations, executive orders and issuances, and administrative orders relating to land use conversion: Provided, further, That thereafter: 1) a review of the SAFDZ, specifically on the productivity of the areas, improvement of the quality of life of farmers and fisherfolk, and efficiency and effectiveness of the support services shall be conducted by the Department and the Department of Agrarian Reform, in coordination with the Congressional Oversight Committee on Agricultural and Fisheries Modernization; 2) conversion may be allowed; if at all, on a case-to-case basis subject to existing laws, rules, regulations, executive orders and issuances, and administrative orders governing land use conversion; and, 3) in case of conversion, the land owner will pay the Department the amount equivalent to the government's investment cost including inflation. Sec11: Penalty for Agricultural Inactivity and Premature Conversion. — Any person or juridical entity who knowingly or deliberately causes any irrigated agricultural lands seven (7) hectares or larger, whether contiguous or not, within the protected areas for agricultural development, as specified under Section 6 in relation to Section 9 of this Act, to lie idle and unproductive for a period exceeding one (1) year, unless due to force majeure, shall be subject to an idle land tax of Three Thousand Pesos (P3,000.00) per hectare per year. In addition, the violator shall be required to put back such lands to productive agricultural use. Should the continued agricultural inactivity, unless due to force majeure, exceed a period of two (2) years, the land shall be subject to escheat proceedings. Any person found guilty of premature or illegal conversion shall be penalized with imprisonment of two (2) to six (6) years, or a fine equivalent to one hundred percent (100%) of the government's investment cost, or both, at the discretion of the court, and an accessory penalty of forfeiture of the land and any improvement thereon. In addition, the DAR may impose the following penalties, after determining, in an administrative proceedings, that violation of this law has been committed: a) Cancellation or withdrawal of the authorization for land use conversion; and b) Blacklisting, or automatic disapproval of pending and subsequent conversion applications that they may file with the DAR.

Department of Agrarian Reform Administrative Order No.1 (1999) - III (f) and (k), 10 NAR 398 ARTICLE III Conversion Procedures Sec8: Criteria for Conversion. — The following criteria shall guide the resolution of applications for conversion: (a) Conversion may be allowed if the land subject of application is not among those considered non-negotiable for conversion as provided in Section 4 of these Rules;

CA VE AT:

- 81 (b) Conversion may be allowed, in accordance with Section 65 of RA 6657, when the land has ceased to be economically feasible and sound for agricultural purposes; or the locality has become urbanized and the land will have greater economic value for residential, commercial, industrial or other non-agricultural purposes; (c) Conversion of lands within SAFDZs, as provided in Rule 9.5.2 of DA Administrative Order No. 6, series of 1998, shall take into account the following factors: (1) The conversion of land use is consistent with the natural expansion of the municipality or locality, as contained in the approved physical framework and land use plan; (2) The area to be converted in use is not the only remaining food production area of the community; (3) The land use conversion shall not hamper the availability of irrigation to nearby farmlands; (4) The areas with low productivity will be accorded priority for use conversion; and (5) Sufficient disturbance compensation shall be given to the farmers whose livelihoods are negatively affected by the land use conversion as provided for by existing laws and regulations. (d) Conversion may be allowed when environmental impact assessment or initial environmental examination, as may be appropriate, shall have determined that it shall not adversely affect air and water quality and the ecological stability of the area. Sec9: Who May Apply for Conversion. — The following persons may apply for conversion: (a) Owners of private agricultural lands or other persons duly authorized by the landowner; (b) Beneficiaries of the agrarian reform program after the lapse of five (5) years from award, reckoned from the date of issuance of the Certificate of Land Ownership Award (CLOA), and who have fully paid their obligations and are qualified under these Rules, or persons duly authorized by them; or, (c) Government agencies, including government-owned or controlled corporations, and local government units, which own agricultural land as their patrimonial property. Sec10: Documentary Requirements. —xxx Sec11: Filing of Application. — The procedures in applying for conversion are as follows: (a) The applicant secures application form either from the DAR Regional Office or the DAR Central Office. (b) The applicant accomplishes the application and secures/prepares the documents required under Section 10 hereof. (c) The applicant files three (3) sets of the application under oath (inclusive of original) together with the required documents before the Regional Office or the Central Office. (d) The receiving office shall review the completeness of the application. If found complete, the applicant shall be advised to pay the filing fee and post the cash bond prescribed herein. Applications with incomplete requirements shall not be accepted.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Sec12: Filing Fees. — xxx Sec13: Processing of Application. — (a) Posting of Notice for 2 by MARO upon receipt of Notice of application from central office or regional office. (b) Field Investigation to be conducted on the property on the eighth day from posting of the notice of application and shall be completed within seven (7) days from start of the inspection and the report shall be submitted within three (3) days from completion thereof. (c) Deliberation and Approval of Application on the 20 th day from posting of the notice and after completion of inspection by the Regional Office/Central Office. The recommendation on the application for conversion shall be forwarded to the Regional Director, the Undersecretary concerned, or the Secretary, as the case may be, within ten (10) days from the date of deliberation. Within ten (10) days from the submission of the recommendation, the approving authority shall resolve the application furnishing copies thereof to the applicant and the oppositors, if any. Sec14: Processing of Applications Involving Priority Development Areas. — The following steps shall be observed in the processing of applications involving RAICs/RICs, socialized housing, tourism development, and PEZA-approved ECOZONES: (a) The applicant submits the duly accomplished application form together with the supporting documents to the Regional Office/Central Office. Only applications with complete requirements shall be accepted and given due course. (b) The Regional Office/Central Office shall immediately prepare the Notice of Application and transmit the same to the DAR Municipal Office for posting. (c) The MARO posts the Notice of Application within three (3) days from receipt thereof in two (2) conspicuous places in the municipality, in the barangay(s) where the property is located, and in the property itself. (d) An ocular inspection shall be conducted by a team assigned for the purpose within five (5) days from acceptance of the application. The inspection shall be completed within three (3) days. (e) The team shall submit its report together with a draft order involving the application within three (3) days from inspection. (f) The approving authority shall resolve the application within two (2) days from receipt of the draft order. EAICTS Sec15: Cash Bond and Performance Bond. — (a) To guarantee that the application shall not undertake premature conversion pending consideration of the application and ensure faithful compliance with the conditions of the conversion order by the applicant/developer, a cash bond and a performance bond shall be required pursuant to Section 35, Chapter 6, Book IV of the Administrative Code of 1987. (b) The cash bond shall be posted upon filing of the application equivalent to two point five percent (2.5%) of the total zonal value of the land. It shall be refundable upon issuance of the order of conversion or convertible into performance bond at the applicant's option. The cash bond shall be forfeited in favor of

CA VE AT:

- 82 the government in the event actual conversion activities are conducted by the applicant prior to approval of the application. The forfeiture shall be without prejudice to the filing of criminal charges against those responsible for the premature conversion. (c) On the other hand, the performance bond shall be posted within five (5) days from issuance of the order of conversion in the form of either of the following: (i) Cash, manager's check, cashier's check, irrevocable letter of credit, bank draft equivalent to two point five percent (2.5%) of the total zonal value of the land; or (ii) Bank guarantee equivalent to five percent (5%) of the total zonal value of the land; or (iii) Surety equivalent to fifteen percent (15%) of the total zonal value of the land. The performance bond shall be in favor of DAR to guarantee the payment of the amount of security as penalty in the event it is established that the applicant/developer is in default of their obligations under the order of conversion. It shall be coterminous with the final completion of the project and shall be forfeited in favor of the government in case of violation of any of the conditions of the conversion order. Sec16: Disturbance Compensation. — (a) Disturbance compensation, in cash or in kind or both, shall be paid by the landowner or the developer, as may be appropriate, to tenants, farmworkers, as bona fide occupants to be affected by the conversion in such amounts or under such terms as may be mutually agreed upon between them and the landowner or the developer, but which shall not be less than five (5) times the average of the gross harvests on their landholding during the last five (5) preceding calendar years, pursuant to Section 36 of RA 3844, as amended by Section 7 of RA 6389, particularly in the case of tenants. (b) Compensation in kind may consist of free housing, homelots, employment, and other benefits. The DAR shall approve the terms of any agreement for the payment of disturbance compensation and monitor compliance therewith. In no case shall compliance with the terms and conditions thereof extend beyond sixty (60) days from the date of approval of the application for conversion. (c) In the event the parties do not agree on the amount of disturbance compensation, the issue may be brought by either of them before the DAR Adjudication Board for resolution pursuant to existing rules. Sec17: Role of PARC Land Use Technical Committee. — xxx

AND NO W F OR SIR’ S FAVORI TE CASE S Years later, we’re still very much upset. But before that: Fusion Sex (Part 3) The most important aspects of this apparently exquisite relationship-experience are that it is totally in the present. There are no strings attached and no future plans. The male feels sufficiently safe and accepted. He can become emotionally defenseless and allow a total flow of blocked and typically

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER controlled feelings to emerge. In most cases that I have heard of, such relationships did not gain permanence. They never had to meet the long range test of “reality.” I have also heard of a few instances of fusion sex occurring for a man who has been in a relationship with a woman for many years. Usually it seems to happen for him after a personal growth crisis which has allowed him to achieve new levels of awareness. In these periods he is able to experience new levels of trust leading to greater self-expression which then allows him to surrender himself more completely to the sexual moment and therefore to experience the ecstasy of fusion sex. The experience of fusion sex is certainly deserving of further exploration. It may very well have been experienced by men under conditions quite dissimilar to the ones outlined here, and I don’t want to imply that the dimensions I’ve discussed are the only ones. However, hearing descriptions of this experience leads me to believe that most men have not experienced nearly the ecstatic potential of their sexuality. While I am not suggesting that the male set fusion sex as a constant standard of expectation, description of the experience of fusion sex certainly do contain important implications for the untapped sexual potential of the male. (end) Fortich vs. Corona (1998) 289scra624 [notes in italics kasi daming side comments si sir] Facts: In 1991: DAR placed the 144-hectare property owned by NQSRMDC (Norberto Quisumbing S. Management and Development Corporation) under compulsory acquisition for P2.38M. Such property was leased as pineapple plantation to Del Monte for 10 yrs. NQSRMDC resisted and DARAB (DAR Adjudication Board) ordered DAR Region X Director to desist from the activity til further orders. Regional Dir ignored DARAB order and issued memorandum directing Landbank to open trust account for P2.38M in NQSRMDC and to conduct summary proceedings for the just compensation of the property. NQRSRMDC filed omnibus motion with DARAB which ordered DAR Reg. Dir to comply with the previous order and nullified the Director’s memorandum. Landbank complied with the DARAB order. In 1993: Prov’l Development Council (PDC) of Bukidnon passed Resolution 6 designating certain areas where the property is located as Bukidnon Agro-Industrial Zones. Pursuant to Sec 20 of LGCode, the Sangguniang Bayan of Sumilao, Bukidnon enacted Ordinance No. 24 converting or reclassifying the 144-hectare land from agricultural to industrial/institutional to attract investors who can provide more jobs and raise income of its people. The Ordinance was approved by Bukidnon Provincial Land Use Committee. Bukidnon provincial Board expressed support through Resolution No. 94-95

CA VE AT:

- 83 Thus, NQSRMDC file application for conversion. The said industrial area will be composed of the Development Academy of Mindanao, Bukidnon Agro-Industrial Park, Forest development and support facilities (hotels, restaurants, dorms and housing project) In 1994: DAR, thru sec. Garilao, issued an Order denying application for conversion [it was prime agricultural land!!!] and instead placed the same under compulsory coverage of CARP. It also directed its distribution to qualified beneficiaries. DAR Secretary ordered Reg. Dir. to proceed with the compulsory acquisition and distribution. Gov. Carlos Fortich appealed the order of denial to the Office of the President (OP). Pres. Asst. for Mindanao and DILG recommended the conversion of the land to the President and requested that the enforcement of the DAR Sec’s Order be put on hold. In 1995: NQSRMDC filed with CA petition for certiorari, prohibition to prevent the enforcement of DAR Secretary’s Order. CA issued Resolution ordering parties to observe status quo pending case resolution. In 1996 OP, through Executive Secretary Ruben Torres issued an Order on March 29, 1996, (OP Order ‘96 for brevity) in favor the conversion. It reversed DAR Secretary Garilao’s decision which denied the conversion.

• • • • •

conversion significant]

would

bring

about

real

development

[not

the land is not irrigated since it was for 10 yrs planted with pineapples [DAR was the fact-finding body if said land is irrigated] the notice of compulsory acquisition covering land since 1991 was null and void as land could not be subjected to such cos it was still leased to Del Monte [lease had already expired] no beneficiaries since the land was not tenanted [CLOAS were already cancelled] Sec 20 LGCode grants LGU power to re-classify land.

DAR filed motion for recon (MFR) of the OP Order ’96 on May 20, 1996. NQSRMDC discovered that title over the subject property was no longer in its name. DAR had caused the cancellation of their title in 1995 and had caused the issuance of Certificates of Land Ownership Award (CLOA) and had it registered in the name of 137 farmer-beneficiaries. In 1997 NQSRMDC filed complaint with RTC for the cancellation and annulment of title. RTC issued TRO and Writ of Prelim Injunction restraining DAR and others from occupying the said land. Meanwhile, on June 23, 1997 OP, issued an Order (OP Order ’97 for brevity) thru Sec Torres, denying MFR of DAR for having been

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER filed beyond the reglementary period of 15 days. The Order further stated that the OP Order ’96 had become final and executory. Some farmers began their hunger strike in front of DAR compound to protest the OP Order ‘96. Pres. Ramos held dialogue with them and created an 8-man Fact Finding Task Force (FFTF). OP resolved the strikers protest by issuing the “WIN-WIN” Resolution penned by Deputy exectutive Secretary Renato C. Corona. • NQSRMDC’s application for conversion is approved only for 44-hectare portion • The remaining 100 hectare suitable for agriculture is distributed to qualified farmer-beneficiaries. Gov. Fortich and NQRMDC filed petition for Certiorari in SC with TRO against Corona and DAR Sec Garilao. They argue that: • WIN-Win Resolution was a political decision prompted by the hunger strike by fake farmer beneficiaries • Corona committed grave abuse of discretion (GAOD) as the WIN-WIN Reso was patently illegal and contrary to law Corona, SolGen: • proper remedy is certiorari on appeal in CA • file motion for recon first before certiorari • NQSRMDC is guilty of forum shopping Farmer-beneficiaries filed Motion to Intervene claiming they are real parties in interest. MAIN ISSUE: WON the final executory decision of OP can still be substantially modified by the WIN-WIN resolution? – NO In appealing to OP, sec 7 of Admin Order No. 18 provides that decisions/resolutions/orders of OP become final after the lapse of 15 days from receipt of a copy thereof by the parties unless a motion for recon is filed within that period. Sec 9 provides ROC shall apply in a suppletory character. When OP issued OP Order ’97 declaring OP Order ’96 final and executory, no one has seasonably filed an MFR. Thus the OP has lost its jurisdiction to re-open the case, more so modify its decision.

(Martinez and Mendoza deny; Puno and Melo to grant MR) Motions for reconsideration (MR) by respondents and applicants for intervention seeking reversal of April24, 1998 SC Decision which: nullified “win-win” Resolution (November7, 1997) issued by the Office of the President (OP) and denied applicants’ Motion for Leave to Intervene SC struck down as void the act of OP in reopening the case (OP 96-C 6424) through issuance of “win-win” Resolution which substantially modified its March29, 1996 OP Decision that had long become final and executory – as a gross disregard of rules and basic legal precept that afford finality to administrative determinations. Same March29, 1996 OP Decision was declared by same office as final and executory in its June23, 1997 Order which denied respondent DAR’s MR of OP decision for having been filed beyond the 15-day reglementary period. SC deemed it necessary to write an extended resolution (when a minute one denying MRs with finality would have been sufficient) in view of the wide publicity and media coverage the case has generated… As to Intervention Applicants’ MR: 1. Other issues which they describe as “substantial” SC: These have thoroughly and properly been disposed of in the March OP Decision. Factual findings of admin agencies which have acquired expertise in their field are binding and conclusive. Office of President presumed competent in matters within its domain.

a.

Whether subject land is considered prime agricultural land with irrigation facility  “while it is true that there is, indeed, an agricultural facility in the area, it merely passes thru the property (as a right of way) to provide water to the ricelands located on the lower portion. Land itself is not irrigated as it was, for years, planted with pineapple by Phil. Packing Corp.

b.

Whether land has long been covered by a Notice of Compulsory Acquisition (NCA)  declared null and void by DAR Adjud. Board deciding in favor of NQSR that property could not validly be subject of compulsory acquisition until expiration of lease contract with Del Monte… and Quisumbing family has already contributed substantially…

c.

whether land is tenanted, and if not, whether the applicants for intervention are qualified to become beneficiaries thereof  there are no beneficiaries for the land is not tenanted

d.

whether the Sangguniang Bayan of Sumilao has legal authority to reclassify the land into industrial/institutional use  purpose of law granting autonomy to LGUs in the management of their local affairs and autonomy includes power to convert portions of their agricultural lands and provide for the manner of their utilization and disposition to enable them to attain their fullest development as self-reliant communities. To be sure, conversion would open great opportunities for employment and bring about real development in the area towards a sustained economic growth of the municipality.

Having lost its jurisdiction, OP has no more authority to entertain the 2nd MFR filed by DAR secretary, which 2 nd MFR became the basis for the WIN-WIN resolution. Only one MFR is allowed from the OP Order ’96 and even if a 2 nd MFR is permitted in exceptionally meritorious cases, still the 2nd MFR would not have been entertained since the 1 st MFR was not seasonably filed. Thus OP Order ’96 had lapsed into finality. The orderly administration of justice requires that the judgment/resolutions of a court of quasi-judicial body must reach a point of finality set by the law, rules and regulation. WIN-WIN Resolution is void – “a lawless thing which can be treated as an outlaw and slain at sight, or ignored wherever and whenever it exhibits its head.”

Fortich vs. Corona (Nov.17 1998) 298scra678

CA VE AT:

- 84 -

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Distributing the land to would-be beneficiaries (not even tenants, as there are none) does not guarantee such benefits 2. In the interest of justice, have mercy please… SC: Affirmation of finality of OP Decision is precisely pro-poor considering that more of the impoverished members of society will be benefited by the agro-economic development of the land. Plan was supposed to have following components: a. Development Academy of Mindanao… b. Bukidnon Agro-Industrial Park… food processing c. Forest development… open spaces and parks for recreation d. Support facilities… hotel, resto, dorm, and housing project Project was supported by Mun. of Sumilao (enacting Ord.24) and Bukidnon Prov’l Brd. on a Joint Committee Report. DTI, Bukidnon Provincial Office adopted it as one of its flagship projects… recommended by Provincial Development Council of Bukidnon, DAR municipal and regional office, Regional office of DENR which issued environmental compliance certificate… National Irrigation Admin interposed NO OBJECTION Kisolon-San Vicente Irrigators Multi Purpose Coop interposed no objection – as it will provide more economic benefits During a public consultation held, people of affected barangay rallied behind their respective officials in endorsing the project. MRs denied. Separate Opinion: PUNO – to grant MRs and remand case to CA 1. President has suspended the 15day rule.  Closer scrutiny of records reveals that the 15day rule was suspended by the President when he constituted (on Oct15, 1997 or 6months after promulgation of Torres decision) the Presidential Fact-Finding Task Force (PFTF) to conduct a comprehensive review of the proper lands use of the Sumilao property. Even though Torres had already denied 1st MR, President treated case as still open and stated in his memorandum that findings of PFTF “will be inputs to resolution of case now pending at OP.” President took cognizance of special circumstances surrounding tardy filing by DAR of its MR: DAR lawyers assigned received Torres decision only after lapse of reglementary 15-day period for appeal Copy of decision intended for them was passed from one office to another DAR would not be the only to lose a significant case because of bureaucratic lapses  President as admin head is vested by Admin Code of 1987 to promulgate rules relating to governmental operation including admin procedure, also with power to suspend its effectivity when they hamper, defeat or undermine effective enforcement of laws.  This act is also under the corollary principles of presidential power of control and qualified political agency.  This act is not arbitrary considering the fundamental issues the problem raises – conflict between land reform and the industrialization of the countryside – resolution of which would have far-reaching implications on success of land reform programs and peace or rebellion in the countryside.

CA VE AT:

- 85 -

2.

Petitioners are estopped from assailing authority of OP to reopen case and resolve it based on the report of PFTF. they participated in the process conducted by task force without raising any objection – bars them from raising any jurisdictional infirmity Petitioners (Bukidnon Governor Fortich and Sumilao Mayor Baula) were named members of task force NSQR did not question authority of President to constitute task force despite its express adherence to Torres declaration as to finality of his decision – confident that its interests would be promoted and protected by Fortich and Baula “Win-win” resolution by OP being adverse to petitioners, they now assail authority of President to modify Torres decision, but circumstances show application of estoppel. 3.

Considering special circumstances of case, it would better serve ends of justice to obtain a definitive resolution of issues in instant petition and remand to CA where jurisdiction over appeal lies, also where two or more cases involving Sumilao property is pending

DGNotes: SC doctrine: “fealty to procedure is in the bill of rights.” where in the (expletives deleted) Bill of Rights is it stated??! why are we upset? The respondents allege that the Torres decision was without legal basis. But the SC did not pass upon this allegation because (oops) they were late and missed the deadline. And why did the SC cite the Camarines case? It was never provided therein that LGUs have the power to convert. It only held that LGUs have the power to classify. Court cannot therefore use said case as a basis to say that the question regarding the power of the LGUs to convert land is no longer novel. Fortich vs. Corona (Aug.19 1999) 312scra751 Respondents and intervenors in their MR:

-

argue that Nov17, 1998 SC Resolution where vote turn-out was 2 to 2 on separate MRs of earlier April24, 1998 SC Decision  did not effectively resolve MRs inasmuch as the matter should have been referred to Court en banc (pursuant to ArtVIII, Sec4(3) of Consti)

-

assail Jan27, 1999 SC Resolution which noted without action the intervenors’ MR with Motion to Refer Matter to Court En Banc” filed on Dec3, 1998: o movants have no legal personality to further seek redress before SC after denial of their motion for leave to intervene in the April24, 1998 Decision o their subsequent MR of said decision (praying to resolve motion by Court en banc) also denied in Nov17, 1998 Resolution

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER o o

MR of Dec3, 1998 in the nature of a 2nd MR which is a forbidden motion (1997 Rules of Civil Procedure) All respondents in the case did not anymore join them in seeking reconsideration of Nov17, 1998 Resolution

1. Should the court decide en banc pursuant to Consti? SC (Ynares-Santiago as ponente): NO. [sir: why the hell is Ynares-Santiago sitting in the 2nd division?!] Careful rea0ding of ArtVIII, Sec4(3) of Consti reveals intention of framers to draw a distinction between cases and matters. Cases are “decided”, while Matters, which include motions, are “resolved.”  The word “decided” must refer to “cases”; while the word “resolved” must refer to “matters”, applying the rule of reddendo singular singulis, as is true in the interpretation of other provisions of the Constitution where these words appear. It is clear that only cases are referred to the Court en banc for decision whenever the required number of votes is not obtained. Rule does not apply where the required votes is not obtained in the resolution of MR. Hence, second sentence of the provision speaks only of “case” and not “matter”. REASON: The provision pertains to disposition of cases by a division. If there is a tie in the voting, there is no decision. The only way to dispose of the case then is to refer it to the Court en banc. If a case has already been decided by the division and the losing party files MR, failure of the division to resolve the motion because of a tie in the voting does not leave the case undecided. There is still the decision which must stand in view of the failure of the members of the decision to muster the necessary vote for its reconsideration. Plainly, if the voting results in a tie, MR is lost. Decision is not reconsidered and must therefore be deemed affirmed, as such was ruling of SC in the Nov17, 1998 Resolution. 2.

Should be decided En Banc because the issues submitted in their separate motions are of first impressions… That Nov.17, 1998 Resolution did not dispose of the earlier MRs of April24, 1998 Decision. SC: Justice Martinez in the Nov17, 1998 Resolution already expressed that the issues presented were no longer novel… having been decided in case Province of Camarines Sur vs. CA. The contention is flawed. The present MRs necessarily partake of the nature of a 2nd MR which, according to clear and unambiguous language of Rule56, Sec4 in relation to Rule52, Sec2 of Rules of Civil Procedure, is prohibited. There are exceptional cases when Court may enforce a 2 nd MR, such as where there are extraordinarily persuasive reasons. But it has been ruled that such must be filed with express leave of court first obtained. Movants failed to ask for prior leave of court. Moreover, They have been unable to show that there are exceptional reasons to give due course to their 2nd MRs.  Stripped of arguments for referral to Court en banc, the present motions are nothing more but rehashes of MRs which have been denied in Nov17, 1998 Resolution. Allegations contained therein

CA VE AT:

- 86 have already been raised before and passed upon by SC in the Resolution. Reminiscing the Nov17, 1998 Resolution: a. “Win-win” Resolution is void and of no legal effect considering that OP Decision had already become final and executory even prior to the filing of MRs as basis of “win-win” Resolution. b. While it may be true that on its face the nullification of the “win-win” Resolution was grounded on a procedural rule pertaining to the reglementary period to appeal or move for reconsideration, the underlying consideration was the protection of the substantive rights of petitioners as well as the people who stand to be benefited by development of the property, which was vested by the OP Decision. The issue is therefore not a question of technicality but of substance and merit. c. As to legal standing of intervenors, see Martinez decision… Separate Opinion: MELO – votes with Puno that case be referred to CA for further proceedings. Bound to abide by Court En Banc’s Resolution 99-1-09-SC which settled issue of an even (2-2) vote in a division – still constrained to vote with majority in denying all motions: 1. ArtVIII, Sec4(3) mandate that cases heard by a division when the required majority of at least 3votes in the division is not obtained are to be heard and decided by Court En Banc.  1986 Constitutional Commission deliberations disclose that if case is not decided in a division by a majority vote, it goes to the Court En Banc and not to a larger division. Moreover, elevation to En Banc shall be automatic. Explicit is the requirement that at least 3members must concur in any case or matter heard by a division. Failing thus, case or matter will have to be decided by the Court En Banc. This also applies in a division of 5 but only 4members can vote (1 being inhibited or unable to participate). 2.

Distinction between “cases” and “matters” is not true all the time. It can only be true in original cases, as opposed to appealed cases, filed with SC. Due to hierarchy of courts doctrine, only original cases taken cognizance by SC are those wherein it has exclusive jurisdiction. Such cases are required to be held En Banc. Cases taken cognizance by division are either petitions under Rule45 or 65. Under Rule45, appeal by way of petition for review on certiorari is not a matter of right. Should there be a tie in the voting on deliberation of a “case” by the division, although apparently no action is passed, a decision may still be rendered – DENIED due course and DISMISSED, which is definitely in consonant with majority’s line of reasoning in the 2-2 vote on MRs. But why is it that, 2-2 vote in deliberation of “case” at first instance should still be referred to the Court En banc?  the express provision of Consti requires a vote of at least 3 justices for there to be a valid and binding decision of the Court. It should equally be appled to MRs. In all instances, whether it be in the deliberations of a cases at first instance or on MR, a division having a 2-2 vote cannot pass action.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER  The requirement of 3votes equally applies to MRs because the provision contemplates “cases” or “matters” (with no material distinction insofar as divisions are concerened) heard by a division, and MR cannot be divorced from decision in a case that it seeks to be reconsidered. Consequently, if required minimum majority of 3votes I not met, matter of MR has to be heard by Court En Banc, as mandated by the Consti. To argue that MR is not a “case” but only a “matter” which does not concern a case is to engage in a lot of unfounded hairsplitting. 3.

The theory of leaving the issue hanging on a 2-2vote or any even vote may be sustained only in cases where there is no recourse to a higher assemblage. There is still recourse to the Court En Banc in CAB… more so, being expressly directed by the Constitution.

Fortich vs. Corona (Dec, 1999) GR131457 Facts: Respondents and intervenors begged to file a “Joint First Motion for Reconsideration of the Denial of the Motion for Automatic Referral of the Case to the Supreme Court Sitting En Banc in View of a Court Division’s 2-2 Vote and Clarificatory Motion”, where they reiterate their earlier contention that the case should be referred to the SC En Banc pursuant to Art 8 Sec 4 par 3 of the Constitution and that it involves several novel questions of law invoking SC Resolution February 9, 1993 in Bar Matter 209. They also argue that the SC Resolution of the case on Aug 1999 [the 3rdtich case] reflected the interpretation of that Const provision of the ponente alone. Petitioners then filed a Petition to Cite for Indirect Contempt because the DAR and applicants for intervention for filing 2 nd, 3rd and, in the case of intervenors, 4th motions for reconsideration in violation of the admonition that no further pleading or motion will be entertained in this case. Petitioners posit that since all 4 Justices of the Special 2ND Division concurred in the result of the Aug 1999 Resolution, there is no more 2-2 vote but a 4-0 vote. Citing Santiago v COMELEC and Krivenko v Register of Deeds, they also contend that the filing of a Motion for Reconsideration (MR) does not vacate the decision sought. Simply put, they state that the 2-2 vote resulted in the denial of the MRS and the affirmation of the 24 April 1998 Decision. Respondents rely heavily on Justice Melo’s separate opinion in assailing the SC’s interpretation of Art 8 Sec 4(3). They also invoke pertinent provisions of the deliberations of the 1986 ConCom in support of their contention and where the concurrence of at least 3 members of the SC is not obtained, the case is automatically referred to the SC En Banc. Issue: WON a MR decided by a 2-2 vote by a division should be referred to the Court En Banc for resolution

CA VE AT:

- 87 Held: NO On at least 2 occasions, the SC, sitting En Banc has refused to take cognizance of this case:

1.

Dec 14, 1998 – case was referred to the En Banc and the ff day was referred back to the 2nd Division, indicating a clear denial of the motion to refer the matter to the Court En Banc

2.

Dec 7, 1999 – the Court En Banc declined to accept the case, despite repeated motions for automatic referral by respondents and intervenors

The controlling resolution is A.M. 99-1-09-SC,”In the matter clarifying the rule resolving motions for reconsideration” which states: A MOTION FOR RECON OF DECISION OR RESOLUTUION OF THE COURT EN BANC OR OF A DIVISION MAY BE GRANTED UPON A VOTE OF A MAJORITY OF THE MEMBERS OF THE EN BANC OR OF A DIVISION, AS THE CASE MAY BE, WHO ACTUALLY TOOK PART IN THE DELIBERATION OF THE MOTION IF THE VOTING RESULTS IN A TIE, THE MOTION FOR RECON IS DEEMED DENIED This Resolution was applied by in the case of Yale Land Development Corporation v Pedro Caragao. The foregoing is consistent with the interpretation of the SC in the Aug 1999 Resolution. There is nothing repugnant in this rule to Art 8 Sec 4(3) of the Constitution. Only the decision of cases require the concurrence of at least 3 members of the SC. Insofar as the resolutions of MRs are concerned, the failure to muster the required vote of 3 simply means that MR is lost and decision stands. There is nothing in that Const provision that requires an automatic referral to the SC En Banc in such instance. Even the deliberations of the 1986 ConCom do not equivocably show that the resolutions of MRs, where the required vote of 3 is not obtained, should be referred to the En Banc.

Roxas & Co., Inc. vs. CA (1999) Facts: Petitioner is the registered owner of 3 haciendas, namely, Haciendas Palico, Banilad and Caylaway, all located in Nasugbu, Batangas. In February 1986, President Aquino issued Proclamation No. 3 promulgating a Provisional Constitution. In the exercise of this legislative power the President signed on July 22, 1987, Proclamation No 131 instituting a Comprehensive Agrarian Reform Program and Executive Order No. 229 providing the mechanisms necessary to initially implement the program. On July 27, 1987, the Congress of the Philippines formally convened and took over legislative power from the President. This Congress passed Republic Act No. 6657, CARL of 1988. Before the law's effectivity, on May 6, 1988, petitioner filed with respondent DAR a voluntary offer to sell Hacienda Caylaway pursuant to the provisions of E.O. No. 229. Haciendas Palico and

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Banilad were later placed under compulsory acquisition by respondent DAR in accordance with the CARL. On August 24, 1993, petitioner instituted a case with respondent DAR Adjudication Board (DARAB) praying for the cancellation of the CLOA's issued by DAR in the name of several persons. Petitioner alleged that the Municipality of Nasugbu, where the haciendas are located, had been declared a tourist zone, that the land is not suitable for agricultural production, and that the Sangguniang Bayan of Nasugbu had reclassified the land to nonagricultural. In a Resolution dated October 14, 1993, respondent DARAB held that the case involved the prejudicial question of whether the property was subject to agrarian reform, hence, this question should be submitted to the Office of the Secretary of Agrarian Reform for determination. On October 29, 1993, petitioner filed with the CA. It questioned the expropriation of its properties under the CARL and the denial of due process in the acquisition of its landholdings. Meanwhile, the petition for conversion of the three hectares was denied by the MARO on November 8, 1993. Petitioner's petition was dismissed by the Court of Appeals on April 28, 1994. Petitioner moved for reconsideration but the motion was denied on January 17, 1997 by CA. Issue: WON the acquisition proceedings over the three haciendas were valid and in accordance with law Held: NO, there was notice provided by law In the CAB, DAR claims that it sent a letter of invitation to petitioner. The invitation was received on the same day it was sent as indicated by a signature and the date received at the bottom left corner of said invitation. With regard to Hacienda Banilad, respondent DAR claims that the administrator of Hacienda Banilad, was notified and sent an invitation to the conference and actually attended the conference and signed the Minutes of the meeting on behalf of petitioner corporation. The Minutes was also signed by the representatives of the BARC, the LBP and farmer beneficiaries. No letter of invitation was sent or conference meeting held with respect to Hacienda Caylaway because it was subject to a Voluntary Offer to Sell to respondent DAR. When respondent DAR, through the Municipal Agrarian Reform Officer (MARO), sent to the various parties the Notice of Coverage and invitation to the conference, DAR A.O. No. 12, Series of 1989 was already in effect more than a month earlier. The Operating Procedure in DAR Administrative Order No. 12 does not specify how notices or letters of invitation shall be sent to the landowner, the representatives of the BARC, the LBP, the farmer beneficiaries and other interested parties. The procedure in the sending of these notices is important to comply with the requisites of due process especially when the owner, as in this case, is a juridical entity. The Notice of Acquisition in Sec 16 of the CARL is required to be sent to the landowner by "personal delivery or registered mail." Whether the landowner be a natural or juridical person to whose

CA VE AT:

- 88 address the Notice may be sent by personal delivery or registered mail, the law does not distinguish. The DAR Administrative Orders also do not distinguish. In the proceedings before the DAR the distinction between natural and juridical persons in the sending of notices may be found in the Revised Rules of Procedure of the DAR Adjudication Board (DARAB). Service of pleadings before the DARAB is governed by Section 6, Rule V of the DARAB Revised Rules of Procedure. Jaime Pimentel is not the president, manager, secretary, cashier or director of petitioner corporation. Is he, as administrator of the two Haciendas, considered an agent of the corporation? The purpose of all rules for service of process on a corporation is to make it reasonably certain that the corporation will receive prompt and proper notice in an action against it. Service must be made on a representative so integrated with the corporation as to make it a priori supposable that he will realize his responsibilities and know what he should do with any legal papers served on him, and bring home to the corporation notice of the filing of the action. Petitioner's evidence does not show the official duties of Jaime Pimentel as administrator of petitioner's haciendas. The evidence does not indicate whether Pimentel's duties is so integrated with the corporation that he would immediately realize his responsibilities and know what he should do with any legal papers served on him. At the time the notices were sent and the preliminary conference conducted, petitioner's principal place of business was listed in respondent DAR's records as "Soriano Bldg., Plaza Cervantes, Manila," and "7th Flr. Cacho-Gonzales Bldg., 101 Aguirre St., Makati, Metro Manila." Pimentel did not hold office at the principal place of business of petitioner. Neither did he exercise his functions in Plaza Cervantes, Manila nor in Cacho-Gonzales Bldg., Makati, Metro Manila. He performed his official functions and actually resided in the haciendas in Nasugbu, Batangas, a place over two hundred kilometers away from Metro Manila. Curiously, respondent DAR had information of the address of petitioner's principal place of business. The Notices of Acquisition over Haciendas Palico and Banilad were addressed to petitioner at its offices in Manila and Makati. These Notices were sent barely three to four months after Pimentel was notified of the preliminary conference. Nevertheless, assuming that Pimentel was an agent of petitioner corporation, and the notices and letters of invitation were validly served on petitioner through him, there is no showing that Pimentel himself was duly authorized to attend the conference meeting with the MARO, BARC and LBP representatives and farmer beneficiaries for purposes of compulsory acquisition of petitioner's landholdings. Even respondent DAR's evidence does not indicate this authority. On the contrary, petitioner claims that it had no knowledge of the letter-invitation, hence, could not have given Pimentel the authority

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER to bind it to whatever matters were discussed or agreed upon by the parties at the preliminary conference or public hearing. Notably, one year after Pimentel was informed of the preliminary conference, DAR A.O. No. 9, Series of 1990 was issued and this required that the Notice of Coverage must be sent "to the landowner concerned or his duly authorized representative." Assuming further that petitioner was duly notified of the CARP coverage of its haciendas, the areas found actually subject to CARP were not properly identified before they were taken over by respondent DAR. Respondents insist that the lands were identified because they are all registered property and the technical description in their respective titles specifies their metes and bounds. Respondents admit at the same time, however, that not all areas in the haciendas were placed under the comprehensive agrarian reform invariably by reason of elevation or character or use of the land. The acquisition of the landholdings did not cover the entire expanse of the two haciendas, but only portions thereof. Hacienda Palico has an area of 1,024 hectares and only 688.7576 hectares were targetted for acquisition. Hacienda Banilad has an area of 1,050 hectares but only 964.0688 hectares were subject to CARP. The haciendas are not entirely agricultural lands. In fact, the various tax declarations over the haciendas describe the landholdings as "sugarland," and "forest, sugarland, pasture land, horticulture and woodland." Under Section 16 of the CARL, the sending of the Notice of Acquisition specifically requires that the land subject to land reform be first identified. The two haciendas in the instant case cover vast tracts of land. Before Notices of Acquisition were sent to petitioner, however, the exact areas of the landholdings were not properly segregated and delineated. Upon receipt of this notice, therefore, petitioner corporation had no idea which proportions of its estate were subject to compulsory acquisition, which portions it could rightfully retain, whether these retained portions were compact or contiguous, and which portions were excluded from CARP coverage. Even respondent DAR's evidence does not show that petitioner, through its duly authorized representative, was notified of any ocular inspection and investigation that was to be conducted by respondent DAR. Neither is there proof that petitioner was given the opportunity to at least choose and identify its retention areas in those portions to be acquired compulsorily. The right of retention and how this right is exercised, is guaranteed in Section 6 of the CARL. Petitioner was also left in the dark with respect to Hacienda Caylaway, which was the subject of a Voluntary Offer to Sell (VOS). The VOS was made before the effectivity of CARL. VOS transactions were first governed by DAR Administrative Order No. 19, series of 1989, and under this order, all VOS filed before June 15, 1988 shall be heard and processed in accordance with the procedure provided for in Executive Order No. 229. The E.O. is silent as to the procedure for the identification of the land, the notice of coverage and the preliminary conference with the landowner, representatives of the BARC, the LBP and farmer

CA VE AT:

- 89 beneficiaries. But this does not mean that these requirements may be dispensed with regard to VOS filed before June 15, 1988. First of all, the same E.O. 229, like Section 16 of the CARL, requires that the land, landowner and beneficiaries of the land subject to agrarian reform be identified before the notice of acquisition should be issued. Hacienda Caylaway was voluntarily offered for sale in 1989. The Hacienda has a total area of 867.4571 hectares and is covered by four (4) titles. In two separate Resolutions both dated January 12, 1989, respondent DAR, through the Regional Director, formally accepted the VOS over two of these four titles. The land covered by the two titles has an area of 855.5257 hectares, but only 648.8544 hectares thereof fell within the coverage of R.A. 6657. Petitioner claims it does not know where these portions are located. Respondent DAR, on the other hand, avers that surveys on the land covered by the four titles were conducted in 1989, and that petitioner, as landowner, was not denied participation therein. The results of the survey and the land valuation summary report, however, do not indicate whether notices to attend the same were actually sent to and received by petitioner or its duly authorized representative. Issue: Assuming the haciendas may be reclassified from agricultural to non-agricultural, whether this court has the power to rule on this issue. Held: NO At the time petitioner filed its application for conversion, the Rules of Procedure governing the processing and approval of applications for land use conversion was the DAR A.O. No. 2, Series of 1990. Under this A.O., the application for conversion is filed with the MARO where the property is located. The MARO reviews the application and its supporting documents and conducts field investigation and ocular inspection of the property. The findings of the MARO are subject to review and evaluation by the Provincial Agrarian Reform Officer (PARO). The PARO may conduct further filed investigation and submit a supplemental report together with his recommendation to the Regional Agrarian Reform Officer (RARO) who shall review the same. For lands less than five hectares, the RARO shall approve or disapprove applications for conversion. For lands exceeding five hectares, the RARO shall evaluate the PARO Report and forward the records and his report to the Undersecretary for Legal Affairs. Applications over areas exceeding fifty hectares are approved or disapproved by the Secretary of Agrarian Reform. The DAR's mandate over applications for conversion was first laid down in Section 4 (j) and Sections 5 (l) of Executive Order No, 129-A, Series of 1987 and reiterated in the CARL and Memorandum Circular No. 54, Series of 1993 of the Office of the President. Applications for conversion were initially governed by DAR A.O. No. 1, Series of 1990 entitled "Revised Rules and Regulations Governing Conversion of Private Agricultural Lands and NonAgricultural Uses," and DAR A.O. No. 2, Series of 1990 entitled "Rules of Procedure Governing the Processing and Approval of

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Applications for Land Use Conversion." These A.O.'s and other implementing guidelines, including Presidential issuances and national policies related to land use conversion have been consolidated in DAR A.O. No. 07, Series of 1997. Under this recent issuance, the guiding principle in land use conversion is: "to preserve prime agricultural lands for food production while, at the same time, recognizing the need of the other sectors of society (housing, industry and commerce) for land, when coinciding with the objectives of the Comprehensive Agrarian Reform Law to promote social justice, industrialization and the optimum use of land as a national resource for public welfare." "Land Use" refers to the manner of utilization of land, including its allocation, development and management. "Land Use Conversion" refers to the act or process of changing the current use of a piece of agricultural land into some other use as approved by the DAR. The conversion of agricultural land to uses other than agricultural requires field investigation and conferences with the occupants of the land. They involve factual findings and highly technical matters within the special training and expertise of the DAR. DAR A.O. No. 7, Series of 1997 lays down with specificity how the DAR must go about its task. This time, the field investigation is not conducted by the MARO but by a special task force, known as the Center for Land Use Policy Planning and Implementation (CLUPPI-DAR Central Office). The procedure is that once an application for conversion is filed, the CLUPPI prepares the Notice of Posting. The MARO only posts the notice and thereafter issues a certificate to the fact of posting. The CLUPPI conducts the field investigation and dialogues with the applicants and the farmer beneficiaries to ascertain the information necessary for the processing of the application. The Chairman of the CLUPPI deliberates on the merits of the investigation report and recommends the appropriate action. This recommendation is transmitted to the Regional Director, thru the Undersecretary, or Secretary of Agrarian Reform. Applications involving more than fifty hectares are approved or disapproved by the Secretary. The procedure does not end with the Secretary, however. The Order provides that the decision of the Secretary may be appealed to the Office of the President or the Court of Appeals, as the case may be, viz: • "Appeal from the decision of the Undersecretary shall be made to the Secretary, and from the Secretary to the Office of the President or the Court of Appeals as the case may be. The mode of appeal motion for reconsideration, and the appeal fee, from Undersecretary to the Office of the Secretary shall be the same as that of the Regional Director to the Office of the Secretary." Indeed, the doctrine of primary jurisdiction does not warrant a court to arrogate unto itself authority to resolve a controversy the jurisdiction over which is initially lodged with an administrative body of special competence. Respondent DAR is in a better position to resolve petitioner's application for conversion, being primarily the agency possessing the necessary expertise on the matter. The power to determine whether Haciendas Palico, Banilad and Caylaway are non-agricultural, hence, exempt from the coverage of the CARL lies with the DAR, not with this Court.

CA VE AT:

- 90 -

Finally, failure of respondent DAR to comply with the requisites of due process in the acquisition proceedings does not give this Court the power to nullify the CLOA's already issued to the farmer beneficiaries. To assume the power is to short-circuit the administrative process, which has yet to run its regular course. Respondent DAR must be given the chance to correct its procedural lapses in the acquisition proceedings. In Hacienda Palico alone, CLOA's were issued to 177 farmer beneficiaries in 1993. Since then until the present, these farmers have been cultivating their lands. It goes against the basic precepts of justice, fairness and equity to deprive these people, through no fault of their own, of the land they till. Anyhow, the farmer beneficiaries hold the property in trust for the rightful owner of the land. THE CASE IS REMANDED TO DAR FOR PROPER ACQUISITION PROCEEDINGS AND DETERMINATION OF PETITIONER'S APPLICATION FOR CONVERSION [Sorry blockmates, lost ako kung pano to ieedit for the reviewer.]

Book Review on A Hand in the Bush: The Fine Art of Vaginal Fisting by D. Addington This book is a wonderful reference to the wide world of fisting. I loved what it did for my sex life, not only do I know how to fist myself properly, but now I know how to fist others properly. I am so glad that someone finally ventured out and wrote openly about fisting, I was ashamed to ask people how to do it properly, but I very well knew that everyone does it, its nothing to be ashamed of. We all fist at one point in our lives. This book breaks through the barriers and it brings it IN YOUR FACE, and leaves no questions asked. Fisting can be a fun and pleasurable past time if you KNOW how to do it RIGHT. And this book gives you step by step instructions while doing it, although I do advise that you have someone that you feel you can trust to either read to you as you are doing it, or have someone perform it for you and tell you step by step what they are doing. This enhances the experience and makes it almost more pleasurable. I am glad that Deborah Addington has chosen to break the taboos of fisting. It is time that this particular sexual experience be brought forth to the public in all its glory.

Closure and Opening of Roads Sec21: Closure and Opening of Roads. — (a) A local government unit may, pursuant to an ordinance, permanently or temporarily close or open any local road, alley, park, or square falling within its jurisdiction: Provided, however, That in case of permanent closure, such ordinance must be approved by at least two-thirds (2/3) of all the members of the sanggunian, and when necessary, an adequate substitute for the public facility that is subject to closure is provided. casia

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER (b) No such way or place or any part thereof shall be permanently closed without making provisions for the maintenance of public safety therein. A property thus permanently withdrawn from public use may be used or conveyed for any purpose for which other real property belonging to the local government unit concerned may be lawfully used or conveyed: Provided, however, That no freedom park shall be closed permanently without provision for its transfer or relocation to a new site. (c) Any national or local road, alley, park, or square may be temporarily closed during an actual emergency, or fiesta celebrations, public rallies, agricultural or industrial fairs, or an undertaking of public works and highways, telecommunications, and waterworks projects, the duration of which shall be specified by the local chief executive concerned in a written order: Provided, however, That no national or local road, alley, park, or square shall be temporarily closed for athletic, cultural, or civic activities not officially sponsored, recognized, or approved by the local government unit concerned. (d) Any city, municipality, or barangay may, by a duly enacted ordinance, temporarily close and regulate the use of any local street, road, thoroughfare, or any other public place where shopping malls, Sunday, flea or night markets, or shopping areas may be established and where goods, merchandise, foodstuffs, commodities, or articles of commerce may be sold and dispensed to the general public.

Cabrera vs. CA (1991) Facts: Provincial Board of Catanduanes issued Res. No. 158 for the closure of a road leading to the Capitol Bldg. Owners of the properties traversed by the new road were given portions of the old road in exchange for their properties. Petitioner, upon learning about the resolution, filed a complaint for the abatement of nuisance and annulment of resolutions and documents with damages. He alleged that the land fronting his house was a public road owned by the province in its governmental capacity and therefore beyond the commerce of man. 1) WON there is an order for closure or a mere order for the barter or exchange of lands. Held: Order for closure Closure of road is clearly ordered by Res. 158 which provides "it is hereby resolved to close the road" 2) WON provincial board has power to order closure Held: YES Decision in Favis v. Baguio upheld the power of the city council to close city streets and withdraw them from public use. This decision applies to CAB.

CA VE AT:

- 91 Provincial board, after all, has the duty of maintaining the roads for the comfort and convenience of the inhabitants of the province. Also, its authority is inferable from the grant by the national legislature of the funds to the province for the construction of roads. 3) WON petitioner is entitled to damages Held: NO General Rule: One whose property does not abut on the closed section of the street has no right of compensation for its closure if he still has reasonable access to the general system of streets. To warrant recovery, the property owner must show that the situation is such that he has sustained special damage differing in kind, and not merely in degree, from those sustained by the public generally. The constitution does not undertake to guarantee to a property owner the public maintenance of the most convenient route to his door. The law will not permit him to be cut off from the public thoroughfares, but he must content himself with such route for outlet as the regularly constituted public authority may deem most compatible with the public welfare. His acquisition of city property is a tacit recognition of these principles. In CAB, the injury suffered by petitioner is the price he and others like him must pay for the welfare of the entire community. The inconvenience he suffered pales in comparison to the greater convenience the new road has been giving to the general public.

DGNotes: Q&A: Can a province close a municipal road in a municipality? Debatable. YES. Municipal plans must be in accordance with provincial plans. But then land use plans are very general so this may not be a very strong argument. NO. because of autonomy. Even if the province reviews municipal ordinances, it can only review its legality. Dacanay vs. Asistio (1992) Facts: 1979- MMC Ordinance No. 79-02 was enacted by the MMC, designating certain streets, roads and open spaces as sites for flea markets. Caloocan city mayor, pursuant to the Ordinance, opened up 7 flea markets in the city. City mayor and city engineer issued licenses for the conduct of vending activities upon application of some vendors. 1987- OIC mayor Martinez caused the demolition of market stalls on certain streets. Stall-owners filed an action for prohibition praying that the court issue a writ of preliminary injunction.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER RTC issued writ prayed for but later dismissed the petition and lifted the writ of preliminary injunction it had issued earlier. It found that the streets were of public dominion and hence, outside the commerce of man. Shortly after the decision came out, the city administration changed hands. However, the new city mayor Asistio Jr. did not pursue the prior administration's policy of clearing and cleaning up the city streets. Petitioner wrote a letter to Asistio asking for the demolition of the illegally constructed stalls and invoking the decision in prior civil case. His letters however, were not acted on. Issue: WON licenses issued to the stall holders are valid Held: NO The disputed areas from which the market stalls are sought to be evicted in CAB are undeniably public streets. Being outside the commerce of man, they may not be the subject of lease or other contract.

- 92 -

The path climbed upward amongst the jagged hills. Below us lay the town and, far off, the sea, glittering in the moonlight. It was a warm night, yet the pale rays of the moon cast a chill aura of malignant evil over the scene. We rode through a cemetery where the whitewashed tombstones flitted past like serried ranks of ghosts, then the dark shape of trees rose up again on either side, stretching their gnarled branches in our way. And all the while the hollow booming of the drums rang in our ears; now nearer, now further off, rising and falling in subtle cadences… The drums were calling, they drugged the will until all resistance died. I realized with impotent horror that it was impossible to turn back; the power of the drums was too great. Suddenly we emerged into a wide clearing. In the middles was a huge fire and round it were at least two hundred negroes and negresses… (continued…)

The leases or licenses are null and void for being contrary to law. The right of the public to use the streets may not be bargained away through contract. The interests of a few should not prevail over the good of the greater number in the community. Executive Order issued by the Acting mayor Robles authorizing the use of said streets as a vending area contravenes the general law that reserves the city streets and roads for public use.

DGNotes: Who else may order closure of roads • Local chief executive – therefore, an ordinance is not always necessary for the order of closure of roads • Close roads for shopping malls, night markets, etc? only temporarily If the closure was due to an emergency, once the emergency situation ceases, closure will no longer be valid.

Excerpt from Voodoo Fire in Haiti by Richard Loederer: As we rode through the night the drums were beating again – but with a new rhythm that I had never heard before. I was keyed up to a pitch of perspiring excitement, fearing what was to come and yet unwilling to turn back. We were about to participate in a monstrous performance, an orgy which not one white man in a million has ever seen. Tonight was a Voodoo Fire, and we were to be present. I shivered as I rode along. I was horribly afraid; afraid of the night, afraid of the menacing drums, and above all, afraid of seeing too much.

CA VE AT:

Book Review on A Hand in the Bush: The Fine Art of Vaginal Fisting One searches long and hard for a book like this, until the one day that he finds it and all of his dreams come true. I would be lying if I said that did not love fisting. But I would also be lying if I said that I knew it as a true art. I always saw it as a science. Spread legs. Insert fist. Twist around for 15-30 minutes or until orgasm. Remove fist. Wash hand. Repeat upon request. But now that I've discovered Ms. Addington's fantastic book with it's detailed descriptions and explanations, I am a changed man. Can I get a witness? Praise Jesus! After reading the book, my partner of many years has never been the same. I have never seen her eyes roll back into her head that way they do since we found this book. Also she learned that it doesn't have to be all what I'm doing. She guides me to her spots, teaches me where she wants to be fisted, and sometimes I apply force. So I give this book 5 enthusiastic stars. Before my partner of many years gave my technique high marks, but looking back I was an amateur. Now every night she gives me the multipleorgasm stamp of approval.

Corporate Powers Sec22: Corporate Powers. — (a) Every local government unit, as a corporation, shall have the following powers: (1) To have continuous succession in its corporate name;

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER (2) To sue and be sued; (3) To have and use a corporate seal; (4) To acquire and convey real or personal property; (5) To enter into contracts; and (6) To exercise such other powers as are granted to corporations, subject to the limitations provided in this Code and other laws. (b) Local government units may continue using, modify, or change their existing corporate seals: Provided, That newly established local government units or those without corporate seals may create their own corporate seals which shall be registered with the Department of the Interior and Local Government: Provided, further, That any change of corporate seal shall also be registered as provided hereon. (c) Unless otherwise provided in this Code, no contract may be concerned entered into by the local chief executive in behalf of the local government unit without prior authorization by the sanggunian. A legible copy of such contract shall be posted at a conspicuous place in the provincial capitol or the city, municipal or barangay hall. (d) Local government units shall enjoy full autonomy in the exercise of their proprietary functions and in the limitations provided in this Code and other applicable laws

City of Manila vs. IAC (1989) - supra Facts: 1971- Vivencio Sto. Domingo died and was buried in Lot 159 in the North Cemetery, leased by the City to Irene (wife) for 50 yrs. City Mayor issued Admin Order No. 5 which prescribes a uniform procedure and guidelines in the processing of documents for the use and disposition of burial lots and plots within NC.

1.

governmental or politicalpowers exercised in administering the powers of the state and promoting the public welfare

2.

municipal powers- those exercised for the special benefit and advantage of the community and include ministerial, private and corporate powers.

With respect to proprietary functions, a municipal corporation can be held liable to third persons ex contractu or ex delicto. Maintenance of parks, golf courses, cemeteries and airports, among others, are recognized as municipal or city activities of a proprietary character. In the absence of special laws, the NC is a patrimonial property4 of the City over which it exercises acts of dominion. There is therefore no doubt that the NC is owned by the City in its proprietary or private character. The obligations arising from the contract of lease has the force of law between the parties in the CAB. The City’s breach of a contractual provision entitles the Sto. Domingos to damages Under the doctrine of respondeat superior, the City is liable for the tortius acts committed by its agents who failed to verify and check the duration of the contract of lease.

NAWASA vs. Dator (1967)

•

By virtue of said AO, it was believed that Lot 159 was leased only for 5 years to the Sto. Domingos. 1978- Lot 159 was exhumed and the remains of Vivencio were placed in a bag and placed in the depository of the cemetery.

•

Irene claims that it was impossible to locate the remains of Vivencio in a depository containing thousands of sacks of human bones. Sto. Domingos instituted an action for damages against the City. TC ordered the City to allow the Sto. Domingos to make use of another lot. CA affirmed but also awarded damages. Issue: WON the operations and functions of a public cemetery are a governmental or a corporate or proprietary function of the City Held: Corporate or proprietary City of Manila is a political body corporate and as such is endowed with the faculties of municipal corporations to be exercised by and through its city government in conformity with law, and in its corporate name. It may therefore sue and be sued, and contract and be contracted with.

CA VE AT:

- 93 -

2-fold powers-

• •

The SC had affirmed the decision of the CFI of Luzon declaring the municipality of Lucban, Quezon, the owner of the “Apolinario de la Cruz Waterworks System”, subject, however, to the jurisdiction, control and supervision of NAWASA. This decision had become final and executory. Hobart Dator, in his capacity as Municipal Mayor of Lucban, issued o a Memorandum directing the Municipal Treasurer to designate some of the clerks in his office, as temporary waterworks collectors, to receive the water rentals paid by the users of water; and o a Proclamation enjoining the consuming public to pay their water fees to the office of the Municipal Treasurer. The treasurer proceeded to collect water fees from consumers in the municipality. NAWASA filed with the same CFI of Quezon, a petition to declare the mayor in contempt, alleging that the acts of the

4

Art 424 CC enumerates properties for public use- provincial roads, city streets, municipal streets, squares, fountains, public waters, promenades and public works for public service paid for by the provinces, cities and municipalities. All other propertie s are patr im onia l without prejudice to provisions of special laws.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER latter in ordering for the collection of fees are in defiance of the SC decision. Dismissed. WON the mayor’s order to collect water bills in the name of the municipality constitutes contempt of court (as an encroachment upon NAWASA’s supervisory power over the municipality’s waterworks system) – NO • The authority of a municipality to fix and collect rents for water supplied by its waterworks system is expressly granted by law. (Sec. 2317 of the Revised Administrative Code and Sec. 2, RA No. 2264)

•

• •

•

•

Even without these express provisions, the authority of the municipality to fix and collect fees from its waterworks would be justified from its inherent power to administer what it owns privately. Although NAWASA may regulate and supervise the water plants owned and operated by cities and municipalities, the ownership thereof is vested in the municipality and in the operation thereof the municipality acts in its proprietary capacity. Like any private owner, the municipality enjoys the attributes of ownership under the New Civil Code. One such attribute is the right to use or enjoy the property If a governmental entity, like the NAWASA, were allowed to collect the fees that the consuming public pay for the water supplied to them by the municipality, the latter, as owner, would be deprived of the full enjoyment of its property. Ownership is nothing without the inherent rights of possession, control and enjoyment. The National Government can not appropriate patrimonial property of municipal corporations without just compensation and due process of law. As a consequence, neither may the National Government assume the power of administration of patrimonial property of municipal corporations, if such action is based upon the appropriation of said property by the State. In fact, it may not, by operation of law, assume such administration, without appropriating the title to the property, if the same or the income derived from its operation will be co-mingled with other property, either of the National Government or of other municipal corporations, in such a way to permit the use of the property or income belonging to one of such corporations for the benefit of another municipal corporation or of the State itself.

Zamboanga Province vs. Zamboanga City (1968) • •

CA 39 converted the municipality of Zamboanga into Zamboanga City. The properties and buildings consisted of 50 lots and some buildings constructed thereon, located in the City of Zamboanga and covered by Torrens certificates of title in the name of Zamboanga Province.

CA VE AT:

•

•

•

•

- 94 -

RA 3039 was approved amending Sec. 50 of CA 39 by providing that “All buildings, properties and assets belonging to the former province of Z and located within the City of Z are hereby transferred, free of charge, in favor of the said City of Z.” The Sec. of Finance ordered the CIR to stop effecting further payments to Z del Norte and to return to Z City the sum taken from it out of the internal revenue allotment of Z del Norte as payment for said properties. Z del Norte then filed a complaint in the CFI against Z City, the Sec. of Finance and the CIR. Among others, it prayed that RA 3039 be declared unconstitutional for depriving it of property without due process and just compensation and that the Sec. of Finance and CIR be enjoined from reimbursing the P57,373 to Z City. Judgment was rendered, declaring RA 3039 unconstitutional and ordered Z City to pay to the province the sum of P704,220.

WON RA 3039 is valid – YES, insofar as 24 of the 50 lots are concerned • If the property is owned by the municipality in its public and governmental capacity, the property is public and Congress has absolute control over it. But if the property is owned in its private or proprietary capacity, then it is patrimonial and Congress has no absolute control. The municipality cannot be deprived of it without due process and payment of just compensation. • The capacity in which the property is held is, however, dependent on the use to which it is intended and devoted. Which of 2 norms, i.e., that of the Civil Code or that obtaining under the law of Municipal Corporations, must be used in classifying the properties in question? 2 views: The CC classification applies. Result: All properties, except for 2, patrimonial. • The Civil Code classification is embodied in its Arts. 423 and 424: o ART. 423. The property of provinces, cities and municipalities, is divided into property for public use and patrimonial properly. o ART. 424. Property for public use, in the provinces, cities, and municipalities, consists of the provincial roads, city streets, municipal streets, the squares, fountains, public waters, promenades, and public works for public service paid for by said provinces, cities, or municipalities. o All other property possessed by any of them is patrimonial and shall be governed by this Code, without prejudice to the provisions of special laws. • Applying the provisions above, all the properties, except the 2 lots used as High School playgrounds, could be considered as patrimonial properties of the former Zamboanga province. Even the capitol site, the hospital and leprosarium sites, and

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER the school sites will be considered patrimonial for they are not for public use. They would not fall under the phrase "public works for public service" for under the ejusdem generis rule, such public works must be for free and indiscriminate use by anyone, just like the preceding enumerated properties in the first paragraph of Art. 424. The playgrounds, however, would fit into this category. This was the norm applied by the lower court. In previous cases, it was held that the capitol site and the school sites in municipalities constitute their patrimonial properties. This result is understandable because, unlike in the classification regarding State properties, properties for public service in the municipalities are not classified as public.

•

The principles constituting the law of Municipal Corporations applies. Result: All those of the 50 properties which are devoted to public service are deemed public; the rest remain patrimonial.

• •

Under this norm, to be considered public, it is enough that the property be held and devoted for governmental purposes like local administration, public education, public health, etc. Municipality of Batangas v. Cantos: A municipal lot which had always been devoted to school purposes is one dedicated to public use and is not patrimonial property of a municipality.

SC adopts 2nd view: • Following this classification, RA 3039 is valid insofar as it affects the lots used as capitol site, school sites and its grounds, hospital and leprosarium sites and the high school playground sites — a total of 24 lots — since these were held by the former Z province in its governmental capacity and therefore are subject to the absolute control of Congress. • Regarding the several buildings existing on the lots, the records do not disclose whether they were constructed at the expense of the former Province of Z. Considering however the fact that said buildings must have been erected even before the enactment of CA 39 and the further fact that provinces then had no power to authorize construction of buildings such as those in the CAB at their own expense, it can be assumed that said buildings were erected by the National Government, using national funds. Hence, Congress could very well dispose of said buildings in the same manner that it did with the lots in question. • But even assuming that provincial funds were used, still the buildings constitute mere accessories to the lands, which are public in nature, and so, they follow the nature of said lands, i.e., public. • Moreover, said buildings, those located in the city, will not be for the exclusive use and benefit of city residents for they could be availed of also by the provincial residents. • But RA 3039 cannot be applied to deprive Zamboanga del Norte of its share in the value of the rest of the 26 remaining lots which are patrimonial properties since they are not being utilized for distinctly governmental purposes.

CA VE AT:

- 95 Moreover, the fact that these 26 lots are registered strengthens the proposition that they are private in nature. On the other hand, that the 24 lots for governmental purposes are also registered is of no significance since registration cannot convert public property to private.

•

Reasons for adopting 2nd view: • The controversy here is more along the domains of the Law of Municipal Corporations — State v. Province — than along that of Civil Law.

•

•

•

Moreover, municipal property held and devoted to public service cannot be said to be in the same category as ordinary private property, because the consequences are dire. As ordinary private properties, they can be levied upon and attached. They can even be acquired thru adverse possession — all these to the detriment of the local community. Lastly, the classification of properties other than those for public use in the municipalities as patrimonial under Art. 424 of the Civil Code is "...without prejudice to the provisions of special laws." For purposes of this article, the principles obtaining under the Law of Municipal Corporations can be considered as "special laws". Hence, the classification of municipal property devoted for governmental purposes as public should prevail over the Civil Code classification in this particular case.

Rabuco vs. Villegas Facts: In January 1965, the City mayor and the City Engineer of Manila ordered the demolition of petitioners’ houses. Said officials justified their actions by saying that even if the petitioners were already owners of the land on which their respected houses are erected, they could still cause the removal thereof:  as they were constructed in violation of city ordinances and  constitute public nuisance Petitioners alleged that the officials’ actions were unlawful and clearly prohibited by Republic Act 3120 which:



converted the lot in question which are reserved as communal property into disposable or alienable lands of the State to be placed under the administration and disposal of the Land tenure Administration for subdivision into small lots xxx for sale on installment basis to the tenants of bona fide occupants thereof and



expressly prohibited ejectment and demolition of petitioners’ homes under section 2 of the Act

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Issue: WON RA 3120 deprives the City of manila of the properties without payment of just compensation. Held: YES Salas vs. Jarencio: 1. Regardless of the source or classification of land in the possession of a municipality, (except those acquired with its own funds in its private and corporate capacity) such property is held in trust for the State for the benefit of its inhabitants, whether it be for governmental or proprietary purposes.  that it has in its name a registered title is not questioned, but this title should be deemed to be held in trust for the State 2. Municipality holds such lands subject to the paramount power of the legislature to dispose of the same:  for after all it owes is creation to it as an agent for the performance of a part of its public work (the municipality being but a subdivision thereof for purposes of local administration 3. legal situation is the same as of the State itself holds the property and puts it to a different use Court further says: 1. RA 3120 was intended to implement:  the social justice policy of the Constitution and the  governmental program of land for the landless and  that they were not intended to expropriate the property involved  but merely t confirm its character as communal land of the State and  to make it available for disposition by the National Government 2. Subdivision of communal property and subsequent sale:  does NOT operate as an exercise of the power of eminent domain without just compensation  BUT SIMPLY as a manifestation of its right and power to deal with state property

•

- 96 Upon appeal by the municipal Board, The Court of Tax Appeals dismissed the case on the ground that the City of Cebu cannot appeal from the decision of the Board of Assessment Appeals.. The City of Cebu, being a governmental agency, is not among those who may appeal to the Court of Tax Appeals.

Issue: WON the City of Cebu can appeal from the decision of the Board of Assessment Appeals Held: Yes • Sec. 11 of R.A. No. 1125 states: Sec. 11. who May Appeal. Any person, association or corporation adversely affected by a decision or ruling of the CIR, Coll. Of Customs or any provincial or city Board of Assessment Appeals may filed an appeal in the CTA within 30 days after the receipt of such decision or ruling.” • The City of Cebu constitutes a political body corporate created by a special charter endowed with the powers which pertain to a municipal corporation. As such, it possesses the capacity to sue and be sued. It is authorized to levy real estate taxes for its support. • In the decision of the Board of Assessment Appeals exempting the lots in question from the payment of real property tax, no entity is more adversely affected than the City of Cebu, for it stands to lose a yearly income equivalent to the realty tax. • As to the personality of the municipal Board to represent the City of Cebu in this suit, suffice it to say that Sec. 58 of the Commonwealth Act No. 58 expressly vests in the Municipal Board the authority to appeal from the decision of the City Assessor to the Board of Assessment Appeals. This indicates legislative intent to lodge in the Municipal Board the right to represent the City in an appeal from an adverse decision of the City Board of AA. Decision set aside. Case remanded to CTA.

Authority to Negotiate and Secure Grants

Municipal Board vs. CTA (1964) Facts: • The University of Southern Philippines Foundation, through its president, applied for inclusion in the list of real estate exempt from real property taxation several parcels of land which it leased from various persons for school purposes. • City Assessor informed the University that, except for 6 lots, all the remaining lots were exempt from real property taxation.

•

On appeal, the Board of Assessment Appeals of Cebu Citygranted exemption to the 6 lots.

CA VE AT:

Sec23: Authority to Negotiate and Secure Grants. — Local chief executives may, upon authority of the sanggunian, negotiate and secure financial grants or donations in kind, in support of the basic services or facilities enumerated under Section 17 hereof, from local and foreign assistance agencies without necessity of securing clearance or approval therefor from any department, agency, or office of the national government of from any higher local government unit: Provided, That projects financed by such grants or assistance with national security implications shall be approved by the national agency concerned: Provided, further, That when such national agency fails to act on the request for approval within thirty (30) days from receipt thereof, the same shall be deemed approved. Cdasia The local chief executive shall, within thirty (30) days upon signing of such grant agreement or deed of donation, report the

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER nature, amount, and terms of such assistance to both Houses of Congress and the President.

Liability for Damages Sec24: Liability for Damages. — Local government units and their officials are not exempt from liability for death or injury to persons or damage to property.

New Civil Code Art34: When a member of a city or municipal police force refuses or fails to render aid or protection to any person in case of danger to life or property, such peace officer shall be primarily liable for damages, and the city or municipality shall be subsidiarily responsible therefor. The civil action herein recognized shall be independent of any criminal proceedings, and a preponderance of evidence shall suffice to support such action. Art2180: The obligation imposed by article 2176 is demandable not only for one's own acts or omissions, but also for those of persons for whom one is responsible. The father and, in case of his death or incapacity, the mother, are responsible for the damages caused by the minor children who live in their company. Guardians are liable for damages caused by the minors or incapacitated persons who are under their authority and live in their company. The owners and managers of an establishment or enterprise are likewise responsible for damages caused by their employees in the service of the branches in which the latter are employed or on the occasion of their functions. Employers shall be liable for the damages caused by their employees and household helpers acting within the scope of their assigned tasks, even though the former are not engaged in any business or industry. The State is responsible in like manner when it acts through a special agent; but not when the damage has been caused by the official to whom the task done properly pertains, in which case what is provided in article 2176 shall be applicable. Lastly, teachers or heads of establishments of arts and trades shall be liable for damages caused by their pupils and students or apprentices, so long as they remain in their custody. The responsibility treated of in this article shall cease when the persons herein mentioned prove that they observed all the diligence of a good father of a family to prevent damage. (1903a) Art2189: Provinces, cities and municipalities shall be liable for damages for the death of, or injuries suffered by, any person by reason of the defective condition of roads, streets, bridges, public buildings, and other public works under their control or supervision. (n)

CA VE AT:

- 97 -

RA 8749 Sec43: Suits and Strategic Legal Actions Against Public Participation and the Enforcement of this Act. — Where a suit is brought against a person who filed an action as provided in Section 41 of this Act, or against any person, institution or government agency that implements this Act, it shall be the duty of the investigating prosecutor or the court, as the case may be, to immediately make a determination not exceeding thirty (30) days whether said legal action has been filed to harass, vex, exert undue pressure or stifle such legal recourses of the person complaining of or enforcing the provisions of this Act. Upon determination thereof, evidence warranting the same, the court shall dismiss the case and award attorney's fees and double damages. This provision shall also apply and benefit public officers who are sued for acts committed in their official capacity, there being no grave abuse of authority, and done in the course of enforcing this Act.

Mendoza vs. De Leon (1916) Facts: * Mendoza was awarded the lease of an exclusive ferry privilege by the municipality of Villasis, Pangasinan under the provisions of Act 1634 of the Phil. Commission. * After operation for a little more than a year, he was forcibly ejected in pursuance of a resolution adopted by the Villasis municipal council, which awarded the franchise for the same ferry to another person. * This is an action for damages against the individual members of the municipal council (De Leon et al) for the revocation. Issue1: What are the rules governing the liability of a municipality? 1) Municipalities have both governmental & corporate functions. A. In so far as its governmental functions are concerned, a municipality is not liable at all, unless expressly made so by statute; nor are its officers, so long as they perform their duties honestly and in food faith. Reason: Govtl affairs do not lose their govtl character by being delegated to the municipal govts…The state, being immune for injuries suffered by private individuals in the administration of strictly govtl functions, like immunity is enjoyed by the municipality in the performance of the same duties, unless it is expressly made liable by statute…The exemption is based upon the sovereign charac of the state & its agencies and upon the absence of obligation. B. In the administration of its patrimonial property [corporate functions], a municipality is to be regarded as a private corpo or individual in so far as its liability to third persons on contract or in tort is concerned.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Its contracts, validly entered into, may be enforced & damages may be collected from it for the torts of its officers or agents within the scope of their employment in precisely the same manner and to the same extent as those of private corporations or individuals. As to such matters the principles of respondeat superior applies. [ Addtl requirement] To create such liability, it is necessary that the act done which is injurious to others must be within the scope of the corporate powers…it must not be ultra vires (must not lie wholly outside of the general or special powers of the corpo as conferred in its charter or by statute). Reason: A corpo can’t be impliedly liable to a greater extent that it could make itself by express corporate vote or action. 2) HERE  the leasing of a municipal ferry to the highest bidder is a corporate function. Such a lease…constitutes a contract…which the municipality is bound to respect. Were the municipality a party to this action…a judgment for damages against it for the rescission of the contract would be proper. But the present action is against the members of the municipal council personally. So… Issue2: Are the individual municipal council members liable? A. Gen. Rule: In administering the patrimonial property of municipalities, the municipal council occupies the position of a board of directors of a private corpo. They are not liable for the mismanagement of corpo affairs where such mismanagement is a mistake of judgment. B. Exception: Directors & managing officers may be liable for mismanagement…if it can be plainly shown that their actions are so far opposed to the true interests of the corpo itself as to lead to the clear inference that no one thus acting could have been influenced by any honest desire to secure such interests, but that he must have acted with an intent to subserve some outside purpose, regardless of the consequences to the corpo, and in a manner inconsistent with its interests. HERE There was no valid reason for forcibly evicting the plaintiff. He had operated the ferry for over a year with knowledge of the councilors. Thus, the argument that he had been operating a ferry other than the one leased to him is untenable. In rescinding the contract, thereby making the municipality liable to an action for damages for no valid reason at all, the defendant councilors are not honestly acting for the interests of the municipality. They are liable solidarily for the damages sustained by the plaintiff. Affirmed.

DGNotes: If a municipality acts in a governmental capacity, how can they be liable? 1. bad faith of public officer - officer is liable 2. law provides it can beliable – Sec 24 LGC; Art 2189 CC

CA VE AT:

- 98 -

San Fernando vs. Firme (1991) Facts: Morning of December 1965, collision occurred involving:  Passenger jeepney driven by Balagot and owned by Estate of Nieveras  Gravel and sand truck driven by Marandang and owned by Velasquez  Dump truck of Municipality • Casualties: several passengers of the jeep including Laureano, Sr. died • Dec 1966, private respondents instituted a compliant for damages against the Estate of Nieveras and Balagot, in the CFI of La Union, Br I. However, defendants filed Third Party Complaint against Municipality and the driver of dump truck (Bislig). Issue: WON the municipality is liable for the torts committed by its employee: TEST: depends on whether or not the driver, acting in behalf of the municipality, is performing governmental or proprietary functions. SC notes that in permitting such entities to be sued (through allowance in the municipal charter), the State merely gives the claimant the right to show that the defendant was not acting in its governmental capacity when the injury was committed or that the case comes under the exceptions recognized by law. Failing this, the claimant cannot recover. And in the CAB, the driver was indeed performing governmental functions!  Bislig insists that "he was on his way to the Naguilian river to get a load of sand and gravel for the repair of San Fernando's municipal streets." SC ruled in Palafox, et. al. v. Province of Ilocos Norte, the District Engineer, and the Provincial Treasurer (102 Phil 1186) that "the construction or maintenance of roads in which the truck and the driver worked at the time of the accident are admittedly governmental activities". • In the absence of any evidence to the contrary, the regularity of the performance of official duty is presumed (RoC). Hence, the driver of the dump truck was performing duties or tasks pertaining to his office. Hence, no liability.

DGNotes: • Is this no longer good law with passage of LGC? No. LGC should be read civil code provisions. • Differentiated bet. Suability and liability. Determine first if suable. If yes, then determine if liable. Sec 24- LGUs and its officials are not exempt from liability for death or injury. All government units can be sued because of Sec 24. Won one can recover is another question.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Fernando vs. CA (1992) Facts: • A certain Bascon won the bid for the re-emptying of the septic tank in Agdao. • losing bidder Bertulano with four other companions were found dead inside the septic tank. • The City Engineer's office investigated, findings: the victims entered the tank without clearance from it nor with the knowledge and consent of the market master. The tank was found to be almost empty and the victims were presumed to be the ones who did the re-emptying. • Autopsy reveals: cause of death of all five victims as `asphyxia' caused by the diminution of oxygen supply. The lungs of the five victims burst due to their intake of toxic gas, produced from the waste matter in the tank. • Heirs of the deceased filed suit against City of Davao. • Trial court dismissed, CA awarded damages. But upon MR, CA reversed its original ruling and dismissed the case.

- 99 old hand in this kind of service, who is presumed to know the hazards of the job. His failure, therefore, and that of his men to take precautionary measures for their safety was the proximate cause of the accident. 3. Petitioners: insist on the applicability of Article 24 of the New Civil Code: "Art. 24. In all contractual, property or other relations, when one of the parties is at a disadvantage on account of his moral dependence, ignorance, indigence, mental weakness, tender age or other handicap, the courts must be vigilant for his protection." SC: Untenable. We approve of the appellate court's ruling that "(w)hile one of the victims was invited to bid for said project, he did not win the bid, therefore, there is a total absence of contractual relations between the victims and the City Government of Davao City that could give rise to any contractual obligation, much less, any liability on the part of Davao City."

Guillergan vs. Ganzon (1966) Issue: WON Davao City guilty of negligence in the case at bar? Held: NO. To be entitled to damages for an injury resulting from the negligence of another, a claimant must establish the relation between the omission and the damage. He must drove under Article 2179 of the New Civil Code that the defendant's negligence was the immediate and proximate cause of his injury. Proximate cause has been defined as that cause, which, in natural and continuous sequence unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred 1. Petitioners fault the city government of Davao for failing to clean a septic tank for the period of 19 years resulting in an accumulation of hydrogen sulfide gas which killed the laborers. They contend that such failure was compounded by the fact that there was no warning sign of the existing danger and no efforts exerted by the public respondent to neutralize or render harmless the effects of the toxic gas. They submit that the public respondent's gross negligence was the proximate cause of the fatal incident. SC: No. While it may be true that the public respondent has been remiss in its duty to re-empty the septic tank annually, such negligence was not a continuing one. Upon learning from the report of the market master about the need to clean the septic tank of the public toilet in Agdao Public Market, the public respondent immediately responded by issuing invitations to bid for such service. 2. In view of this factual milieu, it would appear that an accident such as toxic gas leakage from the septic tank is unlikely to happen unless one removes its covers. The accident in the case at bar occurred because the victims on their own and without authority from the public respondent opened the septic tank. Considering the nature of the task of emptying a septic tank especially one which has not been cleaned for years, an ordinarily prudent person should undoubtedly be aware of the attendant risks. The victims are no exception; more so with Mr. Bertulano, an

CA VE AT:

Facts: Petitioners are laborers or employees in the unclassified service, assigned as market-sweepers of the City of Iloilo. They had been working for some time, ranging from 9-25 years. Claiming that they had been illegally dismissed or separated, they filed suit against the Mayor, Treasurer et al of Iloilo City, to compel these officers to reinstate them to their former positions. Mayor claimed that he had the right to remove or separate the petitioners from the service because they were not civil service eligibles and were paid on a daily basis. Issue: WON the lower court erred in holding the City of Iloilo jointly liable with the other respondents for the back salaries of petitioners Held: Yes 1. The Charter of Iloilo City (Sec. 3 of Commonwealth Act No. 158), expressly provides that the City of Iloilo may "sue and be sued". 2. The operation of a market, in the cleaning of which petitioners herein are engaged, is not strictly a governmental function. 3. It has been settled that municipal corporations may be held liable for back pay or wages of employees or laborers illegally separated from the service, including those involving primarily governmental functions, such as those of policemen. Decision affirmed.

Pilar vs. Sangguniang Bayan ng Dasol, Pangasinan (1984) Facts: Expedito Pilar was elected as Vice mayor of Dasol, Pangasinan.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER SB of Dasol adopted Resolution No. 1 increasing the salaries of mayor and municipal treasurer but not that of the vice mayor. Pilar questioned it. The provincial and national gov’t endorsed compliance with Circular 9-A of the Joint Commission on Local Government and Personal administration in giving the revised rate of salary to the vice mayor. The executive secretary of the Commission sent a letter to Mayor advising him to pay vice mayor salary equal to the treasurer. SB enacted resolution appropriating the amount of P15,144 as unpaid salaries of Pilar from Jan 1, 1981- Dec. 31, 1982. Mayor vetoed the resolution. Hence, Pilar filed for a writ of mandamus. Issue: WON Pilar is entitled to damages Held: Yes Pilar is entitled to damages and attorney's fees because the facts show that 1. he was forced to litigate in order to claim his lawful salary which was unduly denied him for 3 years and 2. the Mayor acted in gross and evident bad faith in refusing to satisfy petitioner's plainly valid, just and demandable claim. WHO WILL PAY DAMAGES? Mayor Lodovico Espinosa alone should be held liable and responsible for the miserable plight of Pilar. • Mayor vetoed without just cause SB Resolution appropriating the salary of Pilar • Mayor exceeded his authority in an arbitrary manner when he vetoed the resolution since there exists sufficient municipal funds from which the salary of the petitioner could be paid. • Mayor's refusal, neglect or omission in complying with the directives of the Provincial Budget Officer and the Director of the Bureau of Local Government that the salary of the petitioner be provided for and paid the prescribed salary rate, is reckless and oppressive Mayor is liable personally to the petitioner for exemplary or corrective damages as well as actual damages and costs of litigation for mental anguish, serious anxiety, wounded feelings, moral shock, social humiliation and similar injury. Attorney’s fees was also awarded.

Tuzon vs. CA (1992) Facts: Sangguniang Bayan of Camalaniugan, Cagayan unanimously adopted Resolution No.9 where 1% donation from thresher operators who will apply for a permit to thresh within its jurisdiction will be solicited to help finance construction of Sports and Nutrition Center. Petitioner municipal treasurer Mapagu prepared a document for signature of all thresher applying for a mayor’s permit to implement the resolution:

CA VE AT:

- 100 that thresher-owner-operator voluntarily agree to donate 1% of all palay threshed within jurisdiction of municipality… and agree to report weekly the total number of palay threshed…

Private respondent Jurado sent his agent to municipal treasurer’s office to pay license fee of 285P for thresher operators but Mapagu refused to accept payment and required him to secure a mayor’s permit first. Mayor Tuzon said that he should first comply with Resolution9 and sign the agreement before permit could be issued. Jurado ignored requirement and sent 285P license fee by postal money order to the office of municipal treasurer. Mapago returned amount because of failure to comply with Resolution No.9. Special civil action for mandamus with damages to compel issuance of mayor’s permit and license filed with CFI. then declaratory judgment against resolution and implementing agreement for being illegal either as a donation or as a tax measure. Issue: W/N Mayor and Treasurer are liable for damages. Held: NO. Civil Code provision (Art27) has been remarked: To have a purpose to end the bribery system, where public official, for some flimsy excuse, delays or refuses the performance of his duty until he gets some kind of pabagsak” (Paras on Civil Code) To presuppose that the refusal or omission of a public official to perform his official duty is attributable to malice or inexcusable negligence (Phil. Match Co. vs. City of Cebu) In any event, the erring public functionary is justly punishable under it for whatever loss or damage complainant has sustained.  CAB: It has not been alleged that Mayor’s refusal to act on his application was an attempt to compel him to resort to bribery to obtain approval of his application. It cannot be said also that mayor and treasurer were motivated by personal spite or were grossly negligent in refusing to issue permit and license to Jurado. No evidence has been offered to show that they singled out Jurado for persecution. Neither does it appear that they stood to gain personally from refusing to issue to Jurado the permit and license he needed. They were not his business competitors nor has it been established that they intended to favor his competitors. On the contrary, record discloses that resolution was uniformly applied to all threshers in the municipality without discrimination or preference. Petitioners acted within scope of their authority and in consonance with their honest interpretation of the resolution. In the absence of a judicial decision declaring it invalid, the legality of challenged measures would have to be presumed. As executive officials of the municipality, they had the duty to enforce it as long as it had not been repealed by Sangguniang Bayan or annulled by the courts.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER As to Jurado’s contention that he was prevented from operating his business and profit by petitioners’ acts… SC: Petitioners are correct that he should have taken prudent course of signing the agreement under protest and later challenging it in court to relieve him of the obligation to “donate.”

- 101 Respondents’ contention: (1) By seeking specific performance of deed of donation as their primary cause of action, they cannot at the same time claim ownership over property subject of donation by virtue of laches or acquisitive prescription – inconsistent causes of action. (2) Trial court already found deed to have been validly revoked so the primary cause of action was already declared inexistent  Hence, correct dismissal of complaint by CA. Held: YES. See (2)

Baluyot et al. vs. CA (1999)

1.

Facts: Petitioners are residents of Brgy. Cruz-na-Ligas, Diliman, QC and members of a non-stock corporation Cruz-na-Ligas Homesite Association, Inc. They filed a complaint for specific performance and damages against UP before RTC, QC, which was later amended to include QC government. They allege: UP through Board of Regents approved donation of land in their favor and of its willingness to proceed with it, and Association manifested consent in writing for benefit of bonafide residents and agreement to comply with its terms and conditions UP backed-out and resumed negotiations on donation thru QC government under terms disadvantageous to residents UP and Petitioners have come to the agreement for the execution of Deed of Donation by UP to QC gov for the benefit of qualified residents under the conditions to be complied with by QC gov’t. QC immediately prepared groundworks to comply but UP failed to deliver certificate of title covering property to enable QC to register Deed of Donation and ownership and comply with the terms and conditions of the Deed (Par18 of complaint) Despite requests and several conferences made, UP did not comply with its duty to deliver certificate (Par19) Upon expiration of 18months, UP declared revocation of Deed for alleged noncompliance with terms and conditions (Par20) Issue1: W/N Petitioners’ amended complaint alleges facts constituting a cause of action. Petitioners’ argument: Citing paragraphs 185, 196 and 207 of their complaint questioning the validity of revocation of the donation and seek enforcement of donation through specific performance. 5

That QC government immediately prepared the groundworks in compliance with the terms and conditions of the donation, but UP had failed to deliver certificate of title covering property to be donated to enable QC to register Deed of Donation and corresponding certificate of title be issued under its name. 6 UP had continuously and unlawfully refused, despite requests and several conferences made, to comply with its reciprocal duty to deliver certificate of tile to enable Donee (QC gov) to register the ownership so that it can legally and fully comply with their obligation under the deed of donation. 7 Upon expiration of 18months for alleged non-compliance of QC gov with terms and conditions of Deed of Donation, UP thru President Abueva unilaterally, capriciously, whimsically, and unlawfully issued Admin Order 21 declaring deed of donation revoked and donated property be reverted to UP.

CA VE AT:

As to RTC ruling that there is no cause of action for specific performance because of revocation of donation but UP was barred to contest petitioners’ right to remain in possession on ground of laches. W/N it is correct SC: NO. RTC is erroneous. a. UP cannot be barred by laches While prescription does not run against registered lands, nonetheless a registered owner’s action to recover possession of his land may be barred by laches (as held in Mejia de Lucas vs. Gamponia). However, laches is a defense against a registered owner suing to recover possession of the land registered in its name. UP is not suing in CAB.

b.

Petitioners did not invoke laches. What they alleged in their complaint is their occupancy of the land from time immemorial, adversely, and continuously in concept of owner.

c.

They may have claimed prescription but it is untenable. Land in question is registered land. Validity of UP’s title to land cannot be questioned being a collateral attack on registered land which is not permitted.

d.

2.

As to CA ruling that complaint fails to state a cause of action. W/N complaint states a cause of action. SC: YES. CA is erroneous. All the elements of a cause of action are found contained in amended complaint. ((1) right in favor of plaintiff by whatever means and under whatever law it arises or is created; (2) an obligation by defendant to respect or not to violate such right; (3) act or omission on part of defendant in violation of right of plaintiff or constituting a breach of obligations of defendant to plaintiff for which latter may maintain an action for recovery of damages)

a.

While they were not parties to deed of donation, their right to seek its enforcement upon their allegation that they are intended beneficiaries of donation to QC gov is supported by Art1311, CC (stipulation pour autrui) which exists in CAB:

(1)

That there must be a stipulation in favor of a 3 rd person  Par17 of complaint (that deed of donation contains a stipulation that QC gov, as donee, is required to transfer to qualified residents, by way of donations, the lots occupied by them)

(2)

Stipulation must be a part, not the whole of the contract  same Par17 (that the stipulation is part of conditions and obligations imposed by UP, as donor, upon QC gov, as donee)

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER (3)

Contracting parties must have clearly and deliberately conferred a favor upon 3rd person, not a mere incidental benefit or interest  Par15 and 16 (that intent of parties to deed of donation was to confer a favor upon petitioners by transferring to latter lots occupied by them)

(4)

3rd person must have communicated his acceptance to obligor before its revocation  Par19 (that conferences were held between parties to convince UP to surrender certificates of title to QC gov, implying that donation had been accepted by petitioners by demanding fulfillment thereof and that UP were aware of such acceptance)

(5)

b.

Neither of contracting parties bears legal representation or authorization of 3rd party  all allegations considered together (it can be fairly inferred that neither acted in representation of the other; each had its own obligations, in view of conferring a favor upon petitioners) Amended complaint further alleged: That UP has an obligation to transfer the land to city government so that QC gov can in turn comply with its obligations to make improvements and then transfer it to petitioners, That in breach of this obligation, UP failed to deliver title and then revoked deed of donation city failed to fulfill its obligation within time allowed  These allegations must be deemed to be hypothetically true for purpose of determining sufficiency of cause of action. It is for trial court to determine ruling on the merits.

- 102 causes of action where one of them clearly states a sufficient cause of action against defendant. CA reversed. Case remanded to RTC.

Voodoo Fire in Haiti (part 2): To the left of the fire a row of stakes had been driven into the ground. Fixed horizontally across them at the height of a man’s head were crossbars from which depended five long conical drums. A gigantic naked negro stood in front of each, working like a fiend. Two of the men used short wooden sticks but the other three evoked a peculiar rhythm by gliding their fingers and palms over the tightly stretched goatskins. The drums responded to the efforts of these sweating blacks with a shattering resonance of sound. Suddenly a negress wearing a white chemise and a scarlet sash stood up. It was the Mamaloi… Backwards and forwards danced the Mamaloi. In and out between the rows of squatting figures. Her eyes were fixed in a rigid sightless stare and the sweat poured down her body. Saliva ran from her mouth, trickling down her neck and between her breasts. She approached the fire… (continued…)

3.

As to Respondents’ contention that trial court has already found that the donation has already been revoked SC: No merit. The ruling on that point was made in connection with the application for a writ of preliminary injunction to stop UP from ejecting petitioners. TC denied injunction on the ground that donation had already been revoked and therefore petitioners had no clear legal right to be protected. Evident that such ruling was only tentative, without prejudice to the final resolution of the question after presentation by the parties of their evidence. Issue2: W/N amended complaint alleges inconsistent causes of action for specific performance of deed of donation. Respondents claim: While petitioners claim to be beneficiariesdonees of 15.8hectares subject of the deed, they at the same time seek recovery/delivery of title to 42hectares of land included in UP’s certificate of title. Held: NO. Such allegations are not inconsistent but, rather, alternative causes of action which Rule8, Sec2 RoC allows. 1. Parties are allowed to plead as many separate claims as they may have, regardless of consistency, provided that no rules regarding venue and joinder of parties are violated. 2. Moreover, subjects of these claims are not exactly and entirely the same parcel of land, when their causes of action consist of 2 definite and distinct claims. Rule is that a trial judge cannot dismiss a complaint which contained 2 or more

CA VE AT:

Ch ap te r 3: In terg overnmen ta l R el at io ns – Nat ion al G overnmen t a nd L oc al G overnmen t Uni ts Ex ec ut iv e Supe rv isio n 1987 Constitution Article X Sec2: The territorial and political subdivisions shall enjoy local autonomy. Sec4: The President of the Philippines shall exercise general supervision over local governments. 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. Article XI Sec25 (no such section)

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER

- 103 unlawfully refused and still refused to surrender said office to Reyes, who claimed to be entitled thereto.

Local Government Code Sec25: National Supervision over Local Government Units. — (a) Consistent with the basic policy on local autonomy, the President shall exercise general supervision over local government units to ensure that their acts are within the scope of their prescribed powers and functions. The President shall exercise supervisory authority directly over provinces, highly urbanized cities, and independent component cities; through the province with respect to component cities and municipalities; and through the city and municipality with respect to barangays. (b) National agencies and offices with project implementation functions shall coordinate with one another and with the local government units concerned in the discharge of these functions. They shall ensure the participation of local government units both in the planning and implementation of said national projects. (c) The President may, upon request of the local government unit concerned, direct the appropriate national agency to provide financial, technical, or other forms of assistance to the local government unit. Such assistance shall be extended at no extra cost to the local government unit concerned. (d) National agencies and offices including government-owned or controlled corporations with field units or branches in a province, city, or municipality shall furnish the local chief executive concerned, for his information and guidance, monthly reports including duly certified budgetary allocations and expenditures.

Issue: WON a municipal mayor, not charged with disloyalty to the Republic of the Philippines, may be removed or suspended directly by the President of the Philippines, regardless of the procedure set forth in sections 2188 to 2191 of the Revised Administrative Code. Held: NO 1. President has no "inherent power to remove or suspend" local elective officers. In the same case, this Court also declared that there is no statutory or consti provision granting the President sweeping authority to remove municipal officials. What is the procedure prescribed by law for the suspension of elective municipal officials? Provincial governor receives and investigates complaints. If a more severe punishment (not mere reprimand) is required, he shall submit the charges to the provincial board. He may suspend the officer pending action by the board. The preventive suspension shall not be for more than 30 days. The provincial board shall then conduct a trial on the charges. If the officer wishes to appeal an adverse decision of the board, he may appeal to the Secretary of the Interior. (based on section 2188 to 2191 of the Revised Admin Code) It is, likewise, well settled that laws governing the suspension or removal of public officers, especially those chosen by the direct vote of the people, must be strictly construed in their favor.

Hebron vs. Reyes (1958) Facts: → In the 1951 general elections, Hebron, a LP member, and Reyes, of the NP, were elected mayor and vice-mayor, of Carmona, Cavite for a term of 4 years. ↓ Hebron discharged the duties and functions of mayor continuously until May 22 or 24, 1954, when he received a letter from the Office of the President stating the ff:  That the President has decided to assume directly the investigation of the administrative charges against him.  That he shall be suspended from office, effective immediately, to last until the final termination of the administrative proceedings (Hebron was suspended for more than a year and seven months)  That Vice-Mayor Reyes would assume the office of Acting Mayor during that period. → Thereupon Reyes acted as mayor of Carmona and the Provincial Fiscal of Cavite investigated the charges. After holding hearings in connection with said charges, the provincial fiscal submitted his report thereon on July 15, 1954. Since then, the matter has been pending in the Office of the President for decision. Inasmuch as a decision did not appear to be forthcoming, and the term of petitioner, who remained suspended, was about to expire, he instituted the present action for quo warranto, upon the ground that respondent was illegally holding the Office of Mayor of Carmona, and had

CA VE AT:

Accordingly, when the procedure for the suspension of an officer is specified by law, the same must be deemed mandatory and adhered to strictly, in the absence of express or clear provision to the contrary — which does not exist with respect to municipal officers. What is more, the language of sections 2188 to 2191 of the Revised Administrative Code leaves no room for doubt that the law - in the words of Mr. Justice Tuason — "frowns upon prolonged or indefinite suspension of local elective officials" (Lacson vs. Roque). → In CAB, Hebron was suspended in may 1954. The records of the case were forwarded to the Exec. Secretary since July 15, 1954. Yet no decision had been made as of May 1955, when this complaint was filed or before the expiration of Hebron’s term on December 31, 1955. 2.

Next, respondent cites Sections 79 (C) and 86 of the RAC. These provisions state that the Dept. Head (referring to Secretary of Interior) shall have direct control…over all bureaus and OFFICES… SC: In the case of Mondano vs. Silvosa, this Court has already said that although the Dept. Head as agent of the president has direct control over all bureaus and offices, he does not have the same control of local governments.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER

- 104 would, in effect, place local governments under the control of the Executive and consequently conflict with the Constitution

These provisions were inserted in the RAC during the American regime, when the Executive (Gov-Gen) still had control over all executive functions of government. However, this authority has been constricted under the new Consti, which limits the Exec’s powers to general supervision.

If neither the Secretary of the Interior nor the President may disapprove a resolution of the Provincial Board of Pangasinan (as held in the case of Rodriguez vs. Montinola), passed within the jurisdiction thereof, because such disapproval would connote the assumption of control, which is denied by the Constitution, it is manifest that greater control would be wielded by said officers of the national government if they could either assume the powers vested in said provincial board or act in substitution thereof, such as by suspending municipal officials, without the administrative proceedings prescribed in sections 2188 to 2190 of the Administrative Code, before said board.

If the same sections would be applied to local governments, the President could alter or modify or nullify any duly enacted municipal ordinance. Yet, it is well settled that he cannot do so. Also, the word “offices” as used in 79 (C) was not deemed to include local governments, even before the adoption of the Consti. 3.

Respondent also cites section 64 (C) of the RAC, which gives the President authority to order an investigation of any action or conduct of any person in the government. SC: The powers specified in this provision are given to the Pres. “in addition to his general supervisory authority.” It follows that the application of these powers to municipal corporations would contravene the consti provision restricting the authority of the Pres. over local governments to “general supervision.”

4.

7.

Respondent cites 64 (B) of the RAC, which empowers the Executive to remove officials from office conformably to law …for disloyalty… SC: First of all, it is not claimed that Hebron is charged with disloyalty so such provision is not applicable to his case. Even then, the provision states that the power of removal must be exercised “conformably to law,” which as regards municipal officers, is found in sections 2188-2191 of the RAC. Finally, this Court held in the case of Alejandrino vs. Quezon that the power of removal does not imply the authority to suspend for a substantial period of time (which, in that case, was only 1 year)

5.

6.

If such were the basic principles underlying the organization of our local governments, at a time when the same were under the control of the Governor-General (the representative of the United States, which has delegated to us some governmental powers, to be exercised in the name of the United States), with more reason must those principles be observed under the Constitution of the Philippines, pursuant to which "sovereignty resides in the (Filipino) people and all government authority emanates from them" and the power of the President over local governments is limited to "general supervision . . . as may be provided by law."

Re: conflict between section 64, 79 and 86 of the RAC and sections 2188-2191 of the same code SC: Sections 2188-2191, being specific provisions, setting forth the procedure for disciplinary action that may be taken against municipal officials, must prevail over sections 64, 79 and 86, which are general provisions dealing with the powers of the President and the dept. heads over the officers of the government. The alleged authority of the Executive to suspend a municipal mayor directly, without any opportunity on the part of the provincial governor and the provincial board to exercise the administrative powers of both under sections 2188 to 2190 of the Administrative Code, cannot be adopted without conceding that said powers are subject to repeal or suspension by the President. Obviously, this cannot, and should not, be done without a legislation of the most explicit and categorical nature, and there is none to such effect. Moreover, as stated in Mondano vs. Silvosa, said legislation

CA VE AT:

As early as April 7, 1900, President McKinley, in his Instructions to the Second Philippine Commission, laid down the policy that our municipal governments should be "subject to the least degree of supervision and control" on the part of the national government; that said supervision and control should be "confined within the narrowest limits"; that in the distribution of powers among the governments to be organized in the Philippines, "the presumption is always to be in favor of the smaller subdivision"; that the organization of local governments should follow "the example of the distribution of powers between the states and the national government of the United States"; and that, accordingly, the national government "shall have no direct administration except of matters of purely general concern."

8.

Respondent argues that the authority of the President over our municipal corporations is not identical to that of State Governors in the United States, for the former is the Executive, with more comprehensive powers than those of the latter, who are merely chief executives SC: Although this view is accurate (see Severino vs. Governor General case), it is immaterial to the CAB. The Severino case referred to the authority of the American Governor-General over local governments established in the Philippines, as an unincorporated territory or insular possession of the United States, which local governments had been placed by McKinley's Instructions under the "control" of said officer. The case at bar deals with the

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER authority of the President of the Philippines, as a full sovereign state, over local governments created by Philippine laws, enacted by representatives of the Filipino people, who elected said representatives and are the ultimate repository of our sovereignty, in the exercise of which they adopted and promulgated a Constitution, and ordained therein, that, in lieu of the power of control of the former Governors-General, our Executive shall merely exercise "general supervision over all local governments as may be provided by law."

9.

Respondent points out that municipal corporations in the US have the power of “local self-government,” which is not given to our political subdivisions. This means simply that, whereas the former may not be deprived of their right to local "selfgovernment", the latter have only such autonomy, if any, as the central government may deem fit to grant thereto, and that said autonomy shall be under the control of the national government, which may decree its increase, decrease, or, even, complete abolition SC: True. But who shall exercise this power on behalf of the state? Not the Executive, but the legislature, as an incident of its authority to create or abolish municipal corporations, and, consequently, to define its jurisdiction and functions. (Dean Vicente Sinco: Local governments are subject to the control of Congress which has the authority to prescribe the procedure by which the President may perform his constitutional power of general supervision.)

10. Respondent claims that the power of general supervision of the President imposes upon him the duty of non-interference in purely corporate affairs of local governments, but such limitation does not apply to its political affairs. SC: The limitation of the President’s authority to general supervision only is unqualified, and hence, it applies to all powers of municipal corporations, corporate and political alike. Besides, there was no need to qualify the consti powers of the pres. as regards corporate functions of local governments, inasmuch as the Executive never had any control over said functions anyway. The same are not, and never have been, under the control of Congress. In the exercise of corporate functions, municipal corporations are on the same level vis-à-vis the National Government, as private corporations. Thus, the limitation of the President’s powers could have no other purpose than to affect his authority over political functions. NOTE: This theory was already rejected by the Court in Villena vs. Secretary of Interior. 11. Respondent claims that the action of the Executive was based on the demand of public interest and the seeming implication of some of the former decisions of this Court SC: The question is not one of necessity or usefulness, but of authority or prerogative. If public interest demands it, the remedy is to have the legislative branch correct by appropriate enactment. If the law (in this case, the RAC) is

CA VE AT:

- 105 too narrow in scope, it is for the Legislature, and not the courts, to expand it. Besides, as said earlier, the issue of WON the executive may suspend municipal officials has never been squarely presented and decided before this Court. All the cases cited by respondent (as shown above) are not identical to the CAB.

CONCLUSIONS:  Under the present law, the procedure prescribed in Sections 2188-2191 of the RAC is MANDATORY and EXCLUSIVE  The Executive may conduct investigations to determine whether municipal officials are guilty of acts or omissions warranting admin. action, as a means to ascertain whether the provincial governor and the board should take such action  The Executive may take appropriate measures to compel the provincial governor and board to take such action, but if they fail to do so, the Executive may not deprive the governor and the board of the powers under sections 2188-2190 of the RAC  The authority vested in the Executive under section 2191 is merely appellate in character

Ganzon vs. CA (1991) - supra Facts: Series of administrative complaints (10) were filed against Mayor Ganzon by various city officials sometime in 1988… Mayor Ganzon answered and cases were set for hearing (where a series of postponements occurred). *Sec. Santos (of Department of Local Government) issued preventive suspension order for 60days after finding probable grounds and reasons in said hearings. *A prima facie evidence found to exist in arbitration case filed by Erbite so another preventive suspension for 60days was ordered by Sec. Santos. Meanwhile, Sec. Santos issued a third order of preventive suspension for another 60days and designated ViceMayor as acting mayor. Ganzon commenced a petition for prohibition in CA. Ganzon claims: 1. denial of due process Held: No denial of due process. Ganzon did not show very clearly in what manner he might have been deprived of his rights by Sec. Santos 2. Sec. of Local Government, as President’s alter ego, is without authority to suspend/remove local officials Ganzon contends: 1987 Constitution (see Sec4) no longer allows President to exercise power of suspension/removal over local officials because: 1. it is meant to strengthen self-rule by local government units

2.

by deleting the phrase “as may be provided by law” in previous Constitutions, the President was stipped of power of control over local governments  since the power of the President is “provided by law”, and hence, no law may provide for it any longer in 1987 Consti

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER 3.

their view that finds support in Constitutional Commission debates Note: Sec. of Local Government meted out suspensions in consonance with Secs.62 (Notice of Hearing), and 63 (Preventive Suspension) of BP337 (Local Government Code). Did the 1987 Constitution, in deleting the phrase”, intend to divest the President of power to investigate/suspend/ discipline/remove local officials?  NO, notwithstanding the change, charter did not intend to divest the legislature of its right, or the President of his prerogative as conferred by existing legislation, to provide administrative sanctions against local officials the omission only signifies underscoring local governments’ autonomy from congress and to break Congress “control” over their affairs Consti did not intend, for sake of local autonomy, to deprive legislature of all authority over municipal corporations, in particular, concerning discipline

-

The deletion was meant to stress, sub silencio, the objective of framers to strengthen local autonomy by severing congressional control of its affairs, as observed by CA, like the power of local legislation… BUT it did nothing more. Insofar as existing legislation authorizes the President (through Sec of Local Government) to proceed against local officials administratively, Consti contains no prohibition. What is LOCAL AUTONOMY? Under the Constitution, it is not instantly self-executing, but subject to, among other things, the passage of a local government code (ArtX S3), a local tax law (S5,6), income distribution legislation (S7), and a national representation law (S9), and measures (S14) designed to realize autonomy at the local level. In spite of autonomy, the Constitution places the local government under the general supervision of the Executive. The charter also allows Congress to include in the local government code provisions for removal of local officials  suggesting that Congress may exercise removal powers. As the existing Local Government Code has done, it has been delegated to the President (see ArtX, Sec3).

But the power of investigation and disciplinary authority are not included in supervisory powers?  A mistaken impression, because legally, “supervision” is not incompatible with disciplinary authority as held in Mondano vs. Silvosa… the impression has apparently been worsened by rulings in Lacson vs. Roque, Hebron vs. Reyes, Mondano vs. Silvosa, and Pelaez vs. Auditor General. The Court denied the President power (to suspend/remove) but it was not because of the thought that the President cannot exercise it on account of his limited power, but because the law lodged the power elsewhere. Where in cases in which the law gave the President power like Ganzon vs. Kayanan, it found little difficulty in sustaining him.

CA VE AT:

- 106 Has the Constitution repealed Sec62 and 63 of LGC?  NO… “supervision” and “removal” are not incompatible and may stand with the other notwithstanding the stronger expression of local autonomy under the new Constitution, that in spite of the approval of the Charter, LGC (Batas#337) is still in force and effect Are the successive orders of suspensions proper? Considerations in preventive suspensions: 1. A preventive suspension of a duly elected officer may be justified but its continuance for an unreasonable length of time as to outrun the bounds of reason and result in sheer oppression raises a due process question where his right to hold office will be nullified and injustice may be inflicted on the people which elected him. 2. It is also because it is out of the ordinary to have a vacancy in local government

3.

Its sole objective is simply “to prevent the accused from hampering the normal cause of the investigation with his influence and authority over possible witnesses” or to keep him off “the records and other evidence.” It is a means to assist prosecutors in firming up a case, if any, against an erring local official. 4. Under LGC, it cannot exceed 60days, which is to say that it need not be exactly 60days long if a shorter period is otherwise sufficient, and also to say that it ought to be lifted if prosecutors have achieved their purpose in a shorter span. 5. It is not a penalty and not unlike preventive imprisonment in which accused is held to insure his presence at trial. Both enjoy a presumption of innocence. 6. It is temporary. A longer suspension is unjust and unreasonable, and nothing less than tyranny.  Although President (through Sec) is not precluded from exercising a legal power, it appears that Sec of Interior is exercising it oppressively and with a grave abuse of discretion… Held: Ganzon to suffer duration of 3rd suspension (which is the one under question), but as to the remaining 7complaints, Department of Local Government is urged to undertake steps to expedite them, subject to Ganzon’s usual remedies if warranted. Meanwhile, Sec. is precluded from meting out further suspensions based on remaining complaints, notwithstanding findings of prima facie evidence. Ganzon may serve suspension so far ordered, but may no longer be suspended for offenses he was charged originally, provided: (1) delays in investigation due to his fault, neglect or request shall not be counted in computing time of suspension (S63(3), LGC); (2) if during, or after expiration of, his suspension, he commits another crime/abuse for which proper charges are filed against him, his previous suspension shall not be a bar to another preventive suspension, if warranted under Sec63(b) of LGC. RULES laid down by SC: 1. Local autonomy, under Consti, involves a mere decentralization of administration, not of power, in which local officials remain accountable to the central government in the manner the law may provide. 2. The new Consti does not prescribe federalism.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER 3.

4.

5.

The change in constitutional language (w/respect to supervision clause) was meant to deny legislative control over local governments; it did not exempt the latter from legislative regulations provided regulation is consistent with the fundamental premise of autonomy. Since local governments remain accountable to the national authority, the latter may, and in the manner set forth therein, impose disciplinary action against local officials; “Supervision” and “investigation” are not inconsistent terms; “investigation” does not signify “control” (which President does not have).

Drilon vs. Lim (1994) Facts: Pursuant to Sec 187 of the LGC, the Secretary of Justice had, on appeal to him of four oil companies and a taxpayer, declared Ordinance No. 7794, otherwise known as the Manila Revenue Code, null and void for non-compliance with the prescribed procedure in the enactment of tax ordinances and for containing certain provisions contrary to law and public policy. Secretary argues that the annulled Section 187 is constitutional and that the procedural requirements for the enactment of tax ordinances as specified in the Local Government Code has indeed not been observed. Issue: Constitutionality of Sec. 187 of the LGC Held: Constitutional Every court, including this Court, is charged with the duty of a purposeful hesitation before declaring a law unconstitutional, on the theory that the measure was first carefully studied by the executive and the legislative departments and determined by them to be in accordance with the fundamental law before it was finally approved. To doubt is to sustain. The presumption of constitutionality can be overcome only by the clearest showing that there was indeed an infraction of the Constitution, and only when such a conclusion is reached by the requipped majority may the Court pronounce, in the discharge of the duty it cannot escape, that the challenged act must be struck down. In CAB, the RTC was rather hasty in invalidating the provision. Section 187 authorizes the Secretary of Justice to review only the constitutionality or legality of the tax ordinance and, if warranted, to revoke it on either or both of these grounds. When he alters or modifies or sets aside a tax ordinance, he is not also permitted to substitute his own judgment for the judgment of the local government that enacted the measure. Secretary Drilon did set aside the Manila Revenue Code, but he did not replace it with his own version of what the Code should be. He did not pronounce the ordinance unwise or unreasonable as a basis for its annulment. He did not say that in his judgment it was a bad law. What he found only was that it was illegal. All he did in reviewing the said measure was determine if the petitioners were

CA VE AT:

- 107 performing their functions is accordance with law, that is, with the prescribed procedure for the enactment of tax ordinances and the grant of powers to the city government under the Local Government Code. As we see it, that was an act not of control but of mere supervision. An officer in control lays down the rules in the doing of an act. It they are not followed, he may, in his discretion, order the act undone or re-done by his subordinate or he may even decide to do it himself. Supervision does not cover such authority. The supervisor or superintendent merely sees to it that the rules are followed, but he himself does not lay down such rules, nor does he have the discretion to modify or replace them. If the rules are not observed, he may order the work done or re-done but only to conform to the prescribed rules. He may not prescribe his own manner for the doing of the act. He has no judgment on this matter except to see to it that the rules are followed. In the opinion of the Court, Secretary Drilon did precisely this, and no more nor less than this, and so performed an act not of control but of mere supervision.

Consultations Sec2, LGC: Declaration of Policy. xxx (c) It is likewise the policy of the State to require all national agencies and offices to conduct periodic consultations with appropriate local government units, nongovernmental and people's organizations, and other concerned sectors of the community before any project or program is implemented in their respective jurisdictions. Sec26: Duty of National Government Agencies in the Maintenance of Ecological Balance. — It shall be the duty of every national agency or government-owned or controlled corporation authorizing or involved in the planning and implementation of any project or program that may cause pollution, climatic change, depletion of non-renewable resources, loss of crop land, rangeland, or forest cover, and extinction of animal or plant species, to consult with the local government units, nongovernmental organizations, and other sectors concerned and explain the goals and objectives of the project or program, its impact upon the people and the community in terms of environmental or ecological balance, and the measures that will be undertaken to prevent or minimize the adverse effects thereof. aisa dc Sec27: Prior Consultations Required. — No project or program shall be implemented by government authorities unless the consultations mentioned in Sections 2 (c) and 26 hereof are complied with, and prior approval of the sanggunian concerned is obtained: Provided, That occupants in areas where such projects are to be implemented shall not be evicted unless appropriate relocation sites have been provided, in accordance with the provisions of the Constitution.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Memorandum Circular No.52 (1993) - Calling Attention To And Enjoining Strict Compliance With The Provisions Of The Local Government Code Of 1991 (R.A. No. 7160) Requiring Mandatory Coordination And Consultation With Local Government Units, Non-Governmental And People's Organizations And Other Concerned Sectors "SECTION 26. Duty of National Government Agencies in the Maintenance of Ecological Balance. — It shall be the duty of every national agency or government-owned or controlled corporation authorizing or involved in the planning and implementation of any project or program that may cause pollution, climatic change, depletion of non-renewable resources, loss of crop land, rengeland, or forest cover, and extinction of animal or plant species, to consult with the local government units, nongovernmental organizations, and other sectors concerned and explain the goals and objectives of the project or program, its impact upon the people and the community in terms of environmental or ecological balance, and the measures that will be undertaken to prevent or minimize the adverse effects thereof." "SECTION 27. Prior Consultations Required. — No project or program shall be implemented by government authorities unless the consultations mentioned in Sections 2(c) and 26 hereof are complied with, and prior approval of the sanggunian concerned is obtained: Provided, That occupants in areas where such projects are to be implemented shall not be evicted unless appropriate relocation sites have been provided, in accordance with the provisions of the Constitution." Accordingly, all officers and employees of national government agencies and offices, including concerned government owned and controlled corporations are hereby enjoined to strictly comply with the foregoing provisions of the Local Government Code as well as the pertinent provisions of its Implementing Rules and Regulations. DONE in the City of Manila, this 2nd day of June, in the year of Our Lord, Nineteen Hundred and Ninety-Three.

RA 8975 (2000) - An Act To Ensure The Expeditious Implementation And Completion Of Government Infrastructure Projects By Prohibiting Lower Courts From Issuing Temporary Restraining Orders, Preliminary Injunctions Or Preliminary Mandatory Injunctions, Providing Penalties For Violations Thereof, And For Other Purposes Sec7: Issuance of Permits. — Upon payment in cash of the necessary fees levied under Republic Act No. 7160, as amended, otherwise known as the Local Government Code of 1991, the governor of the province or mayor of a highlyurbanized city shall immediately issue the necessary permit to extract sand, gravel and other quarry resources needed in government projects. The issuance of said permit shall consider environmental laws, land use ordinances and the pertinent provisions of the Local Government Code relating to environment.

CA VE AT:

- 108 -

Lina vs. Paño (2001) Facts: Respondent Calvento was appointed agent by the PCSO to install a terminal for the operation of lotto in San Pedro, Laguna. He applied for a mayor's permit but this was denied due to an ordinance passed by the Sangguniang Panlalawigan entitled Kapasiyahan BLG. 508. Respondent filed a complaint for declaratory relief with prayer for preliminary mandatory injunction and TRO. TC rendered decision in favor of respondent. M4Recon which was denied.

Petitioners filed

Issue: WON prior consultations and approval by the concerned Sanggunian are needed before the operation of a lotto system can be allowed. Held: NO Sec 2 (c) and 27 apply only to national programs and?or projects which are ot be implemented ona particular local community. Lotto is neither a program nor a project of the NG but of a charitable institution, the PCSO. Section 27, read in conjunction with Sec 26 would show that the projects and programs mentioned in Sec 27 are those that a) may affect pollution b) may bring climatic change c) may cause the depletion of non-renewable resources, d) may result in loss of crop land, range-land, or forest cover e) may eradicate certain animal or plant species from the face of the planet f) other programs and projects that may call for the eviction of a particular group of people None of these effects will be produced by the introduction of the lotto in Laguna. Argument of lack of prior consultation and approval is a mere afterthought as it was not indicated in the letter of refusal to issue a mayor's permit.

DGNotes: not a sound decision! Sec 2 is a broader provision which should not be limited to provisions of Secs. 26 and 27.

Relations with Philippine National Police Sec28: Powers of Local Chief Executives over the Units of the Philippine National Police. — The extent of operational

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER supervision and control of local chief executives over the police force, fire protection unit, and jail management personnel assigned in their respective jurisdictions shall be governed by the provisions of Republic Act Numbered Sixty-nine hundred seventy-five (R.A. No. 6975), otherwise known as "The Department of the Interior and Local Government Act of 1990", and the rules and regulations issued pursuant thereto.

RA 6975 (1990) as amended by RA 8551 (1998) RA 8551 (1998) – An Act Providing For The Reform And Reorganization Of The Philippine National Police And For Other Purposes, Amending Certain Provisions Of Republic Act Numbered Sixty-Nine Hundred And Seventy-Five Entitled, "An Act Establishing The Philippine National Police Under A Re-Organized Department Of The Interior And Local Government, And For Other Purposes TITLE I: TITLE AND DECLARATION OF POLICY Sec1. Title. —xxx Sec2: Declaration of Policy and Principles. xxx [rationale of law: to institutionalize police force and prevent bosissm. TITLE II: THE ROLE OF THE PNP IN COUNTER-INSURGENCY FUNCTIONS Sec3: Section 12 of Republic Act No. 6975 is hereby amended to read as follows: "SEC. 12. Relationship of the Department with the Department of National Defense. — The Department of the Interior and Local Government shall be relieved of the primary responsibility on matters involving the suppression of insurgency and other serious threats to national security. The Philippine National Police shall, through information gathering and performance of its ordinary police functions, support the Armed Forces of the Philippines on matters involving suppression of insurgency, except in cases where the President shall call on the PNP to support the AFP in combat operations. "In times of national emergency, the PNP, the Bureau of Fire Protection, and the Bureau of Jail Management and Penology shall, upon the direction of the President, assist the armed forces in meeting the national emergency." TITLE III: THE NATIONAL POLICE COMMISSION Sec4: Section 13 of Republic Act No. 6975 is hereby amended to read as follows: "SEC. 13. Creation and Composition. — A National Police Commission, hereinafter referred to as the Commission, is hereby created for the purpose of effectively discharging the functions prescribed in the Constitution and provided in this Act. The Commission shall be an agency attached to the Department for policy and program coordination. It shall be composed of a Chairperson, four (4) regular Commissioners, and the Chief of PNP as ex-officio member. Three (3) of the regular commissioners shall come from the civilian sector who are neither active nor former members of the police or military, one

CA VE AT:

- 109 (1) of whom shall be designated as vice chairperson by the President. The fourth regular commissioner shall come from the law enforcement sector either active or retired: Provided, That an active member of a law enforcement agency shall be considered resigned from said agency once appointed to the Commission: Provided, further, That at least one (1) of the Commissioners shall be a woman. The Secretary of the Department shall be the ex-officio Chairperson of the Commission, while the Vice Chairperson shall act as the executive officer of the Commission."

Sec5: Section 14 of Republic Act No. 6975 is hereby amended to read as follows: "SEC. 14. Powers and Functions of the Commission. — The Commission shall exercise the following powers and functions: "(a) Exercise administrative control and operational supervision over the Philippine National Police which shall mean the power to: "1) Develop policies and promulgate a police manual prescribing rules and regulations for efficient organization, administration, and operation, including criteria for manpower allocation, distribution and deployment, recruitment, selection, promotion, and retirement of personnel and the conduct of qualifying entrance and promotional examinations for uniformed members; "2) Examine and audit, and thereafter establish the standards for such purposes on a continuing basis, the performance, activities, and facilities of all police agencies throughout the country; "3) Establish a system of uniform crime reporting; "4) Conduct an annual self-report survey and compile statistical data for the accurate assessment of the crime situation and the proper evaluation of the efficiency and effectiveness of all police units in the country; "5) Approve or modify plans and programs on education and training, logistical requirements, communications, records, information systems, crime laboratory, crime prevention and crime reporting; "6) Affirm, reverse or modify, through the National Appellate Board, personnel disciplinary actions involving demotion or dismissal from the service imposed upon members of the Philippine National Police by the Chief of the Philippine National Police; "7) Exercise appellate jurisdiction through the regional appellate boards over administrative cases against policemen and over decisions on claims for police benefits; "8) Prescribe minimum standards for arms, equipment, and uniforms and, after consultation with the Philippine Heraldry Commission, for insignia of ranks, awards, and medals of honor. Within ninety (90) days from the effectivity of this Act, the standards of the uniformed personnel of the PNP must be revised which should be clearly distinct from the military and reflective of the civilian character of the police; "9) Issue subpoena and subpoena duces tecum in matters pertaining to the discharge of its own powers and duties,

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER and designate who among its personnel can issue such processes and administer oaths in connection therewith; "10) Inspect and assess the compliance of the PNP on the established criteria for manpower allocation, distribution, and deployment and their impact on the community and the crime situation, and thereafter formulate appropriate guidelines for maximization of resources and effective utilization of the PNP personnel; "11) Monitor the performance of the local chief executives as deputies of the Commission; and "12) Monitor and investigate police anomalies and irregularities. "b) Advise the President on all matters involving police functions and administration; "c) Render to the President and to the Congress an annual report on its activities and accomplishments during the thirty (30) days after the end of the calendar year, which shall include an appraisal of the conditions obtaining in the organization and administration of police agencies in the municipalities, cities and provinces throughout the country, and recommendations for appropriate remedial legislation; "d) Recommend to the President, through the Secretary, within sixty (60) days before the commencement of each calendar year, a crime prevention program; and "e) Perform such other functions necessary to carry out the provisions of this Act and as the President may direct." Sec6: Section 15 of Republic Act No. 6975 is hereby amended to read as follows: "SEC. 15. Qualifications. — No person shall be appointed regular member of the Commission unless: "(a) He or she is a citizen of the Philippines; "(b) A member of the Philippine Bar with at least five (5) years experience in handling criminal or human rights cases or a holder of a master's degree but preferably a doctorate degree in public administration, sociology, criminology, criminal justice, law enforcement, and other related disciplines; and "(c) The regular member coming from the law enforcement sector should have practical experience in law enforcement work for at least five (5) years while the three (3) other regular commissioners must have done extensive research work or projects on law enforcement, criminology or criminal justice or members of a duly registered non-government organization involved in the promotion of peace and order." Sec7: Section 16 of Republic Act No. 6975 is hereby amended to read as follows: "SEC. 16. Term of Office. — The four (4) regular and full-time Commissioners shall be appointed by the President for a term of six (6) years without re-appointment or extension." Sec8: Expiration of the Terms of Office of Current Commissioners. xxx held unconstitutional under Canonizado. Sec9: Section 17 of Republic Act No. 6975 is hereby amended to read as follows: "SEC. 17. Temporary or Permanent Incapacity of the Chairperson. — In case of absence due to the temporary

CA VE AT:

- 110 incapacity of the chairperson, the Vice chair shall serve as Chairperson until the Chairperson is present or regains capacity to serve. In case of death or permanent incapacity or disqualification of the chairperson, the acting chairperson shall also act as such until a new chairperson shall have been appointed by the President and qualified."

Sec10: Section 20 of Republic Act No. 6975 is hereby amended to read as follows: "SEC. 20. Organizational Structure. — The Commission shall consist of the following units: "(a) Commission Proper. — This is composed of the offices of the Chairman and four (4) Commissioners. "(b) Staff Services. — The staff services of the Commission shall be as follows: "(1) The Planning and Research Service, which shall provide technical services to the Commission in areas of overall policy formulation, strategic and operational planning, management systems or procedures, evaluation and monitoring of the Commission's programs, projects and internal operations; and shall conduct thorough research and analysis on social and economic conditions affecting peace and order in the country; "(2) The Legal Affairs Service, which shall provide the Commission with efficient and effective service as legal counsel of the Commission; draft or study contracts affecting the Commission and submit appropriate recommendations pertaining thereto; and render legal opinions arising from the administration and operation of the Philippine National Police and the Commission; "(3) The Crime Prevention and Coordination Service, which shall undertake criminological researches and studies; formulate a national crime prevention plan; develop a crime prevention and information program and provide editorial direction for all criminology research and crime prevention publications; "(4) The Personnel and Administrative Service, which shall perform personnel functions for the Commission, administer the entrance and promotional examinations for policemen, provide the necessary services relating to records, correspondence, supplies, property and equipment, security and general services, and the maintenance and utilization of facilities, and provide services relating to manpower, career planning and development, personnel transactions and employee welfare; "(5) The Inspection, Monitoring and Investigation Service, which shall conduct continuous inspection and management audit of personnel, facilities and operations at all levels of command of the PNP, monitor the implementation of the Commission's programs and projects relative to law enforcement; and monitor and investigate police anomalies and irregularities; "(6) The Installations and Logistics Service, which shall review the Commission's plans and programs and formulate policies and procedures regarding acquisition, inventory, control, distribution, maintenance and disposal of supplies and shall oversee the implementation of

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER programs on transportation facilities and installations and the procurement and maintenance of supplies and equipment; and "(7) The Financial Service, which shall provide the Commission with staff advice and assistance on budgetary and financial matters, including the overseeing of the processing and disbursement of funds pertaining to the scholarship program and surviving children of deceased and/or permanently incapacitated PNP personnel. "(c) Disciplinary Appellate Boards — The Commission shall establish a formal administrative disciplinary appellate machinery consisting of the National Appellate Board and the regional appellate boards. "The National Appellate Board shall decide cases on appeal from decisions rendered by the PNP chief, while the regional appellate boards shall decide cases on appeal from decisions rendered by officers other than the PNP chief, the mayor, and the People's Law Enforcement Board (PLEB) created hereunder." Sec11: Section 22 of Republic Act No. 6975 is hereby amended to read as follows: "SEC. 22. Qualifications of Regional Directors. — XXX Sec12: Qualifications Upgrading Program. — XXX TITLE IV: THE PHILIPPINE NATIONAL POLICE A. REORGANIZATION Sec13: Authority of the Commission to Reorganize the PNP. — Notwithstanding the provisions of Republic Act No. 6975 on the organizational structure and rank classification of the PNP, the Commission shall conduct a management audit, and prepare and submit to Congress a proposed reorganization plan of the PNP not later than December 31, 1998, subject to the limitations provided under this Act and based on the following criteria: a) increased police visibility through dispersal of personnel from the headquarters to the field offices and by the appointment and assignment of non-uniformed personnel to positions which are purely administrative, technical, clerical or menial in nature and other positions which are not actually and directly related to police operation; and b) efficient and optimized delivery of police services to the communities. The PNP reorganization program shall be approved by Congress through a joint resolution.

B. QUALIFICATIONS UPGRADING Sec14: Section 30 of Republic Act No. 6975 is hereby amended to read as follows: "SEC. 30. General Qualifications for Appointment. — No person shall be appointed as officer or member of the PNP unless he or she possesses the following minimum qualifications: "a) A citizen of the Philippines; "b) A person of good moral conduct;

CA VE AT:

- 111 "c) Must have passed the psychiatric/psychological, drug and physical tests to be administered by the PNP or by any NAPOLCOM accredited government hospital for the purpose of determining physical and mental health; "d) Must possess a formal baccalaureate degree from a recognized institution of learning; "e) Must be eligible in accordance with the standards set by the Commission; "f) Must not have been dishonorably discharged from military employment or dismissed for cause from any civilian position in the Government; "g) Must not have been convicted by final judgment of an offense or crime involving moral turpitude; "h) Must be at least one meter and sixty-two centimeters (1.62 m.) in height for male and one meter and fifty-seven centimeters (1.57 m.) for female; "i) Must weigh not more or less than five kilograms (5 kgs.) from the standard weight corresponding to his or her height, age, and sex; and "j) For a new applicant, must not be less than twenty-one (21) nor more than thirty (30) years of age: except for the last qualification, the above-enumerated qualifications shall be continuing in character and an absence of any one of them at any given time shall be a ground for separation or retirement from the service: Provided, That PNP members who are already in the service upon the effectivity of this Act shall be given at least two (2) more years to obtain the minimum educational qualification and one (1) year to satisfy the weight requirement. "For the purpose of determining compliance with the requirements on physical and mental health, as well as the nonuse of prohibited drugs, the PNP by itself or through a NAPOLCOM accredited government hospital shall conduct regular psychiatric, psychological drug and physical tests randomly and without notice. "After the lapse of the time period for the satisfaction of a specific requirement, current members of the PNP who will fail to satisfy any of the requirements enumerated under this Section shall be separated from the service if they are below fifty (50) years of age and have served in Government for less than twenty (20) years or retired if they are from the age of fifty (50) and above and have served the Government for at least twenty (20) years without prejudice in either case to the payment of benefits they may be entitled to under existing laws."

Sec15: Waivers for Initial Appointments to the PNP. — The age, height, weight, and educational requirements for initial appointment to the PNP may be waived only when the number of qualified applicants fall below the minimum annual quota: Provided, That an applicant shall not be below twenty (20) nor over thirty-five (35) years of age: Provided, further, That any applicant not meeting the weight requirement shall be given reasonable time but not exceeding six (6) months within which to comply with the said requirement: Provided, furthermore, That only applicants who have finished second year college or have earned at least seventy-two (72) collegiate units leading to a bachelor's decree shall be eligible for appointment: Provided, furthermore, That anybody who will enter the service without a baccalaureate degree shall be given a maximum of four (4)

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER years to obtain the required educational qualification: Provided, finally, That a waiver for height requirement shall be automatically granted to applicants belonging to the cultural communities. Sec16: Selection Criteria Under the Waiver Program. — The selection of applicants under the Waiver Program shall be subject to the following minimum criteria: a) Applicants who possess the least disqualification shall take precedence over those who possess more disqualifications. b) The requirements shall be waived in the following order: (a) age, (b) height, (c) weight, and (d) education. The Commission shall promulgate rules and regulations to address other situations arising from the waiver of the entry requirements. Sec17: Nature of Appointment Under a Waiver Program. — Any PNP uniformed personnel who is admitted due to the waiver of the educational or weight requirements shall be issued a temporary appointment pending the satisfaction of the requirement waived. Any member who will fail to satisfy any of the waived requirements within the specified time periods under Section 13 of this Act shall be dismissed from the service. Sec18: Re-application of Dismissed PNP Members Under a Waiver Program. — Any PNP member who shall be dismissed under a waiver program shall be eligible to re-apply for appointment to the PNP: Provided, That he or she possesses the minimum qualifications under Section 14 of this Act and his or her reappointment is not by virtue of another waiver program. Sec19: The Field Training Program. — All uniformed members of the PNP shall undergo a Field Training Program for twelve (12) months involving actual experience and assignment in patrol, traffic, and investigation as a requirement for permanency of their appointment. Sec20: Increased Qualifications for Provincial Directors. — No person may be appointed Director of a Provincial Police Office unless: a) he or she holds a master's degree in public administration, sociology, criminology, criminal justice, law enforcement, national security administration, defense studies, or other related discipline from a recognized institution of learning; and b) has satisfactorily passed the required training and career courses necessary for the position as may be established by the Commission. Any PNP personnel who is currently occupying the position but lacks any of the qualifications mentioned above shall be given three (3) years upon the effectivity of this Act to comply with the requirements; otherwise he or she shall be relieved from the position. Sec21: Section 32 of Republic Act No. 6975 is hereby amended to read as follows:

CA VE AT:

- 112 "SEC. 32. Examinations of Policemen. — The National Police Commission shall administer the entrance and promotional examinations for policemen on the basis of the standards set by the Commission."

Sec22: Section 34 of Republic Act No. 6975 is hereby amended to read as follows: "SEC. 34. Qualifications of Chief of City and Municipal Police Stations. — No person shall be appointed chief of a city police station unless he/she is a graduate of Bachelor of Laws or has finished all the required courses of a master's degree program in public administration, criminology, criminal justice, law enforcement, national security administration, defense studies, and other related disciplines from a recognized institution of learning. No person shall be appointed chief of a municipal police station unless he or she has finished at least second year Bachelor of Laws or has earned at least twelve (12) units in a master's degree program in public administration, criminology, criminal justice, law enforcement, national security administration, and other related disciplines from a recognized institution of learning: Provided, That members of the Bar with at least five (5) years of law practice, licensed criminologists or graduates of the Philippine National Police Academy and who possess the general qualifications for initial appointment to the PNP shall be qualified for appointment as chief of a city or municipal police station: Provided, further, That the appointee has successfully passed the required field training program and has complied with other requirements as may be established by the Commission: Provided, furthermore, That the chief of police shall be appointed in accordance with the provisions of Section 51, paragraph (b), subparagraph 4(i) of this Act." Sec23: Qualifications Upgrading Program. — The Commission shall design and establish a qualifications upgrading program for the Philippine National Police officers and members in coordination with the Civil Service Commission, and the Commission on Higher Education through a distance education program and/or an in-service education program or other similar programs within ninety (90) days from the effectivity of this Act. C. ATTRITION SYSTEM FOR UNIFORMED PERSONNEL Sec24: Attrition System. — There shall be established a system of attrition within the uniformed members of the PNP within one (1) year from the effectivity of this Act to be submitted by the PNP to the Commission for approval. Such attrition system shall include but is not limited to the provisions of the following sections. Sec25: Attrition by Attainment of Maximum Tenure in Position. — The maximum tenure of PNP members holding key positions is hereby prescribed as follows: POSITION MAXIMUM TENURE Chief four (4) years Deputy Chief four (4) years Director of the Staff Services four (4) years Regional Directors six (6) years Provincial/City Directors nine (9) years

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Other positions higher than Provincial Director shall have the maximum tenure of six (6) years. Unless earlier separated, retired or promoted to a higher position in accordance with the PNP Staffing Pattern, police officers holding the abovementioned positions shall be compulsorily retired at the maximum tenure in position herein prescribed, or at age fifty-six (56), whichever is earlier: Provided, That in times of war or other national emergency declared by Congress, the President may extend the PNP Chief's tour of duty: Provided, further, That PNP members who have already reached their maximum tenure upon the effectivity of this Act may be allowed one (1) year more of tenure in their positions before the maximum tenure provided in this Section shall be applied to them, unless they shall have already reached the compulsory retirement age of fifty-six (56), in which case the compulsory retirement age shall prevail. Except for the Chief, PNP, no PNP member who has less than one (1) year of service before reaching the compulsory retirement age shall be promoted to a higher rank or appointed to any other position. Sec26: Attrition by Relief . — A PNP uniformed personnel who has been relieved for just cause and has not been given an assignment within two (2) years after such relief shall be retired or separated. Sec27: Attrition by Demotion in Position or Rank. — Any PNP personnel, civilian or uniformed, who is relieved and assigned to a position lower than what is established for his or her grade in the PNP staffing pattern and who shall not be assigned to a position commensurate to his or her grade within eighteen (18) months after such demotion in position shall be retired or separated. Sec28: Attrition by Non-promotion. — Any PNP personnel who has not been promoted for a continuous period of ten (10) years shall be retired or separated. Sec29: Attrition by Other Means. — A PNP member or officer with at least five (5) years of accumulated active service shall be separated based on any of the following factors: a) inefficiency based on poor performance during the last two (2) successive annual rating periods; b) inefficiency based on poor performance for three (3) cumulative annual rating periods; c) physical and/or mental incapacity to perform police functions and duties; or d) failure to pass the required entrance examinations twice and/or finish the required career courses except for justifiable reasons. Sec30: Retirement or Separation Under the Preceding Sections. — Any personnel who is dismissed from the PNP pursuant to Sections 25, 26, 27, 28 and 29 hereof shall be retired if he or she has rendered at least twenty (20) years of service and separated if he or she has rendered less than twenty (20) years of service unless the personnel is disqualified by law to receive such benefits.

CA VE AT:

- 113 D. PROMOTION SYSTEM Sec31: Rationalized Promotion System. — Within six (6) months after the effectivity of this Act, the Commission shall establish a system of promotion for uniformed and non-uniformed personnel of the PNP which shall be based on merits and on the availability of vacant positions in the PNP staffing pattern. Such system shall be gender fair and shall ensure that women members of the PNP shall enjoy equal opportunity for promotion as that of men. Sec32: Promotion by Virtue of Position. — Any PNP personnel designated to any key position whose rank is lower than that which is required for such position shall, after six (6) months of occupying the same, be entitled to a rank adjustment corresponding to the position: Provided, That the personnel shall not be reassigned to a position calling for a higher rank until after two (2) years from the date of such rank adjustment: Provided, further, That any personnel designated to the position who does not possess the established minimum qualifications therefor shall occupy the same temporarily for not more than six (6) months without reappointment or extension. Sec33: Section 38 (a) and (b) of Republic Act No. 6975 is hereby amended to read as follows: "SEC. 38. Promotions. — (a) A uniformed member of the PNP shall not be eligible for promotion to a higher position or rank unless he or she has successfully passed the corresponding promotional examination given by the Commission, or the Bar, or the corresponding board examinations for technical services and other professions, has satisfactorily completed the appropriate and accredited course in the PNPA or equivalent training institutions, and has satisfactorily passed the required psychiatric/psychological and drug tests. In addition, no uniformed member of the PNP shall be eligible for promotion during the pendency of his or her administrative and/or criminal case or unless he or she has been cleared by the People's Law Enforcement Board (PLEB), and the Office of the Ombudsman of any complaints proffered against him or her, if any. prcd "(b) Any uniformed member of the PNP who has exhibited acts of conspicuous courage and gallantry at the risk of his/her life above and beyond the call of duty, shall be promoted to the next higher rank: Provided, That such acts shall be validated by the Commission based on established criteria." E. UPGRADING OF SALARIES AND BENEFITS Sec34. Section 75 of the same Act is hereby amended to read as follows: "SEC. 75. Retirement Benefits. — XXX Sec35: Section 73 of the same Act is hereby amended to read as follows: "SEC. 73. Permanent Physical Disability. — An officer or nonofficer who is permanently and totally disabled as a result of injuries suffered or sickness contracted in the performance of his duty as duly certified by the National Police Commission, upon finding and certification by the appropriate medical officer, that the extent of the disability or sickness renders such member unfit or unable to further perform the duties of his position, shall

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER be entitled to one year's salary and to lifetime pension equivalent to eighty percent (80%) of his last salary, in addition to other benefits as provided under existing laws. "Should such member who has been retired under permanent total disability under this section die within five (5) years from his retirement, his surviving legal spouse or if there be none, the surviving dependent legitimate children shall be entitled to the pension for the remainder of the five (5) years guaranteed period." Sec36: Section 36 of Republic Act No. 6975 is hereby amended to read as follows: "SEC. 36. Status of Members of the Philippine National Police. — The uniformed members of the PNP shall be considered employees of the National Government and shall draw their salaries therefrom. They shall have the same salary grade level as that of public school teachers: Provided, That PNP members assigned in Metropolitan Manila, chartered cities and first class municipalities may be paid financial incentive by the local government unit concerned subject to the availability of funds." Sec37: Early Retirement Program. — Within three (3) years after the effectivity of this Act, any PNP officer or non-commissioned officer may retire and be paid separation benefits corresponding to a position two (2) ranks higher than his or her present rank subject to the following conditions: a) that at the time he or she applies for retirement, he or she has already rendered at least ten (10) years of continuous government service; b) the applicant is not scheduled for separation or retirement from the service due to the attrition system or separation for cause; c) he or she has no pending administrative or criminal case; and d) he or she has at least three (3) more years in the service before reaching the compulsory retirement age and at least a year before his or her maximum tenure in position. Sec38: Rationalization of Retirement and Separation Benefits. — The Commission shall formulate a rationalized retirement and separation benefits schedule and program within one (1) year from the effectivity of this Act for approval by Congress: Provided, That the approved schedule and program shall have retroactive effect in favor of PNP members and officers retired or separated from the time specified in the law, unless the retirement or separation is for cause and the decision denies the grant of benefits. TITLE V: INTERNAL AFFAIRS SERVICE Sec39: Creation, Powers, and Functions. — An Internal Affairs Service (IAS) of the PNP is hereby created which shall: a) pro-actively conduct inspections and audits on PNP personnel and units; b) investigate complaints and gather evidence in support of an open investigation; c) conduct summary hearings on PNP members facing administrative charges;

CA VE AT:

- 114 d) submit a periodic report on the assessment, analysis, and evaluation of the character and behavior of PNP personnel and units to the Chief PNP and the Commission; e) file appropriate criminal cases against PNP members before the court as evidence warrants and assist in the prosecution of the case; f) provide assistance to the Office of the Ombudsman in cases involving the personnel of the PNP. The IAS shall also conduct, motu proprio, automatic investigation of the following cases: a) incidents where a police personnel discharges a firearm; b) incidents where death, serious physical injury, or any violation of human rights occurred in the conduct of a police operation; c) incidents where evidence was compromised, tampered with, obliterated, or lost while in the custody of police personnel; d) incidents where a suspect in the custody of the police was seriously injured; and e) incidents where the established rules of engagement have been violated. Finally, the IAS shall provide documents or recommendations as regards to the promotion of the members of the PNP or the assignment of PNP personnel to any key position.

Sec40: Organization. — National, regional, and provincial offices of the Internal Affairs shall be established. Internal Affairs Service shall be headed by an Inspector General who shall be assisted by a Deputy Inspector General. The area offices shall be headed by a Director while the provincial offices shall be headed by a Superintendent: Provided, That the head of the Internal Affairs Service shall be a civilian who shall meet the qualification requirements provided herein. The commission shall establish a rationalized staffing pattern in the Reorganization Plan as provided for in Section 13 hereof. Sec41: Appointments. — The Inspector General shall be appointed by the President upon the recommendation of the Director General and duly endorsed by the Commission. Appointments of personnel who shall occupy various positions shall be made by the Inspector General and shall be based on an established career pattern and criteria to be promulgated by the Commission. Sec42: Entry Qualifications to IAS. — Entry to the Internal Affairs Service shall be voluntary and subject to rigid screening where only PNP personnel who have at least five (5) years experience in law enforcement and who have no derogatory service records shall be considered for appointment: Provided, That members of the Bar may enter the service laterally. Sec43: Initial Appointments to the National, Directorial, and Provincial Internal Affairs Service Offices. — Initial appointments of the heads of the offices in the Internal Affairs Service shall be made by the President upon recommendation by the Commission. Thereafter, appointments and promotions to

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER the Service shall follow the established requirements and procedures. Sec44: Promotions. — The Commission shall establish the promotion system within the IAS which shall follow the general principles of the promotion system in the PNP. Sec45: Prohibitions. — Any personnel who joins the IAS may not thereafter join any other unit of the PNP. Neither shall any personnel of the IAS be allowed to sit in a committee deliberating on the appointment, promotion, or assignment of any PNP personnel. Sec46: Career Development and Incentives. — (1) Personnel of the Internal Affairs Service shall in addition to other allowances authorized under existing laws be granted occupational specialty pay which shall not exceed fifty percent (50%) of their basic pay. This pay shall not be considered a forfeiture of other remuneration and allowances which are allowed under existing laws. (2) IAS members shall also have priorities in the quota allocation for training and education. Sec47: Records Management of the IAS. — Local Internal Affairs Offices shall be responsible for the maintenance and update of the records of the members of the PNP within their jurisdiction. When a PNP personnel is reassigned or transferred to another location or unit outside the jurisdiction of the current Internal Affairs Office, the original records of such personnel shall be transferred over to the Internal Affairs Office that will acquire jurisdiction over the transferred personnel while copies will be retained by the former Internal Affairs Office. In cases where a PNP personnel has been relieved of his/her position and has not been given an assignment, the Internal Affairs Office where the person has been assigned last shall continue to have jurisdiction over his or her records until such time that the officer or member shall have been given a new assignment where the records will be forwarded to the Internal Affairs Office acquiring jurisdiction over the PNP personnel. Sec48: Inclusion of Supervisors and Superiors in IAS Investigations. — The immediate superior or supervisor of the personnel or units being investigated under the preceding section shall be automatically included in the investigation of the IA to exclusively determine lapses in administration or supervision. Sec49: Disciplinary Recommendations of the IAS. — (a) Any uniformed PNP personnel found guilty of any of the cases mentioned in Section 39 of this Act and any immediate superior or supervisor found negligent under Section 48 shall be recommended automatically for dismissal or demotion, as the case may be. (b) Recommendations by the IAS for the imposition of disciplinary measures against an erring PNP personnel, once final, cannot be revised, set-aside, or unduly delayed by any disciplining authority without just cause. Any disciplining

CA VE AT:

- 115 authority who fails to act or who acts with abuse of discretion on the recommendation of the IAS shall be made liable for gross neglect of duty. The case of erring disciplinary authority shall be submitted to the Director General for proper disposition.

Sec50: Appeals. — Decisions rendered by the provincial inspectors shall be forwarded to the area internal affairs office for review within ten (10) working days upon the receipt thereof. Decisions of the area office may be appealed to the national office through the Office of Inspector General. Decisions rendered by the National IAS shall be appealed to the National Appellate Board or to the court as may be appropriate: Provided, That the summary dismissal powers of the Director General and Regional Directors as provided in Section 42 of Republic Act No. 6975 shall remain valid: Provided, further, That the existing jurisdiction over offenses as provided under Republic Act No. 6975 shall not be affected. Sec51: Complaints Against the IAS. — A complaint against any personnel or office of IAS shall be brought to the Inspector General's Office or to the Commission as may be appropriate. TITLE VI: DISCIPLINARY MECHANISMS Sec52: Section 41 of Republic Act No. 6975 is hereby amended to read as follows: "SEC. 41 (a). Citizen's Complaints. — Any complaint by a natural or juridical person against any member of the PNP shall be brought before the following: "(1) Chiefs of Police, where the offense is punishable by withholding of privileges, restriction to specified limits, suspension or forfeiture of salary, or any combination thereof, for a period not exceeding fifteen (15) days; "(2) Mayors of cities and municipalities, where the offense is punishable by withholding of privileges, restriction to specified limits, suspension or forfeiture of salary, or any combination thereof, for a period of not less than sixteen (16) days but not exceeding thirty (30) days; "(3) People's Law Enforcement Board, as created under Section 43 hereof, where the offense is punishable by withholding of privileges, restriction to specified limits, suspension or forfeiture of salary, or any combination thereof, for a period exceeding thirty (30) days; or by dismissal. "The Commission shall provide in its implementing rules and regulations a scale of penalties to be imposed upon any member of the PNP under this Section. "(b) Internal Discipline. — On dealing with minor offenses involving internal discipline found to have been committed by any regular member of their respective commands, the duly designated supervisors and equivalent officers of the PNP shall, after due notice and summary hearing, exercise disciplinary powers as follows: "(1) Chiefs of police or equivalent supervisors may summarily impose the administrative punishment of admonition or reprimand; restriction to specified limits; withholding of privileges; forfeiture of salary or suspension; or any of the combination of the foregoing:

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Provided, That, in all cases, the total period shall not exceed fifteen (15) days; "(2) Provincial directors or equivalent supervisors may summarily impose administrative punishment of admonition or reprimand; restrictive custody; withholding of privileges; forfeiture of salary or suspension, or any combination of the foregoing: Provided, That, in all cases, the total period shall not exceed thirty (30) days; "(3) Police regional directors or equivalent supervisors shall have the power to impose upon any member the disciplinary punishment of dismissal from the service. He may also impose the administrative punishment of admonition or reprimand; restrictive custody; withholding of privileges; suspension or forfeiture of salary; demotion; or any combination of the foregoing: Provided, That, in all cases, the total period shall not exceed sixty (60) days; "(4) The Chief of the PNP shall have the power to impose the disciplinary punishment of dismissal from the service; suspension or forfeiture of salary; or any combination thereof for a period not exceeding one hundred eighty (180) days: Provided, further, That the chief of the PNP shall have the authority to place police personnel under restrictive custody during the pendency of a grave administrative case filed against him or even after the filing of a criminal complaint, grave in nature, against such police personnel. "(c) Exclusive Jurisdiction. — A complaint or a charge filed against a PNP member shall be heard and decided exclusively by the disciplining authority who has acquired original jurisdiction over the case and notwithstanding the existence of concurrent jurisdiction as regards the offense: Provided, That offenses which carry higher penalties referred to a disciplining authority shall be referred to the appropriate authority which has jurisdiction over the offense. "For purposes of this Act, a 'minor offense' shall refer to any act or omission not involving moral turpitude, but affecting the internal discipline of the PNP, and shall include, but not limited to: "(1) Simple misconduct or negligence; "(2) Insubordination; "(3) Frequent absences and tardiness; "(4) Habitual drunkenness; and "(5) Gambling prohibited by law. "(d) Forum shopping of multiple filing of complaints. — When an administrative complaint is filed with a police disciplinary authority, such as the People's Law Enforcement Board (PLEB), no other case involving the same cause of action shall be filed with any other disciplinary authority. "In order to prevent forum shopping or multiple filing of complaints, the complainant or party seeking relief in the complaint shall certify under oath in such pleading, or in a sworn certification annexed thereto and simultaneously filed therewith, to the truth of the following facts and undertaking: "(a) that he has not heretofore commenced any other action or proceeding involving the same issues in other disciplinary forum;

CA VE AT:

"(b) "(c) "(d)

- 116 that to the best of his knowledge, no such action or proceeding is pending in other police administrative disciplinary machinery or authority; that if there is any such action or proceeding which is either pending or may have been terminated, he must state the status thereof; and that if he should thereafter learn that a similar action or proceeding has been filed or is pending before any other police disciplinary authority, he must undertake to report that fact within five (5) days therefrom to the disciplinary authority where the original complaint or pleading has been filed."

Sec53. Section 42 of Republic Act No. 6975 is hereby amended to read as follows: "SEC. 42. Summary Dismissal Powers of the National Police Commission, PNP Chief and PNP Regional Directors. — The National Police Commission, the chief of the PNP and PNP regional directors, after due notice and summary hearings, may immediately remove or dismiss any respondent PNP member in any of the following cases: "(a) When the charge is serious and the evidence of guilt is strong; "(b) When the respondent is a recidivist or has been repeatedly charged and there are reasonable grounds to believe that he is guilty of the charges; and "(c) When the respondent is guilty of a serious offense involving conduct unbecoming of a police officer. "Any member or officer of the PNP who shall go on absence without official leave (AWOL) for a continuous period of thirty (30) days or more shall be dismissed immediately from the service. His activities and whereabouts during the period shall be investigated and if found to have committed a crime, he shall be prosecuted accordingly." Sec54: Section 44 of Republic Act No. 6975 is hereby amended to read as follows: "SEC. 44. Disciplinary Appellate Boards. — The formal administrative disciplinary machinery of the PNP shall be the National Appellate Board and the regional appellate boards. "The National Appellate Board shall be composed of the four (4) regular commissioners and shall be chaired by the executive officer. The Board shall consider appeals from decisions of the Chief of the PNP. "The National Appellate Board may conduct its hearings or sessions in Metropolitan Manila or any part of the country as it may deem necessary. "There shall be at least one (1) regional appellate board per administrative region in the country to be composed of a senior officer of the regional Commission as Chairman and one (1) representative each from the PNP, and the regional peace and order council as members. It shall consider appeals from decisions of the regional directors, other officials, mayors, and the PLEBs: Provided, That the Commission may create additional regional appellate boards as the need arises." Sec55: Section 47 of Republic Act No. 6975 is hereby amended to read as follows:

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER "Sec. 47. Preventive Suspension Pending Criminal Case. — Upon the filing of a complaint or information sufficient in form and substance against a member of the PNP for grave felonies where the penalty imposed by law is six (6) years and one (1) day or more, the court shall immediately suspend the accused from office for a period not exceeding ninety (90) days from arraignment: Provided, however, That if it can be shown by evidence that the accused is harassing the complainant and/or witnesses, the court may order the preventive suspension of the accused PNP member even if the charge is punishable by a penalty lower than six (6) years and one (1) day: Provided, further, That the preventive suspension shall not be more than ninety (90) days except if the delay in the disposition of the case is due to the fault, negligence or petitions of the respondent: Provided, finally, That such preventive suspension may be sooner lifted by the court in the exigency of the service upon recommendation of the chief, PNP. Such case shall be subject to continuous trial and shall be terminated within ninety (90) days from arraignment of the accused." Sec56: Section 49 of Republic Act No. 6975 is hereby amended to read as follows: "SEC. 49. Legal Assistance. — The Secretary of Justice, the chairman of the Commission or the Chief of the PNP may authorize lawyers of their respective agencies to provide legal assistance to any member of the PNP who is facing before the prosecutor's office, the court or any competent body, a charge or charges arising from any incident which is related to the performance of his official duty: Provided, That government lawyers so authorized shall have the power to administer oaths: Provided, further, That in such cases, when necessary, as determined by the Commission, a private counsel may be provided at the expense of the Government. The Secretary of Justice, the Chairman of the Commission and the Chief of the PNP shall jointly promulgate rules and regulations to implement the provisions of this Section." TITLE VII: CREATION OF WOMEN'S DESKS IN ALL POLICE STATIONS AND THE FORMULATION OF A GENDER SENSITIVITY PROGRAM Sec57: Creation and Functions. — The PNP shall establish women's desks in all police stations throughout the country to administer and attend to cases involving crimes against chastity, sexual harassment, abuses committed against women and children and other similar offenses: Provided, That municipalities and cities presently without policewomen will have two (2) years upon the effectivity of this Act within which to comply with the requirement of this provision. Sec58: Prioritization of Women for Recruitment. — Within the next five (5) years, the PNP shall prioritize the recruitment and training of women who shall serve in the women's desk. Pursuant to this requirement, the PNP shall reserve ten percent (10%) of its annual recruitment, training, and education quota for women Sec59: Gender Sensitivity Program. — The Commission shall formulate a gender sensitivity program within ninety (90) days

CA VE AT:

- 117 from the effectivity of this Act to include but not limited to the establishment of equal opportunities for women in the PNP, the prevention of sexual harassment in the workplace, and the prohibition of discrimination on the basis of gender or sexual orientation.

Sec60: Administrative Liability. — Any personnel who shall violate the established rules and regulations regarding gender sensitivity and gender equality shall be suspended without pay for not less than thirty (30) days and shall undergo gender sensitivity seminar or training: Provided, That any personnel who violates the rules more than twice shall be recommended for demotion or dismissal from the PNP. Sec61: Non-prohibition for Promotion. — Nothing in this title shall be construed as a restriction on the assignment of policewomen to other positions in the PNP nor shall any provisions of this title be used for the non-promotion of a PNP female personnel to higher position. TITLE VIII: PARTICIPATION OF LOCAL GOVERNMENT EXECUTIVES IN THE ADMINISTRATION OF THE PNP Sec62: The provisions of the second, third, fourth and fifth paragraphs of subparagraph (b) (1), Section 51, Chapter III-D of Republic Act No. 6975 are hereby amended to read as follows: "The term 'operational supervision and control' shall mean the power to direct, superintend, and oversee the day-to-day functions of police investigation of crime, crime prevention activities, and traffic control in accordance with the rules and regulations promulgated by the Commission. "It shall also include the power to direct the employment and deployment of units or elements of the PNP, through the station commander, to ensure public safety and effective maintenance of peace and order within the locality. For this purpose, the terms 'employment' and 'deployment' shall mean as follows: "'Employment' refers to the utilization of units or elements of the PNP for purposes of protection of lives and properties, enforcement of laws, maintenance of peace and order, prevention of crimes, arrest of criminal offenders and bringing the offenders to justice, and ensuring public safety, particularly in the suppression of disorders, riots, lawlessness, violence, rebellious and seditious conspiracy, insurgency, subversion or other related activities. "'Deployment' shall mean the orderly and organized physical movement of elements or units of the PNP within the province, city or municipality for purposes of employment as herein defined." Sec63: Section 51 (b) (4) of Republic Act No. 6975 is hereby amended to read as follows: "(4) Other Powers. In addition to the aforementioned powers, city and municipal mayors shall have the following authority over the PNP units in their respective jurisdictions: "(i) Authority to choose the chief of police from a list of five (5) eligibles recommended by the provincial police director, preferably from the same province, city or municipality: Provided, however, That in no case shall an officer-in-charge be designated for more than thirty (30)

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER days: Provided, further, That the local peace and order council may, through the city or municipal mayor, recommend the recall or reassignment of the chief of police when, in its perception, the latter has been ineffective in combating crime or maintaining peace and order in the city or municipality: Provided, finally, That such relief shall be based on guidelines established by the NAPOLCOM; "(ii) Authority to recommend to the provincial director the transfer, reassignment or detail of PNP members outside of their respective city or town residences; and "(iii) Authority to recommend from a list of eligibles previously screened by the peace and order council the appointment of new members of the PNP to be assigned to their respective cities or municipalities without which no such appointments shall be attested: Provided, That whenever practicable and consistent with the requirements of the service, PNP members shall be assigned to the city or municipality of their residence. "The control and supervision of anti-gambling operations shall be within the jurisdiction of local government executives." Sec64: Automatic Deputation of Local Government Executives as Commission Representatives. — Governors and mayors, upon having been elected and living qualified as such, are automatically deputized as representatives of the National Police Commission in their respective jurisdiction. As deputized agents of the Commission, local government executives can inspect police forces and units, conduct audit, and exercise other functions as may be duly authorized by the Commission. Sec65: Section 52 of Republic Act No. 6975 is hereby amended to read as follows: "SEC. 52. Suspension or Withdrawal of Deputation. — Unless reversed by the President, the Commission may, after consultation with the provincial governor and congressman concerned, suspend or withdraw the deputation of any local executive for any of the following grounds: "(a) Frequent unauthorized absences; "(b) Abuse of authority; "(c) Providing material support to criminal elements; or "(d) Engaging in acts inimical to national security or which negate the effectiveness of the peace and order campaign. "Upon good cause shown, the President may, directly or through the Commission, motu proprio restore such deputation withdrawn from any local executive." TITLE IX: STRENGTHENING THE PEOPLE'S LAW ENFORCEMENT BOARD Sec66: Paragraph (a), Section 43 of Republic Act No. 6975 is hereby amended to read as follows: "SEC. 43. People's Law Enforcement Board (PLEB). — (a) Creation and Functions — The sangguniang panlungsod/bayan in every city and municipality shall create such number of People's Law Enforcement Boards (PLEBs) as may be necessary: Provided, That there shall be at least one (1) PLEB for every five hundred (500) city or municipal police personnel and for each of the legislative districts in a city.

CA VE AT:

- 118 "The PLEB shall be the central receiving entity for any citizen's complaint against the officers and members of the PNP. Subject to the provisions of Section 41 of Republic Act No. 6975, the PLEB shall take cognizance of or refer the complaint to the proper disciplinary or adjudicatory authority within three (3) days upon the filing of the complaint."

Sec67: Number (3) of Paragraph (b), Section 43 of Republic Act No. 6975 is hereby amended to read as follows: "(3) Three (3) other members who are removable only for cause to be chosen by the local peace and order council from among the respected members of the community known for their probity and integrity, one (1) of whom must be a woman and another a member of the Bar, or, in the absence thereof, a college graduate, or the principal of the central elementary school in the locality." Sec68. The last paragraph of Section 43 (b)(3) of Republic Act No. 6975 shall be amended to read as follows: "The Chairman of the PLEB shall be elected from among its members. The term of office of the members of the PLEB shall be for a period of three (3) years from assumption of office. Such member shall hold office until his successor shall have been chosen and qualified." Sec69: Compensation and Benefits. — Paragraph c, Section 43 of Republic Act No. 6975 shall be amended to read as follows: "(c) Compensation. — Membership in the PLEB is a civic duty. However, PLEB members shall be paid per diem and shall be provided with life insurance coverage as may be determined by the city or municipal council from city or municipal funds. The DILG shall provide for the per diem and insurance coverage of PLEB members in certain low income municipalities." Sec70: Budget Allocation. — The annual budget of the Local Government Units (LGU) shall include an item and the corresponding appropriation for the maintenance and operation of their local PLEBs. The Secretary shall submit a report to Congress and the President within fifteen (15) days from the effectivity of this Act on the number of PLEBs already organized as well as the LGUs still without PLEBs. Municipalities or cities without a PLEB or with an insufficient number of organized PLEBs shall have thirty (30) more days to organize their respective PLEBs. After such period, the DILG and the Department of Budget and Management shall withhold the release of the LGU's share in the national taxes in cities and municipalities still without PLEB(s). Sec71: Request for Preventive Suspension. — The PLEB may ask any authorized superior to impose preventive suspension against a subordinate police officer who is the subject of a complaint lasting up to a period as may be allowed under the law. A request for preventive suspension shall not be denied by the superior officer in the following cases: a) when the respondent refuses to heed the PLEB's summons or subpoena;

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER b) when the PNP personnel has been charged with offenses involving bodily harm or grave threats, c) when the respondent is in a position to tamper with the evidence; and d) when the respondent is in a position to unduly influence the witnesses. Any superior who fails to act on any request for suspension without valid grounds shall be held administratively liable for serious neglect of duty. Xxx

Executive Order No.292 (1987) Book IV, Chapter 7 Sec38: Definition of Administrative Relationship. — Unless otherwise expressly stated in the Code or in other laws defining the special relationships of particular agencies, administrative relationships shall be categorized and defined as follows: (3) Attachment. — (a) This refers to the lateral relationship between the department or its equivalent and the attached agency or corporation for purposes of policy and program coordination. The coordination may be accomplished by having the department represented in the governing board of the attached agency or corporation, either as chairman or as a member, with or without voting rights, if this is permitted by the charter; having the attached corporation or agency comply with a system of periodic reporting which shall reflect the progress of programs and projects; and having the department or its equivalent provide general policies through its representative in the board, which shall serve as the framework for the internal policies of the attached corporation or agency; (b) Matters of day-to-day administration or all those pertaining to internal operations shall be left to the discretion or judgment of the executive officer of the agency or corporation. In the event that the Secretary and the head of the board or the attached agency or corporation strongly disagree on the interpretation and application of policies, and the Secretary is unable to resolve the disagreement, he shall bring the matter to the President for resolution and direction; (c) Government-owned or controlled corporations attached to a department shall submit to the Secretary concerned their audited financial statements within sixty (60) days after the close of the fiscal year; and (d) Pending submission of the required financial statements, the corporation shall continue to operate on the basis of the preceding year's budget until the financial statements shall have been submitted. Should any governmentowned or controlled corporation incur an operation deficit at the close of its fiscal year, it shall be subject to administrative supervision of the department; and the corporation's operating and capital budget shall be subject to the department's examination, review, modification and approval.

- 119 With Art. XVI Sec. 6 Consti.8 in mind, Congress passed RA 6975, An Act establishing the PNP under a reorganized DILG. Petitioner filed a petition for review seeking the Court’s declaration of unconstitutionality of RA 6975. 1. WON RA 6975 emasculated the NPC by limiting its power to administrative control over the PNP, with control over the PNP and the NPC remaining with the DILG Sec. Held: NO. merely an exercise by the President of his control powers through his the DILG Sec. Doctrine of Qualified Political Agency – The President has to delegate some of his control powers to his cabinet members as he cannot be expected to exercise such all at the same time and in person. The President’s power of control is directly exercised by him over the members of the cabinet who, in turn, and by his authority, control the bureaus and other offices under their respective jurisdictions in the exec dept. Placing NAPOLCOM and the PNP under the reorganized DILG is merely an administrative realignment that would bolster a system of coordination and cooperation among the citizenry, local execs and the integrated law enforcement agencies. Organizational set-up does not violate the mandate of the Consti. As Sec 14 of RA 6975 specifically provides for administration and control at the commission level. 2. WON the following are in derogation of the power of control of the NAPOLCOM over the PNP: 1. power to choose the PNP Provincial Director and the Chief of Police vested in the Governors and Mayors, respectively (Sec 51) 2. power of operational supervision and control over police units vested in city and municipal mayors (Sec 51) 3. disciplinary powers over the PNP members vested in the People’s Law Enforcement Boards and in the city and municipal mayors. (Sec 51) 4. participation in appointments to positions of Senior Superintendent to Deputy Dir. Gen. as well as administration of qualifying entrance exams vested in CSC (Sec 31) Held: NO DEROGATION Nos. 1 and 2 – No usurpation of the power of control because under said provisions, the local executives are only acting as representatives of the NAPOLCOM. As such deputies, they are answerable to the NAPOLCOM for their actions in the exercise of their functions No. 3 – Commission exercises appellate jurisdiction, through the regional appellate boards, over decisions of both the PLEB and the said mayors. It is also the Commission which shall issue the implementing guidelines and procedures to be adopted by the PLEB for the conduct of its hearings.

Carpio vs. Executive Secretary (1992) 8

Facts:

CA VE AT:

The State shall establish and maintain one police force, which shall be national and scope and civilian in character, to be administered and controlled by a national police commission. xxx The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER As a disciplinary board primarily created to hear and decide citizen’s complaints against erring officers and members of the PNP, the establishment of the PLEBs would all the more help professionalize the police force. On No. 4 – It precisely underscores the civilian character of the national police force

Andaya vs. RTC (1999) • •

9

3. WON Sec 12 RA 6975 constitutes an encroachment upon, interference with, and an abdication by the Pres. of executive control and commander-in-chief powers. Held: NO Provision precisely gives muscle to and enforces the proposition that the national police force does not fall under the Commanderin-Chief powers of the President. This is necessarily so since the police force, not being integrated with the military, is not part of the AFP. Sec 12 simply provides for the transition period or process during which the national police would gradually assume the civilian function of safeguarding the internal security of the State. 4. WON the creation of the Special Oversight Committee under Sec 84 is an unconstitutional encroachment upon the President’s power of control over all executive depts., bureaus and offices Held: NO The SOC is merely a transitory or ad hoc body, established and tasked solely with planning and overseeing the immediate transfer, merger and absorption into the DILG of the involved agencies. Once its functions are carried out, it would cease to exist. Moreover, no executive dept. bureau or office is placed under its control and authority.

The commission is not in the same category as the independent Constitutional Commissions created by the Constitution which are independent of the Executive. It was even stressed during the CONCOM deliberations that this commission would be under the President’s, and ultimately the DILG Sec.’s control.

DGNotes: Art XVI Sec 6 Consti - 1st sentence qualifies the 2nd. Law governing power of local chief execs. must be consistent with the 1st. Under CAB, both NAPOLCOM and PNP were under the DILG. GOOD LAW? NO. Under RA 8551, the DILG and the NAPOLCOM are attached agencies, both under the President. The PNP is now under the NAPOLCOM.

9

During a period of 24 mos. From the effectivity of this Act, the AFP shall continue its present role of preserving the internal and external security of the State: Provided, that the said period may be extended by the Pres if he finds it justifiable, for another period not exceeding 24 mos, after which, the Dept. shall automatically take over from the AFP the primary role of preserving external security

CA VE AT:

- 120 -

• •

The position of City Director, Cebu City Police Command (chief of police) became vacant. Andaya, Regional Director of the Regional Police Command No. 7, submitted to the City Mayor of Cebu a list of 5 eligibles for the mayor to choose one to be appointed as the chief of police. The mayor did not choose anyone from the list because the name of P/Chief Inspector Andres Sarmiento was not included therein. Andaya refused to agree to Mayor Garcia’s request to include the name of Major Sarmiento in the list of recommendees. His refusal was based on his contention that Sarmiento was not qualified for the position.

WON the mayor may require the Regional Director to include the mayor’s protégé in the list of 5 eligibles to be recommended by the Regional Dir. from which the mayor shall choose the chief of police – NO • RA 6975, Sec. 51 gives authority to the Cebu City mayor to choose the chief of police from a list of 5 eligibles to recommended by the Regional Director, Regional Police Command No. 7. • Under RA 6975, Sec. 51, the mayor of Cebu City shall be deputized as representative of NAPOLCOM in his territorial jurisdiction and as such, the mayor shall have authority to choose the chief of police from a list of 5 eligibles recommended by the Police Regional Director. The City Police Station of Cebu City is under the direct command and control of the PNP Regional Director, Regional Police Command No. 7, and is equivalent to a provincial office. Then, the Regional Director, Regional Police Command No. 7 appoints the officer selected by the mayor as the chief of police. • It is the prerogative of the Regional Police Director to name the 5 eligibles from a pool of eligible officers screened by the Senior Officers Promotion and Selection Board, Headquarters, PNP, Camp Crame, without interference from local executives. • In case of disagreement between the Regional Police Director and the Mayor, the question shall be elevated to the Regional Director, NAPOLCOM, who shall resolve the issue within 5 working days from receipt and whose decision on the choice of the Chief of Police shall be final and executory. • As deputy of the Commission, the authority of the mayor is very limited. In reality, he has no power of appointment; he has only the limited power of selecting one from among the list of 5 eligibles to be named the chief of police.

•

Actually, the power to appoint the chief of police is vested in the Regional Director, Regional Police Command No. 7. Much less may the mayor require the Regional Director, Regional Police command, to include the name of any officer, no matter how qualified, in the list of 5 to be submitted to the mayor. The purpose is to enhance police professionalism

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER and to isolate domination.

the

police

service

from

- 121 must be made in good faith, not for political or personal reasons, or in order to circumvent the constitutional security of tenure of civil service ees.

political

•

Petition granted.

Canonizado vs. Aguirre (2000) •

• •

•

The NAPOLCOM was originally created under RA 6975 entitled “An Act Establishing the Philippine National Police Under A Reorganized Department of the Interior and Local Government, and for Other Purposes.” RA 8551 later on took effect. It declared that the terms of the current Commissioners were deemed as expired upon its effectivity. Pursuant to this, Pres. Ramos appointed Cairme and Adiong to the NAPOLCOM. Completing the membership were Magahum and Factoran, who were appointed by Pres. Estrada. According to petitioners, secs. 4 and 8 of RA 8551 are unconstitutional: o Sec. 4 – See Ra 8551 o Sec. 8: Upon the effectivity of this Act, the terms of office of the current Commissioners are deemed expired which shall constitute a bar to their reappointment or an extension of their terms in the Commission except for current Commissioners who have served less than 2 years of their terms of office who may be appointed by the Pres. for a maximum term of 2 years.

WON the removal of petitioners from office by virtue of Sec. 8 violates their security of tenure – YES • Petitioners are members of the civil service, which embraces all branches, subdivisions, instrumentalities and agencies of the government. As such, they cannot be removed or suspended from office, except for cause provided by law. The phrase “except for cause provided by law” refers to reasons which the law and sound public policy recognize as sufficient warrant for removal, that is, legal cause, and not merely causes which the appointing power in the exercise of discretion may deem sufficient. Aguirre, et. al.: The express declaration in Sec. 8, RA 8551 that the terms of petitioners’ offices are deemed expired discloses the legislative intent to impliedly abolish the NAPOLCOM created under RA 6975 pursuant to a bona fide reorganization. The various changes introduced by RA 8551 in the functions, composition and character of the NAPOLCOM is proof of Congress’ intention to abolish the body created under RA 6975 in order to replace it with a new NAPOLCOM which is more civilian in nature. • The creation and abolition of public officers is primarily a legislative function. Congress may abolish any office it creates without impairing the officer’s right to continue in the position held and such power may be exercised for various reasons, such as the lack of funds or in the interest of the economy. However, in order for the abolition to be valid, it

CA VE AT:

•

•

•

•

•

Mayor v. Macaraig: Abolition of an office is not the same as the declaration that that office is vacant. While it is a prerogative of the legislature to abolish certain offices, it cannot be conceded the power to simply pronounce those offices vacant and thereby effectively remove the occupants or holders thereof from the civil service. Such an act would constitute, on its face, an infringement of the constitutional guarantee of security of tenure, and will have to be struck down on that account. This is precisely what RA 8551 seeks to do – declare the offices of petitioners vacant, by declaring that “the terms of office of the current Commissioners are deemed expired,” thereby removing petitioners from the civil service. Congress may only be conceded this power if it is done pursuant to a bona fide abolition of the NAPOLCOM. RA 8551 did not expressly abolish petitioners’ positions. In order to determine whether there has been an implied abolition, it becomes necessary to examine the changes introduced by the new law in the nature, composition and functions of the NAPOLCOM. It is pointed out that under RA 6975, the NAPOLCOM was described as a collegial body within the DILG, whereas under RA 8551, it is made an agency attached to the Dept. for policy and program coordination. However, this change does not result in the creation of a new office. The organizational structure of NAPOLCOM remains essentially the same and except for the addition of the PNP Chief as ex-officio member, the composition of NAPOLCOM is also substantially identical under the 2 laws. Also, under both laws, the Sec. of the Dept. shall act as the ex-officio Chairman of NAPOLCOM and the Vice-Chairman shall be one of the Commissioners designated by the Pres. Also, the powers and duties of the NAPOLCOM remain basically unchanged by the amendments. (see pp. 322-324 for enumeration of functions in RA 6975 and RA 8551.) Clearly, the NAPOLCOM continues to exercise substantially the same administrative, supervisory, rule-making, advisory and adjudicatory functions.

Aguirre, et. al.: The fact that the NAPOLCOM is now vested with administrative control and operational supervision over the PNP, whereas under RA 6975, it only exercised administrative control should be construed as evidence of legislative intent to abolish such office. • Control means the power of an officer to alter or modify or set aside what a subordinate officer had done in the performance of his duties and to substitute the judgment of the former for that of the latter. On the other hand, to supervise is to oversee, to have oversight of, to superintend the execution of or the performance of a thing, or the movements or work of a person, to inspect with authority; it is the power or authority of an officer to see that subordinate officers perform their duties.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER •

•

•

•

•

•

Thus, the power of control necessarily encompasses the power of supervision and adding the phrase “operational supervision” under the powers of the NAPOLCOM would not bring about a substantial change in its functions. There was no reorganization resulting in the abolition of petitioners’ offices. Reorganization takes place when there is an alteration of the existing structure of government offices or units therein, including the lines of control, authority and responsibility between them. It involves a reduction of personnel, consolidation of offices, or abolition thereof by reason of economy or redundancy of functions. It may result in the loss of one’s position through the abolition of an office. However, for a reorganization to be valid, it must also pass the test of good faith. As a general rule, a reorganization is carried out in “good faith” if it is for the purpose of economy or to make bureaucracy more efficient. In that event, no dismissal or separation actually occurs because the position itself ceases to exist. Be that as it may, if the “abolition”, which is nothing more but a separation or removal, is done for political reasons or purposely to defeat security of tenure, or otherwise not in good faith, no valid “abolition” takes place. An example is where there is merely a change of nomenclature of positions, or where claims of economy are belied by the existence of ample funds. RA 8551 effected a reorganization of the PNP, not of the NAPOLCOM. They are 2 separate and distinct bodies, with one having supervision and control over the other. In fact, it is the NAPOLCOM that is given the duty of submitting a proposed reorganization plant of the PNP to Congress. The basic structure of the NAPOLCOM has been preserved by the amendatory law. There has been no revision in its lines of control, authority and responsibility, neither has there been a reduction in its membership, nor a consolidation or abolition of the offices constituting the same. No bona fide reorganization of NAPOLCOM having been mandated by Congress, RA 8551, insofar as it declares the terms of office of the incumbent Commissioners as expired and resulting in their removal from office, removes civil service ees from office without legal cause and must therefore be struck down for being constitutionally infirm.

Canonizado, et. al.: Sec. 4 unconstitutional insofar as it limits the law enforcement sector to only 1 position on the Commission and categorizes the police as being part of the law enforcement sector despite the provision in the Consti. Which provides that the police force shall be civilian in character. They also claim that the requirement in Sec. 4 that one of the Commissioners shall be a woman has no rational basis and is therefore discriminatory, amounting to class legislation and an undue restriction on the appointing power of the Pres. • There is no longer any need to pass upon these remaining constitutional questions. The legislator has the power to provide for the composition of NAPOLCOM since it created

CA VE AT:

- 122 such body. These questions also go into the very wisdom of the law.

Sec. 8 unconstitutional and petitioners are entitled to be reinstated.

Canonizado vs. Aguirre (2001) Facts: • Respondents are seeking a reconsideration of the SC decision declaring sec. 8 of RA 8551 to be violative of petitioners’ constitutionally mandated right to security of tenure. • During the pendency of the case, Pres. Estrada had appointed Alexis Canonizado to the position of Inspector General of the Internal Affairs Service (IAS) of the PNP. • By accepting such position, respondents contend that Canonizado is deemed to have abandoned his claim for reinstatement to the NAPOLCOM since the offices of NAPOLCOM Commissioner and Inspector General of the IAS are incompatible. WON Canonizado’s appointment to and acceptance of his position of Inspector Gen. should result in an abandonment of his claim for reinstatement to the NAPOLCOM – NO • Abandonment of an office is the voluntary relinquishment of an office by the holder, with the intention of terminating his possession and control thereof. There are, therefore 2 essential elements of abandonment: o An intention to abandon o An overt or “external” act by which the intention is carried into effect.

•

•

•

Generally, a person holding a public office may abandon such office by nonuser or acquiescence. Non-user refers to a neglect to use a right or privilege or to exercise an office. However, nonperformance of the duties of an office does not constitute abandonment where such nonperformance results from temporary disability or from involuntary failure to perform. Abandonment may also result from an acquiescence by the officer in his wrongful removal or discharge. Where, while desiring and intending to hold the office, and with no willful desire or intention to abandon it, the public officer vacates it in deference to the requirements of a statute which is afterwards declared unconstitutional, such a surrender will not be deemed an abandonment and the officer may recover the office. By accepting the position of Inspector General during the pendency of the present case, Canonizado cannot be deemed to have abandoned his claim for reinstatement to the latter position. Canonizado did not voluntarily leave his post as Commissioner, but was compelled to do so on the strength of Sec. 8 of RA 8551, which was struck down for being violative of petitioners’ constitutionally guaranteed right to security of tenure.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER •

The removal of petitioners from their positions by virtue of a constitutionally infirm act necessarily negates a finding of voluntary relinquishment. • It is well-settled that he who, while occupying one office, accepts another incompatible with the first, ipso fact vacates the first office and his title is thereby terminated without any other act or proceeding. Public policy considerations dictate against allowing the same individual to perform inconsistent and incompatible duties. • The incompatibility contemplated is not the mere physical impossibility of one person’s performing the duties of the 2 offices due to a lack of time or the inability to be in 2 places at the same moment, but that which proceeds from the nature and relations of the 2 positions to each other as to give rise to contrariety and antagonism should one person attempt to faithfully and impartially discharge the duties of one toward the incumbent of the other. • The positions of NAPOLCOM Commissioner and Inspector Gen. of the IAS are incompatible with each other. RA 8551 prohibits any personnel of the IAS from sitting in a committee charged with the task of deliberating on the appointment, promotion, or assignment any PNP personnel, whereas the NAPOLCOM has the power of control and supervision over the PNP. However, the rule on incompatibility of duties will not apply to the CAB because at no point did Canonizado discharge the functions of the 2 offices simultaneously. Canonizado was forced out of his first office by the enactment of Sec. 8, RA 8551. Thus, when he was appointed as Inspector Gen., he had ceased to discharge his official functions as NAPOLCOM Commissioner. As a matter of fact, on the same date of his appointment as Inspector Gen., the appointments of 4 regular members of the NAPOLCOM were completed. Thus, the incompatibility of duties rule never had a chance to come into play for petitioner never occupied the 2 positions nor discharged their respective functions

Rodriguez vs. CA (2002) Facts: In an entrapment Rodriguez, et. al. were caught asking for money from an alleged traffic violator. 3 cases were filed: 1. administrative case for grave misconduct filed with NAPOLCOM 2. administrative case for summary dismissal filed with NAPOLCOM 3. A charge for robbery/extortion filed with Headquarters, PC-INP February 7, 1991: 3 policemen were summarily dismissed by PNP Chief Major General Nazareno petitioner appealed to the NAPOLCOM National Appellate Board

CA VE AT:

- 123 1. NAPOLCOM National Appellate Board dismissed petitioner’s appeal and denied the motion for reconsideration. 2. CA denied petitioner’s petition for lack of merit. Issue: WON the Court of Appeals erred when it dismissed the petition for certiorari and mandamus filed by petitioner PFC Rodolfo Rodriguez. Held: NO, Court of Appeals committed no reversible error of law in dismissing petitioner’s special civil action for certiorari and mandamus. 1. Pursuant to the Civil Service Law which outlines the procedure for dismissal and Rule XIV of the Omnibus Rules Implementing Book V of the Administrative Code of 1987 provides: where a police officer is dismissed by the PNP Director General and the dismissal is affirmed by the NAPOLCOM National Appellate Board, the proper remedy is to appeal the dismissal with the DILG Secretary That the NAPOLCOM Chairman is also the DILG Secretary is of no moment o under the aforecited laws and regulations, only the DILG Secretary can act on the appeal. Besides, what is involved here is not the sole act of the NAPOLCOM Chairman, but the decision of the Commission. o Should the DILG Secretary’s decision prove adverse to appellant, then he as the aggrieved party may bring an appeal to the Civil Service Commission. In instances where the CSC denies the appeal, o the remedy under R.A. No. 7902 would be to appeal the adverse decision to the Court of Appeals. In the instant case, petitioner had three opportunities to appeal the decision of the NAPOLCOM. o He chose not to avail of them, but instead opted to file an action for certiorari and mandamus with the appellate court. -- Neither certiorari nor mandamus can substitute for appeal where the latter is the proper remedy. The extraordinary remedies of certiorari, prohibition, and mandamus will lie only when there is no appeal or any plain, speedy, and adequate remedy in the ordinary course of law 2. Why appeal to the CSC? Republic v. Asuncion: “the civilian character of the PNP is unqualified, unconditional, and all embracing.” Members of the PNP are deemed civilian personnel of the government. Police officers and personnel are part of the civil service. This is expressly recognized by R.A. No. 6975 when it provided for the applicability of civil service laws to all its personnel in Section 91 thereof, which states: SEC. 91. Application of Civil Service Laws. – The Civil Service Law and its implementing rules and regulations shall apply to all personnel of the Department. Petition denied.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER People vs. Velarde (2002) Facts: • On May 11, 1997, Crispin Velarde was arrested by the barangay tanods and officials of Tikay, Malolos in connection with the rape and murder of an 8-eight year old child named Brenda Candelaria. • He was tagged by some witnesses as the person last seen with the child, whose dead body was later found in a grassy vacant lot. • Velarde was initially brought to the Barangay Hall of Barangay Tikay, and then to the Malolos Police Station, where he was incarcerated and allegedly mauled. • On May 14, 1997, his case was referred by the Malolos police to the incumbent mayor of Malolos, Bulacan, Atty. Danilo Domingo, who asked that Velarde be brought to him. Upon advice of the mayor, Velarde’s written extrajudicial confession was taken. During the investigation, Velarde was assisted by the mayor as counsel. Armed police officers were also present during the investigation. Issue1: WON Atty. Domingo, incumbent mayor of Malolos, could be considered a competent and independent counsel qualified to assist Velarde who was then under custodial investigation Held1: No • Under the circumstances, Atty. Domingo cannot be considered as an independent counsel. He was the mayor of Malolos at the time. As such, he exercised “operational supervision and control” over the PNP unit in that municipality. His powers included the utilization of the elements thereof for the maintenance of peace and order, the prevention of crimes, the arrest of criminal offenders and the bringing of offenders to justice. As mayor of Malolos, his duties were inconsistent with those of his responsibilities to appellant, who was already incarcerated and tagged as the main suspect in the rape-slay case. Serving as counsel of appellant placed him in direct conflict with his duty of “operational supervision and control “ over the police. • What the constitution requires in Art. III Sec. 12(1) is the present of competent and independent counsel, one who will effectively undertake his client’s defense without any intervening conflict of interest. Evidently, Atty. Domingo, being the mayor of the place where the investigation was taken, could not act as counsel, independent or otherwise, of appellant. The desired role of counsel in the process of custodial investigation is rendered meaningless if the lawyer gives perfunctory advice as opposed to a meaningful advocacy of the rights of the person undergoing questioning. If the advice given is so cursory as to be useless, voluntariness is impaired. • During the investigation, Atty. Domingo failed to act as the independent and competent counsel envisioned by the constitution. He failed to give any meaningful advice to protect the rights of appellant. The former did not even bother to inform the latter of the consequences of an extrajudicial confession.

CA VE AT:

- 124 During the cross-examination of the investigator (witness for prosecution), he even went so far as to state that Atty. Domingo had not acted as appellant’s lawyer. If this were so, then appellant had absolutely no counsel when his extra-judicial confession was taken. It is clear that appellant was not assisted by a competent and independent counsel during the custodial investigation and the taking of this extrajudicial confession. Hence, the Court is duty bound to disregard the extra-judicial confession.

Inter-Local Government Relations Sec3: Operative Principles of Decentralization. (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; Sec29: Provincial Relations with Component Cities and Municipalities. — The province, through the governor, shall ensure that every component city and municipality within its territorial jurisdiction acts within the scope of its prescribed powers and functions. Highly urbanized cities and independent component cities shall be independent of the province. Sec30: Review of Executive Orders. — (a) Except as otherwise provided under the Constitution and special statutes, the governor shall review all executive orders promulgated by the component city or municipal mayor within his jurisdiction. The city or municipal mayor shall review all executive orders promulgated by the punong barangay within his jurisdiction. Copies of such orders shall be forwarded to the governor or the city or municipal mayor, as the case may be, within three (3) days from their issuance. In all instances of review, the local chief executive concerned shall ensure that such executive orders are within the powers granted by law and in conformity with provincial, city, or municipal ordinances. (b) If the governor or the city or municipal mayor fails to act on said executive orders within thirty (30) days after their submission, the same shall be deemed consistent with law and therefore valid. Sec31: Submission of Municipal Questions to the Provincial Legal Officer or Prosecutor. — In the absence of a municipal legal officer, the municipal government may secure the opinion of the provincial legal officer, and in the absence of the latter, that of the provincial prosecutor on any legal question affecting the municipality. Sec32: City and Municipal Supervision over Their Respective Barangays. — The city or municipality, through the city or municipal mayor concerned, shall exercise general supervision over component barangays to ensure that said barangays act within the scope of their prescribed powers and functions.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Sec33: Cooperative Undertakings Among Local Government Units. — Local government units may, through appropriate ordinances, group themselves, consolidate, or coordinate their efforts, services, and resources for purposes commonly beneficial to them. In support of such undertakings, the local government units involved may, upon approval by the sanggunian concerned after a public hearing conducted for the purpose, contribute funds, real estate, equipment, and other kinds of property and appoint or assign personnel under such terms and conditions as may be agreed upon by the participating local units through Memoranda of Agreement.

Relations with Peoples’ and Non-governmental Organizations Sec34: Role of People's and Non-governmental Organizations. — Local government units shall promote the establishment and operation of people's and non-governmental organizations to become active partners in the pursuit of local autonomy. Sec35: Linkages with People's and Non-governmental Organizations. — Local government units may enter into joint ventures and such other cooperative arrangements with people's and non-governmental organizations to engage in the delivery of certain basic services, capability-building and livelihood projects, and to develop local enterprises designed to improve productivity and income, diversity agriculture, spur rural industrialization, promote ecological balance, and enhance the economic and social well-being of the people. cdt Sec36: Assistance to People's and Non-governmental Organizations. — A local government unit may, through its local chief executive and with the concurrence of the sanggunian concerned, provide assistance, financial or otherwise, to such people's and non-governmental organizations for economic, socially-oriented, environmental, or cultural projects to be implemented within its territorial jurisdiction.

Local Pre-qualification, Bids and Awards Committee Sec37: Local Prequalification, Bids and Awards Committee (Local PBAC). — (a) There is hereby created a local prequalification, bids and awards committee in every province, city, and municipality, which shall be primarily responsible for the conduct of prequalification of contractors, bidding, evaluation of bids, and the recommendation of awards concerning local infrastructure projects. The governor or the city or municipal mayor shall act as the chairman with the following as members: (1) The chairman of the appropriations committee of the sanggunian concerned; (2) A representative of the minority party in the sanggunian concerned, if any, or if there be none, one (1) chosen by said sanggunian from among its members; (3) The local treasurer;

CA VE AT:

- 125 Two (2) representatives of non-governmental organizations that are represented in the local development council concerned, to be chosen by the organizations themselves; and (5) Any practicing certified public accountant from the private sector, to be designated by the local chapter of the Philippine Institute of Certified Public Accountants, if any. Representatives of the Commission on Audit shall observe the proceedings of such committee and shall certify that the rules and procedures for prequalification, bids and awards have been complied with. (b) The agenda and other information relevant to the meetings of such committee shall be deliberated upon by the committee at least one (1) week before the holding of such meetings. (c) All meetings of the committee shall be held in the provincial capitol or the city or municipal hall. The minutes of such meetings of the committee and any decision made therein shall be duly recorded, posted at a prominent place in the provincial capitol or the city or municipal hall, and delivered by the most expedient means to elective local officials concerned. (4)

Sec38: Local Technical Committee. — (a) There is hereby created a local technical committee in every province, city and municipality to provide technical assistance to the local prequalification, bids and awards committees. It shall be composed of the provincial, city or municipal engineer, the local planning and development coordinator, and such other officials designated by the local prequalification, bids and awards committee. (b) The chairman of the local technical committee shall be designated by the local prequalification, bids and awards committee and shall attend its meeting in order to present the reports and recommendations of the local technical committee.

Customers who bought A Hand in the Bush: The Fine Art of Vaginal Fisting also bought the following:

•

Anal Pleasure & Health: A Guide for Men and Women by Jack Morin

•

The Ultimate Guide to Cunnilingus: How to Go Down on a Woman and Give Her Exquisite Pleasure by Violet Blue

•

Trust, the Hand Book: A Guide to the Sensual and Spiritual Art of Handballing by Bert Herrman

• •

Jay Wiseman's Erotic Bondage Handbook by Jay Wiseman The New Bottoming Book by Janet W. Hardy, Dossie Easton

TITLE TWO: ELECTIVE O

FF ICIALS

Qualifications and Elections

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Sec39: Qualifications. — (a) An elective local official must be a citizen of the Philippines; a registered voter in the barangay, municipality, city, or province or, in the case of a member of the sangguniang panlalawigan, sangguniang panlungsod, or sangguniang bayan, the district where he intends to be elected; a resident therein for at least one (1) year immediately preceding the day of the election; and able to read and write Filipino or any other local language or dialect. (b) Candidates for the position of governor, vice-governor, or member of the sangguniang panlalawigan, or mayor, vicemayor or member of the sangguniang panlungsod of highly urbanized cities must be at least twenty-one (21) years of age on election day. (c) Candidates for the position of mayor or vice-mayor of independent component cities, component cities, or municipalities must be at least twenty-one (21) years of age on election day. (d) Candidates for the position of member of the sangguniang panlungsod or sangguniang bayan must be at least eighteen (18) years of age on election day. (e) Candidates for the position of punong barangay or member of the sangguniang barangay must be at least eighteen (18) years of age on election day. (f) Candidates for the sangguniang kabataan must be at least fifteen (15) years of age but not more than twenty-one (21) years of age on election day. Sec40: Disqualifications. — The following persons are disqualified from running for any elective local position: (a) Those sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by one (1) year or more of imprisonment, within two (2) years after serving sentence; (b) Those removed from office as a result of an administrative case; (c) Those convicted by final judgment for violating the oath of allegiance to the Republic; (d) Those with dual citizenship; (e) Fugitives from justice in criminal or non-political cases here or abroad; (f) 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 this Code; and (g) The insane or feeble-minded. Sec41: Manner of Election. — (a) The governor, vice-governor, city mayor, city vice-mayor, municipal mayor, municipal vice-mayor, and punong barangay shall be elected at large in their respective units by the qualified voters therein. However, the sangguniang kabataan chairman for each barangay shall be elected by the registered voters of the katipunan ng kabataan, as provided in this Code. (b) The regular members of the sangguniang panlalawigan, sangguniang panlungsod, and sangguniang bayan shall be elected by district, as may be provided for by law. Sangguniang barangay members shall be elected at large. The presidents of the leagues of sanggunian members of component

CA VE AT:

- 126 cities and municipalities shall serve as ex officio members of the sangguniang panlalawigan concerned. The presidents of the "liga ng mga barangay and the pederasyon ng mga sangguniang kabataan" elected by their respective chapters, as provided in this Code, shall serve as ex officio members of the sangguniang panlalawigan, sangguniang panlungsod, and sangguniang bayan. (Has been amended by RA8553) (c) In addition thereto, there shall be one (1) sectoral representative from the women, one (1) from the workers, and one (1) from any of the following sectors: the urban poor, indigenous cultural communities, disabled persons, or any other sector as may be determined by the sanggunian concerned within ninety (90) days prior to the holding of the next local elections as may be provided for by law. The COMELEC shall promulgate the rules and regulations to effectively provide for the election of such sectoral representatives.

Sec42: Date of Election. — Unless otherwise provided by law, the elections for local officials shall be held every three (3) years on the second Monday of May. Sec43: Term of Office. — (a) The term of office of all local elective officials elected after the effectivity of this Code shall be three (3) years, starting from noon of June 30, 1992 or such date as may be provided for by law, except that of elective barangay officials: Provided, That all local officials first elected during the local elections immediately following the ratification of the 1987 Constitution shall serve until noon of June 30, 1992. (b) No local elective official shall serve for more than three (3) consecutive terms in the same position. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of service for the full term for which the elective official concerned was elected. (c) The term of office of barangay officials and members of the sangguniang kabataan shall be for three (3) years, which shall begin after the regular election of barangay officials on the second Monday of May 1994. Me mbe rs of the Sa ng gu ni an RA7160 – Local Government Code Sec41: Manner of Election. — (a) The governor, vice-governor, city mayor, city vice-mayor, municipal mayor, municipal vice-mayor, and punong barangay shall be elected at large in their respective units by the qualified voters therein. However, the sangguniang kabataan chairman for each barangay shall be elected by the registered voters of the katipunan ng kabataan, as provided in this Code. (b) The regular members of the sangguniang panlalawigan, sangguniang panlungsod, and sangguniang bayan shall be elected by district, as may be provided for by law. Sangguniang barangay members shall be elected at large. The presidents of the leagues of sanggunian members of component cities and municipalities shall serve as ex officio members of the sangguniang panlalawigan concerned. The presidents of the "liga ng mga barangay and the pederasyon ng mga sangguniang kabataan" elected by their respective chapters, as

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER provided in this Code, shall serve as ex officio members of the sangguniang panlalawigan, sangguniang panlungsod, and sangguniang bayan. (Has been amended by RA8553) (c) In addition thereto, there shall be one (1) sectoral representative from the women, one (1) from the workers, and one (1) from any of the following sectors: the urban poor, indigenous cultural communities, disabled persons, or any other sector as may be determined by the sanggunian concerned within ninety (90) days prior to the holding of the next local elections as may be provided for by law. The COMELEC shall promulgate the rules and regulations to effectively provide for the election of such sectoral representatives.

RA6636 (1987) - An Act Resetting The Local Elections From November 9, 1987 To January 18, 1988, Amending For This Purpose Executive Order Numbered Two Hundred And Seventy (EO270) Sec1: Section 1 of Executive Order No. 270 is hereby amended to read as follows: "Sec. 1. Election of local official. — There shall be elections for provincial governors, provincial vice-governor, city and municipal mayors, city and municipal vice-mayors, and members of each Sangguniang Panlalawigan, Sangguniang Panlungsod, and Sangguniang Bayan, including all members of the city or municipal boards or councils in the Metropolitan Manila area to be held on Monday, January 18, 1988. Certificates of candidacy for the aforesaid local elective positions shall be filed not later than sixty (60) days prior to the said elections. All local officials, whether elected, acting or officers-in-charge, shall be deemed automatically resigned from their positions effective upon the filing of their certificates of candidacy for any local position which shall not be later than forty-five (45) days prior to the said elections. If the governor or the city or municipal mayor or the officer-in-charge of that office is a candidate, and unless the Secretary of Local Government designates another person, the following local officials shall act as officer-in-charge of the position vacated in a concurrent capacity in the order hereinbelow provided: "a) Chief, Senior and Local Government Officers for provinces, cities and municipalities, respectively; "b) Provincial/City/Municipal Administrator; "c) Provincial/City/Municipal Health Officer. "In case of vacancies in the Sangguniang Panlalawigan, Sangguniang Panlungsod, or Sangguniang Bayan on account of the candidacies of their members, the Secretary of Local Government shall designate acting members from qualified voters in the province, city or municipality to fill such vacancies." Sec2: Metro Manila Area. — For purposes of the Local Elections on January 18, 1988, the City of Manila, Quezon City and the City of Caloocan shall have six (6) councilors for each of their representative districts who shall be residents thereof to be elected by the qualified voters therein. The City of Pasay and the Municipalities of Makati, Parañaque, Pasig, Marikina, and Valenzuela, each of which comprises a representative district,

CA VE AT:

- 127 shall have twelve (12) councilors each to be elected at large by the qualified voters of the said city or municipality. All the other municipalities within the Metropolitan Manila area shall have ten (10) councilors each, with the exception of the Municipality of Pateros which shall have eight (8) councilors, to be elected at large by their respective qualified voters.

Sec3: Other Cities. — The provision of any law to the contrary notwithstanding the City of Cebu, City of Davao, and any other city with more than one representative district shall have eight (8) councilors for each district who shall be residents thereof to be elected by the qualified voters therein, provided that the cities of Cagayan de Oro, Zamboanga, Bacolod, Iloilo and other cities comprising a representative district shall have twelve (12) councilors each and all other cities shall have ten (10) councilors each to be elected at large by the qualified voters of the said cities: Provided, That in no case shall the present number of councilors according to their charters be reduced. Sec4: Provinces and Municipalities. — First and second class provinces shall each have ten (10) elective members; third and fourth class provinces, eight; and fifth and sixth class provinces, six to be elected at large by the qualified voters therein. All other municipalities shall have the same number of elective members as provided in existing laws. November 6, 1987.

RA7166 – An Act Providing For Synchronized National And Local Elections And For Electoral Reforms, Authorizing Appropriations Therefor, And For Other Purposes Sec3: Election of Members of the Sangguniang Panlalawigan, Sanggunian Panlungsod and Sangguniang Bayan. — The elective members of the Sangguniang Panlalawigan, Sangguniang Panlungsod and Sangguniang Bayan shall be elected as follows: (a) For provinces with two (2) or more legislative districts, the elective members of the Sangguniang Panlalawigan shall be elected by legislative districts. For this purpose, the number of seats shall be apportioned equitably: Provided, That, if equal division is not possible, the remaining member or members shall be elected in the district or districts with the greater number of population or, if they be the same, with the greater number of voters: Provided further, That, if a legislative district includes a city that does not vote in the election of provincial officials, the Commission on Elections, hereinafter referred to as the Commission, shall allocate the number of seats among the districts in proportion to the population of the constituencies voting for the Sangguniang Panlalawigan; (b) For provinces with only one (1) legislative district, the Commission shall divide them into two (2) districts for purposes of electing the members of the Sangguniang Panlalawigan, as nearly as practicable according to the number of inhabitants, each district comprising a compact, contiguous and adjacent territory, and the number of seats of elective members of their respective sanggunian shall be equitably apportioned between

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER the districts in accordance with the immediately preceding paragraph; (c) The number and election of elective members of the Sangguniang Panlungsod and Sangguniang Bayan in the Metro Manila Area, City of Cebu, City of Davao and any other city with two (2) or more legislative districts shall continue to be governed by the provisions of Sections 2 and 3 of Republic Act No. 6636: Provided, That, the Municipalities of Malabon, Navotas, San Juan, Mandaluyong, Muntinlupa, Las Piñas and Taguig shall have twelve (12) councilors, and Pateros, ten (10): Provided, further, That, the Commission shall divide each of the municipalities in Metro Manila Area into two (2) districts by barangay for purposes of representation in the Sangguniang Bayan as nearly as practicable according to the number of inhabitants, each comprising a compact, contiguous and adjacent territory; and (d) For purposes of the regular elections on May 11, 1992, elective members of the Sangguniang Panlungsod and Sangguniang Bayan shall be elected a large in accordance with existing laws. However, beginning with the regular elections in 1995, they shall be elected by district. The Commission shall promulgate rules and regulations to effective provide for the election of sectoral representatives in the implementation of the Local Government Code. Approved: November 26, 1991

RA7887 – An Act Instituting Electoral Reforms For The Purpose Of Amending Section 3, Paragraphs (C) And (D) Of RA7166 Sec1: Section 3, paragraphs (c) and (d) of Republic Act No. 7166, is hereby amended to read as follows: "(c) The number and election of elective members of the sangguniang panlungsod and sangguniang bayan in the Metro Manila area, City of Cebu, City of Davao and any other city with two (2) or more legislative districts shall be elected by districts and in accordance with the provisions of Sections 2 and 3 of Republic Act No. 6636: Provided, That, all cities with one (1) legislative district and all municipalities in the Metro Manila area shall have twelve (12) councilors each: Provided, further, That, the Commission shall divide all cities with one legislative district and each of the municipalities in Metro Manila area into two (2) districts by barangay for purposes of representation in the sangguniang bayan as nearly as practicable according to the number of inhabitants, each district comprising a compact, contiguous and adjacent territory; and "(d) For purposes of the regular elections on May 11, 1992 and all general elections thereafter, the regular elective members of the sangguniang panlungsod and sangguniang bayan, shall be elected at large in accordance with existing laws. "The Commission shall promulgate rules and regulations to effectively implement the provisions of law which may hereafter be enacted providing for the election of sectoral representatives." Approve: February 20, 1995

CA VE AT:

- 128 -

RA8553 – An Act Amending Section 41(B) Of RA7160, Otherwise Known As The Local Government Code Of 1991 Sec1: Section 41(b) of Republic Act No. 7160, otherwise known as the Local Government Code of 1991, is hereby amended to read as follows: "(b) The regular members of the sangguniang panlalawigan, sangguniang panlungsod, and sangguniang bayan shall be elected by district as follows: "First and second-class provinces shall have ten (10) regular members; third and fourth-class provinces, eight (8); and fifth and sixth-class provinces, six (6): Provided, That in provinces having more than five (5) legislative districts, each district shall have two (2) sangguniang panlalawigan members, without prejudice to the provisions of Section 2 of Republic Act No. 6637. Sangguniang barangay members shall be elected at large. The presidents of the leagues of sanggunian members of component cities and municipalities shall serve as ex officio members of the sangguniang panlalawigan concerned. The presidents of the liga ng mga barangay and the pederasyon ng mga sangguniang kabataan elected by their respective chapters, as provided in this Code, shall serve as ex officio members of the sangguniang panlalawigan, sangguniang panlungsod, and sangguniang bayan." Sec2: Upon the petition of the provincial board, the election for any additional regular member to the sangguniang panlalawigan as provided for under this Act, shall be held not earlier than six (6) months after the May 11, 1998 national and local elections. Approved: February 25, 1998

Herrera vs. COMELEC (1999) FACTS: • Sangguniang Panlalawigan of Guimaras passed Resolution No. 68 requesting COMELEC to bring about the division of the Province into two provincial districts, in view of the addition of 2 new municipalities, San Lorenzo & Sibunag. • Disagreement ensued on how the districts therein should be divided for purpose of electing members of the Sangguniang Panlalawigan: according to number of inhabitants, or according to number of registered voters APPLICABLE LAWS: §4 RA6636 : allotment of elective members to provinces & municipalities must be made on the basis of its classification as a province or municipality. Thus, a 4th class province like Guimaras, shall have 8 elective members. §3(b) RA 7166: For provinces with only 1 legislative district, the COMELEC shall divide them into 2 districts for purposes of electing the members of the Sangguniang Panglalawigan. Apportionment shall be done in the ff manner: 1) as nearly as practicable

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER 2) 3) 4)

accdng to the number of inhabitants each district comprising a compact, contiguous & adjacent territory number of seats of elective members equitably apportioned between the districts

Issue: On what basis shall apportionment of districts shall be made? Held: Under RA 7166 & COMELEC Res. No. 2313 Rule: the basis for division into districts is the number of inhabitants of the province ( not the number of listed or registered voters as theorized by the petitioners) Petition dismissed.



Issue: WON Ermelita’s use of such surname constitutes a material misrepresentation under the Omnibus Election Code so as to justify cancellation of her certificate of candidacy. Held: NO, it does NOT constitute material misrepresentation

1.

Test of Materiality: Jurisprudence provides that the material misrepresentation contemplated by section 78 of the Omnibus Election Code refer to the qualifications of elective officials. It could not have been the intention of the law to deprive a person of a such a basic and substantive political right to be voted for a public office upon just any innocuous mistake. • In CAB, aside from the allegation of wrong surname, petitioner does not claim that respondent lacks the requisite residency, age, citizenship, or any other legal qualification necessary to run for a local elective office as provided for in the LGC.

2.

Test of Deliberate Attempt: Aside from the requirement of materiality, a false representation under Section 78 must consist of a DELIBIRATE ATTEMPT to mislead, misinform, or hide a fact which would otherwise render a candidate ineligible. • IN CAB No showing that the inhabitants of Sara were deceived by the use of such surname by private respondent.

Qua lifica tion s RA9164 (2002) – An Act Providing For Synchronized Barangay And Sangguniang Kabataan Elections, Amending RA7160, As Amended, Otherwise Known As The "Local Government Code Of 1991", And For Other Purposes Sec6: Section 424 of Republic Act No. 7160, otherwise known as the Local Government Code of 1991, is hereby amended to read as follows: "Sec424. Katipunan ng Kabataan. — The katipunan ng kabataan shall be composed of Filipino citizens actually residing in the barangay for at least six (6) months, who are fifteen (15) but less than eighteen (18) years of age on the day of the election, and who are duly registered in the list of the sangguniang kabataan or in the official barangay list in the custody of the barangay secretary." aCHcIE Sec7: Section 428 of Republic Act No. 7160, otherwise known as the Local Government Code of 1991, is hereby amended to read as follows: "Sec428. Qualifications. — An elective official of the sangguniang kabataan must be a Filipino citizen, a qualified voter of the katipunan ng kabataan, a resident of the barangay for at least one (1) year immediately prior to election, at least fifteen (15) years but less than eighteen (18) years of age on the day of the election, able to read and write Filipino, English, or the local dialect, and must not have been convicted of any crime involving moral turpitude."

Salcedo II vs. COMELEC (1999) Facts:  Neptali Salcedo married Agnes Celiz  without first marriage dissolved, Neptali married private respondent Ermelita Cacao  Petitioner Victorino Salcedo and respondent Ermelita both ran for the position of Sara, Iloilo  Victorino filed with the Comelec petition seeking for the cancellation of Ermelita's certificate of candidacy.

CA VE AT:

- 129 Ground: Ermelita made a false representation in her certificate of candidacy, stating that her surname was Salcedo. She had no right to do so as she was not legally married to Neptali.

!!! Dan Gat's notes: Both tests should be used. For example, a name may pass the first test (materiality), it not being a material fact referring to qualification. However, it may be patently deceiving that it doesn't pass the second test. Hence, the candidate must still be disqualified.

RA9225 (2003) – Citizenship Retention and RE-acquisition Act of 2003 Sec2. Declaration of Policy - It is hereby declared the policy of the State that all Philippine citizens of another country shall be deemed not to have lost their Philippine citizenship under the conditions of this Act. Sec3. Retention of Philippine Citizenship - Any provision of law to the contrary notwithstanding, natural-born citizenship by reason of their naturalization as citizens of a foreign country are hereby deemed to have re-acquired Philippine citizenship upon taking the following oath of allegiance to the Republic: "I _____________________, solemny swear (or affrim) that I will support and defend the Constitution of the Republic of the Philippines and obey the laws and legal orders promulgated by the duly constituted authorities of the Philippines; and I hereby declare that I recognize and

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER accept the supreme authority of the Philippines and will maintain true faith and allegiance thereto; and that I imposed this obligation upon myself voluntarily without mental reservation or purpose of evasion." Natural born citizens of the Philippines who, after the effectivity of this Act, become citizens of a foreign country shall retain their Philippine citizenship upon taking the aforesaid oath. Sec4. Derivative Citizenship - The unmarried child, whether legitimate, illegitimate or adopted, below eighteen (18) years of age, of those who re-acquire Philippine citizenship upon effectivity of this Act shall be deemed citizenship of the Philippines. Sec5. Civil and Political Rights and Liabilities - Those who retain or re-acquire Philippine citizenship under this Act shall enjoy full civil and political rights and be subject to all attendant liabilities and responsibilities under existing laws of the Philippines and the following conditions: (1) Those intending to exercise their right of surffrage must Meet the requirements under Section 1, Article V of the Constitution, Republic Act No. 9189, otherwise known as "The Overseas Absentee Voting Act of 2003" and other existing laws; (2) Those seeking elective public in the Philippines shall meet the qualification for holding such public office as required by the Constitution and existing laws and, at the time of the filing of the certificate of candidacy, make a personal and sworn renunciation of any and all foreign citizenship before any public officer authorized to administer an oath; (3) Those appointed to any public office shall subscribe and swear to an oath of allegiance to the Republic of the Philippines and its duly constituted authorities prior to their assumption of office: Provided, That they renounce their oath of allegiance to the country where they took that oath; (4) Those intending to practice their profession in the Philippines shall apply with the proper authority for a license or permit to engage in such practice; and (5) That right to vote or be elected or appointed to any public office in the Philippines cannot be exercised by, or extended to, those who: (a) are candidates for or are occupying any public office in the country of which they are naturalized citizens; and/or (b) are in active service as commissioned or noncommissioned officers in the armed forces of the country which they are naturalized citizens.

Labo vs. COMELEC and Ortega (1992) Facts • Labo was married to an Australian wife. Based on this marriage, Labo took an oath as citizen of Australia. Later on however, this marriage was nullified, as the wife still had a subsisting marriage when she married Labo. • Labo filed his certificate of candidacy for Mayor of Baguio for the May 11, 1992 elections.

CA VE AT:

- 130 Ortega, also running for the same position, filed a disqualification proceeding against Labo before the Comelec. Ground: false representation that Labo was a "natural-born" citizen.

•

Issue: WON Labo is eligible to run Held: No. 1. Labo: he has reacquired his Filipino citizenship by citing his application for reacquisition of Philippine citizenship filed before the Office of the Solicitor General pursuant to PD 725 and Letter of Instruction No. 270 SC: No Rule: In the absence of any official action or approval by the proper authorities a mere application for repatriation does not, and cannot, amount to an automatic reacquisition of the applicant's Philippine citizenship. In CAB: To date, however, and despite favorable recommendation by the Solicitor General, the Special Committee on Naturalization had not yet acted upon said application for repatriation.

2.

Ortega avers that the candidate receiving the next highest number of votes should be declared Mayor of Baguio City. SC: No. General Rule: The ineligibility of a candidate receiving majority votes does not entitle the eligible candidate receiving the next highest number of votes to be declared elected. A minority or defeated candidate cannot be deemed elected to the office. Exception: if the electorate, fully aware in fact and in law of a candidate's disqualification so as to bring such awareness within the realm of notoriety, would nonetheless cast their votes in favor of the ineligible candidate. Ratio: In such case, the electorate may be said to have waived the validity and efficacy of their votes by notoriously misapplying their franchise or throwing away their votes, in which case, the eligible candidate obtaining the next higher number of votes may be deemed elected. In the case at bar: It has not been shown, and none was alleged, that petitioner Labo was notoriously known as an ineligible candidate, much less the electorate as having known of such fact. Hence, as a consequence of petitioners' ineligibility, a permanent vacancy in the contested office has occurred. This should now be filled by the vice-mayor, in accordance with Sec. 44 of the Local Government Code Concurring and Dissenting Opinion of Justice Gutierrez: In deciding cases involving citizenship, I believe that the presumptions should be in favor of its retention and against its loss.

Frivaldo vs. COMELEC (2000) Facts: • On March 20, 1995, Frivaldo filed his Certificate of Candidacy for Governor

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER • • • •

Lee, another candidate, filed a petition w/ the COMELEC praying that Frivaldo be disqualified  Reason: of not yet being a citizen of the Philippines Frivaldo garnered the highest number of votes in the elections. Lee filed a petition praying for his proclamation as the elected governor. At 8:30 pm of June 30, 1995, Lee was proclaimed governor. Frivaldo filed a new petition w/ COMELEC seeking the annulment of the June 30 proclamation of Lee and his own proclamation.  He alleged that on June 30, 1995, at 2:00pm, he took his oath of allegiance as a citizen of the Phil after his petition for repatriation under P.D. 725 w/c he filed with the Special Committee on Naturalization in September 1994 had been granted.

Issue1: FRIVALDO’S REPATRIATION 1st Question: Was the repatriation of Frivaldo valid and legal? Held: YES Under Phil law, citizenship may be reacquired by direct act of Congress, by naturalization or by repatriation. 2nd Question: Did Frivaldo’s repatriation seasonably cure his lack of citizenship as to qualify him to be proclaimed and hold office as governor? Held: YES, he possessed the citizenship reqt on the day the law mandates his term of office to begin. LAW: LGC, Sec. 39: An elective local official must be: a. citizen of the Philippines; b. a registered voter in the barangay, municipality, city, or province . . . where he intends to be elected; c. a resident therein for at least one 1 yr immediately preceding the day of the election; d. able to read and write Filipino or any other local language or dialect. 1. A. LIBERAL INTERPRETATION : The law does not specify any particular date or time when the candidate must possess citizenship, unlike that for residence and age. Now, an official begins to govern or to discharge his functions only upon his proclamation and on the day the law mandates his term of office to begin. B. LITERAL CONSTRUCTION Sec 39 speaks of "Qualifications" of "ELECTIVE OFFICIALS", not of candidates. Literally, such qualifications should thus be possessed when the elective official begins to govern, i.e., at the time he is proclaimed 2. RE Lee’s argument that the citizenship qualification should be possessed at the time the candidate registered as a voter as under the law a "voter" must be a citizen of the Philippines. SC: NO.

CA VE AT:

- 131  If the law intended the citizenship qualification to be possessed prior to election consistent with the requirement of being a registered voter, then it would not have made citizenship a SEPARATE qualification. The law abhors a redundancy. It therefore stands to reason that the law intended CITIZENSHIP to be a qualification distinct from being a VOTER, even if being a voter presumes being a citizen first. DISSENT: DAVIDE !!! Dan Gat's notes: Frivaldo would have benefited from RA 9225. Hence, we will never again have a Frivaldo problem.

Torayno vs. COMELEC (2000) Facts:

•

•

On June 14, 1997, on his last term, the three-time governor of Misamis Oriental, Vicente Emano, executed a Voter Registration Record in Cagayan de Oro City (CDO) which is located in the same province. He claimed to have resided in CDO for 20 yrs. Petitioners filed a petition for disqualification at the COMELEC on the ground that he had failed to meet the 1 yr residency requirement. However, prior to the resolution of petition, Emano was proclaimed by COMELEC as the duly elected mayor.

Issue: WON Emano has duly established his residence in CDO at least 1 yr prior to May 11 elections to qualify him to run for the mayorship Held: Yes 1. The 1 yr residency reqt is aimed at preventing the possibility of a stranger or newcomer unacquainted with the conditions and needs of a community from and not identified with the latter from seeking an elective office to serve that community and at excluding outsiders from taking advantage of favorable circumstances existing in that community for electoral gain. IN CAB: The facts show that Emano was a resident of CDO for a period of time sufficient to qualify him to run for public office therein.

2.

CDO, after all, is an integral part of the province and is in fact located at its heart. It is also the seat of prov’l gov’t. Thus, the provincial officials who carry out their functions cannot avoid living in CDO. Also, the city’s residents, politics, commerce and businesses are not isolated from that of the province's, since the city is located at the very heart of the province itself. !!! Dan Gat's notes: only the RESIDENCE requirement is not a continuing requirement. ALL OTHER requirements are continuing requirements.

Papandayan vs. COMELEC (2002)

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Facts: • In the May, 2001 elections, 3 candidates ran for mayor of Tubaran, Lanao del Sur – petitioner Papandayan, Jr., respondent Balt (incumbent mayor seeking reelection), and Hassan Bantuas. • Balt sought the disqualification of Papandayan alleging that he was not a resident of Brgy. Tangcal in Tubaran, but a permanent resident of Bayang, Lanao del Sur. • Comelec agreed with Balt Issue: W/N COMELEC erred in declaring Papandayan as disqualified on ground that he is not a resident of Tubaran. Held: YES. Evidence is insufficient to sustain COMELEC resolution. 1) Papandayan has duly proven that, although he was formerly a resident of Bayang, he later transferred residence to Tangcal in Tubaran as shown by his actual and physical presence for 10years prior to May2001 elections.

2)

3) 4)

Principle of animus revertendi has been used to determine whether a candidate has an ”intention to return” to the place where he seeks to be elected. Corollary to this is a determination whether there has been an “abandonment” of his former residence which signifies an intention to depart therefrom.

Romualdez vs. RTC, Tacloban – domicile and residence as synonymous. In order to acquire a new domicile by choice, there must concur (1) residence or bodily presence in the new locality, (2) intention to remain there, and (3) intention to abandon old domicile

either separately (when one acquires status of a resident alien before aquiring Philippine citizenship – through an immigrant visa and an immigrant certificate of residence to waive status as non-resident), OR

B)

at the same time when one acquires Philippine citizenship – through naturalization under CA473 or by an act of Congress. In CAB,

2.

a.

his repeated entrance in the country since 1998 was only on the basis of a visa-free balikbayan visitor whose stay as such was valid for one year only.

b.

Coquilla appeared to have waived his status as an alien and as a non-resident only on Nov10, 2000 upon taking his oath

Frivaldo vs. COMELEC case not applicable where residency was not an issue in the case but compliance with the citizenship requirement.

3.

Coquilla: His registration as voter of Butnga, Oras in January 2001 is conclusive of his residency as a candidate because Sec17 of Omnibus Election Code requires that a voter must have resided in the Philippines for at least 1yr SC: NO. Nuval vs. Guray has held that registration as a voter does not bar the filing of a subsequent case questioning candidate’s lack of residency.

MyPleasure Guide: Sex Toy Basics (Part 2)

Coquilla vs. COMELEC (2002) Facts; • Coquilla (Filipino) joined the US Navy. He was subsequently naturalized as a US citizen. • 1998, he came to Phils and took out a residence certificate, although he continued making several trips to US (last took place on July6, 2000 upto Aug5, 2000). • He then applied for repatriation under RA8171, was approved on Nov7, 2000. • On Nov10, he took his oath as a Phil. Citizen • Nov21, he applied for registration as voter of Butnga, Oras • Feb27, 2001, he filed his certificate of candidacy stating that he had been a resident of Oras for “2years”. • Alvarez sought cancellation of certificate – Ground: Coquilla made a material misrepresentation in his certificate of candidacy by stating that he had been a resident of Oras for 2years, when in truth, his residency was for only about 6months since Nov10, 2000 when he took his oath. Issue: W/N Coquilla had been a resident of Oras at least 1year before the elections, as he represented in his cert. of cand. Held: NO. 1. Status of being an alien and an non-resident can be waived:

CA VE AT:

A)

- 132 -

There's no right answer to any of these questions -- whatever floats your boat is fine with us! However, you'll have an easier time selecting your pocket pal if you give it some thought before you try to buy. Whichever toy you decide to try, let your desires be your guide. Don't let other people's inhibitions bring you down. There is absolutely nothing wrong with buying, owning and using sex toys! Whether you use your toys alone or with a partner, you are enhancing your life and pumping up your sex drive. Furthermore, you're keeping an open mind and trying something new, which is the key to life-long learning. So relax and enjoy yourself. Who knows? Perhaps some day you'll have a whole treasure trove of titillating toys to tickle your fancy! (end)

Dis qu alifica tion RA8295 (1997) – An Act Providing For The Proclamation Of A Lone Candidate For Any Elective Office In A Special Election, And For Other Purposes

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Sec4: Disqualification. — In addition to the disqualifications mentioned in Sections 12 and 68 of the Omnibus Election Code and Section 40 of Republic Act No. 7160, otherwise known as the Local Government Code, whenever the evidence of guilt is strong, the following persons are disqualified to run in a special election called to fill the vacancy in an elective office, to wit: a) Any elective official who has resigned from his office by accepting an appointive office or for whatever reason which he previously occupied but has caused to become vacant due to his resignation; and b) Any person who, directly or indirectly, coerces, bribes, threatens, harasses, intimidates or actually causes, inflicts or produces any violence, injury, punishment, torture, damage, loss or disadvantage to any person or persons aspiring to become a candidate or that of the immediate member of his family, his honor or property that is meant to eliminate all other potential candidate. Sec5: Prohibited Acts, Election Offenses and Penalties. — Any act of coercion, bribery, threat, harassment, intimidation, terrorism, or actually causing, inflicting or producing violence, injury, punishment, torture, damage, loss or disadvantage to discourage any other person or persons from filing a certificate of candidacy in order to eliminate all other potential candidate from running in a special election shall constitute as an election offense. Violations of this provision shall be prosecuted and penalized in accordance with the provision of Section 264 of the Omnibus Election Code. !!! Dan Gat's notes: why will there be a special election called to fill the vacancy when there is such a thing as principle of succession?

RA9165 (2002) –

An Act Instituting The Comprehensive Dangerous Drugs Act Of 2002, Repealing RA6425, Otherwise Known As The Dangerous Drugs Act Of 1972, As Amended, Providing Funds Therefor, And For Other Purposes Sec36: Authorized Drug Testing. — Authorized drug testing shall be done by any government forensic laboratories or by any of the drug testing laboratories accredited and monitored by the DOH to safeguard the quality of test results. The DOH shall take steps in setting the price of the drug test with DOH accredited drug testing centers to further reduce the cost of such drug test. The drug testing shall employ, among others, two (2) testing methods, the screening test which will determine the positive result as well as the type of the drug used and the confirmatory test which will confirm a positive screening test. Drug test certificates issued by accredited drug testing centers shall be valid for a one-year period from the date of issue which may be used for other purposes. The following shall be subjected to undergo drug testing: xxx

CA VE AT:

- 133 (g) All candidates for public office whether appointed or elected both in the national or local government shall undergo a mandatory drug test. In addition to the above stated penalties in this Section, those found to be positive for dangerous drugs use shall be subject to the provisions of Section 15 of this Act. !!!Dan Gat's notes on RA 9165: • If candidate does not undergo drug test, it would be a ground for disqualification, since drug test is mandatory • BUT if candidate found positive of drugs, this is NOT a ground for disqualification. The candidates will just be subject to the penalties in RA 9165

De La Torre vs. COMELEC (1996) Issue: WON Fencing involves moral turpitude Held: YES • Court consistently adopts Black's Law Dictionary definition of "moral turpitude" ". . . an act of baseness, vileness, or depravity in the private duties which a man owes his fellow men, or to society in general, contrary to the accepted and customary rule of right and duty between man and woman or conduct contrary to justice, honesty, modesty, or good morals." • A crime involves moral turpitude is ultimately a question of fact and frequently depends on all the circumstances surrounding the violation of the statute. • Moral turpitude is deducible from the third element of the crime. Actual knowledge [ or merely "should have known" the origin of the property received] by the "fence" of the fact that property received is stolen displays the same degree of malicious deprivation of one's rightful property as that which animated the robbery or theft which, by their very nature, are crimes of moral turpitude. Issue2: WON PROBATION AFFECTS SEC 40(a) H2: NO • The legal effect of probation is only to suspend the execution of the sentence. !!! Dan Gat's Notes: Q: Is moral turpitude also qualified by within 2 years after service of offense in Section 40 (a) of LGC? A:Yes it is. So moral turpitude is not a perpetual disqualification.

Magno vs. COMELEC and Ortega (2002) Issue: WON Direct Bribery involves moral turpitude Held: YES • Moral turpitude can be inferred from the third element of direct bribery. The fact that the offender agrees to accept a promise or gift and deliberately commits an unjust act or

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER refrains from performing an official duty in exchange for some favors, denotes a malicious intent on the part of the offender to renege on the duties which he owes his fellowmen and society in general. Malinao vs. Reyes (1996) Facts: • Malinao filed an administrative case against Red for abuse of authority and denial of due process. • In an Aug 12 session, Members of the Sanggunian, by a vote of 5 to 3, found Red guilty, vote signed only by presiding chairman • September 5: Sanggunian, voting 7 to 2, acquitted Red of the charges against him. This vote was embodied in a Decision which was signed by all the members. • Malinao: First Sanggu Decision had already become final and executory for failure of Red to appeal. Issue: WON the second Decision IS VALID. Held: Yes, second decision of ACQUITAL is valid. In any case, this issue is already Moot and Academic CASE IS NOW MOOT AND ACADEMIC as a result of the expiration of Red’s term during which the act complained of was allegedly committed, and further proceedings are barred by his reelection. [Sec 66(b) LGC]

Reyes vs. COMELEC (1996)

• • • •

Sangguniang Panlalawigan found Reyes guilty and ordered his removal from office. For the next elections, Reyes filed a certificate of candidacy with the COMELEC but de Castro sought his disqualification based on Sec 40 (b) LGC10 Due to the absence of any contrary order from COMELEC Reyes was voted into office in the subsequent election. COMELEC then issued a resolution holding that Reyes is disqualified from running for office and his COC is thereby cancelled. Municipal Board of Canvassers, unaware of the COMELEC Resolution, proclaimed Reyes as the duly-elected mayor. (Garcia is second-placer)

Issue1: WON the reelection of Reyes rendered the admin charges against him moot and academic. Held: NO Section 40 (b) of the LGC operates.

10

Sec 40. Disqualification- The ff. persons are disqualified from running from any elective local position: xxx (b) Those removed from office as a result of an administrative case.

CA VE AT:

Lingating vs. COMELEC (2002) Facts: • Sulong ran for the 2001 election mayoralty race • Petitioner Lingating filed a petition for the disqualification of Cesar B. Sulong, pursuant to Sec. 40 (b) of the LGC • Ground: Sulong was administratively charged during his first term as mayor in 1991 with various offenses, and that in 1992, the Sangguniang Panlalawigan of Zamboanga del Sur found him guilty of the charges and ordered his removal from office. • Sulong: this decision has not yet become final and executory: o he filed a motion for reconsideration • Lingating (complainant) had not yet complied therewith and his MR had consequently remained pending. Issue: WON Sulong should be disqualified from becoming mayor of Lapuyan Held: NO

•

Facts: • An admin case was filed against Mayor Reyes

•

- 134 Issue2: WON Garcia should be proclaimed mayor. Held: NO To simplistically assume that the 2nd placer would have received the other voted would be to substitute the court’s judgment for the mind of the voter. Votes cast for Reyes are presumed to have been cast in the belief that he was qualified and for that reason cannot be treated as stray, void or meaningless.

•

the Reyes v COMELEC decision cannot be applied to this case because it appears that the 1992 decision of the SP has not until now become final.(as correctly averred by Sulong) While RA 7160 on disciplinary actions is silent on the filing of a MR, the same cannot be interpreted as a prohibition against the filing of a MR.

!!!Dan Gat's notes: Section 40 (b) LGC is a PERPETUAL disqualification. BUT, the cause of removal may be petty-- nagnakaw ng ball pen, repeated absences, etc. On the other hand, Section 40 (a) on moral turpitude is NOT a perpetual disqualification! Apparent ratio:

• •

Sec 40 (b)  goes into the competency of carrying out functions. Sec 40 (a)  you can be a competent, albeit immoral, leader 

Grego vs. COMELEC (1997) Facts: • Basco was removed from his position as Deputy Sheriff by the SC upon a finding of serious misconduct in an

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER administrative complaint lodged by a certain Nena Tordesillas.(New LGC NOT yet in effect then) Subsequently, Basco ran as a candidate for councilor and won (New LGC already in effect) After his term, Basco sought reelection twice and won on both reelections Petition for disqualification was filed against Basco, using section 40 (b) of the LGC… but dismissed.

• • •

Issue: WON the petition for disqualification was correctly dismissed Held: YES 1. WON Sec. 40 (b) of the LGC applies retroactively to those removed from office before it took effect on Jan. 1, 1992 as contended by Grego– NO

2. •

- 135 Held: Admittedly, by operation of law, Manzano possessed dual citizenship since he was: born in the US which follows the doctrine of jus sanguinis but of Filipino parents (jus soli under Philippine law) However, Court held that Manzano had validly elected Philippine citizenship and effectively repudiated his American citizenship:

-

-

!!! Dan Gat's Notes: We should be very unhappy with this Manzano case. First, is Section 40 (d) vague? Very clear naman… DUAL CITIZENSHIP Second, assuming the law is vague, is the interpretation of the SC still correct? NO:  SC cited ConCoM proceedings, not the deliberations fot the LGC  Section 40 ( C) is the one referring to dual allegiance (and f is for green card holders.)

WON Basco’s election to office as city councilor in the 1988, 1992 and 1995 elections wipe away and condone the administrative penalty against him, thus restoring his eligibility for public office – YES There was nothing to condone in the first place. Basco was NOT subject to any disqualification at all under Sec. 40 (b) of the LGC, which applies only to those removed from office on or after Jan. 1, 1992. In view of the irrelevance of the issue posed by petitioner, there is no more reason to dwell on the matter.

This SC decision made Section 40 (d) inexistent -- this disqualification will never exist because once a candidate files for candidacy he is deemed to have renounced his foreign citizenship.

Mercado vs. Manzano (1999) Facts: • Mamaril filed a petition for disqualification against Edu Manzano on the ground that the latter was not a citizen of the Philippines but of the United States. This is based on Section 40(d) of the LGC which disqualifies persons with dual citizenship from running for a local position. Issue: How do we interpret "Dual Citizenship: as a ground for Disqualification in Section 40 (d)? Held: term in the law must be understood as referring to DUAL ALLEGIANCE. DUAL CITIZENSHIP: arises when, as a result of the concurrent application of the different laws of 2 or more states, a person is simultaneously considered a national by the said states DUAL ALLEGIANCE: a person simultaneously owes, by some positive act, loyalty to 2 or more states result of the individual’s volition considered as inimical to the national interest and shall be dealt with by law (Consti) implies double allegiance under a double sovereignty which would be repugnant to the sovereignty which pervades the Consti and to citizenship itself Issue2: WON Manzano possesses dual citizenship and is disqualified from being a candidate for vice mayor of Makati City

CA VE AT:

by filing a certificate of candidacy , he elected Philippine citizenship and in effect renounced his American citizenship o for every certificate of candidacy contains an oath of allegiance to the Philippine government mere filing is enough considering that their condition is the unavoidable consequence of conflicting laws of different states

!!! Dan Gat's Notes: Common MISTAKE of students: citing Frivaldo for dual citizenship problems. NO! Use Manzano case. Manzano is a Filipino. Frivaldo and Labo were stateless.

Valles vs. COMELEC (2000) Facts: • Rosalind Lopez was born in 1934 in Western Australia. Her father was a Filipino citizen, while her mother was an Australian. In 1949, at the age of 15, she left Australia and came to settle in the Philippines where she married a Filipino citizen. •

Since then, she has continuously participated in the electoral process not only as a voter but as a candidate. She ran for and was elected Governor of Davao Oriental in the 1992, 1995 and 1998 elections.

•

In all three elections, her respective opponents filed petitions for her disqualification, contesting her Filipino citizenship.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Issue: Did Lopez renounce her Filipino citizenship in 1988 when she applied for an Alien Certificate of Registration and Immigrant Certificate of Resident, and was issued an Australian passport? Held: No • SC reiterated the principle that a renunciation to effectively result in the loss of citizenship, it must be express. Issue: Assuming that Lopez had dual citizenship, was she disqualified to run for governor? Held: No • SC reiterated Mercado v. Manzano ruling : it was ruled that for candidates with dual citizenship, it is enough that they elect Philippine citizenship upon the filing of their certificate of candidacy, to terminate their status as persons with dual citizenship. The filing of the certificate of candidacy sufficed to renounce foreign citizenship, effectively removing any disqualification as a dual citizen. • Recognizing situations in which a Filipino citizen may, without performing any act, and as an involuntary consequence of conflicting laws of different countries, be also a citizen of another state, the SC held that dual citizenship as a disqualification must refer to citizens with dual allegiance. “Dual citizenship” which is a ground for disqualification in LGCode must be understood as referring to citizens with “dual allegiance”. Consequently, persons with mere dual citizenship do not fall under the disqualification in the LGC.

•

It is significant to note that Lopez executed in 1992 a Declaration of Renunciation of Australian citizenship, as a result of which her Australian passport was cancelled.

- 136 the US authorities after he learned of the charges against him does not make him a “fugitive from justice”. Going back to the US in the middle of his term would only violate the very functions of his office and jeopardize public interest.

VITUG DISSENTS:

MyPleasure Guide: Erotic Massage (Part 2): Massage Oils Massage oils and lotions do a variety of useful things: they add zest to a dull night, lend a sensual dimension to a boring old back rub, and reduce friction, keeping your body silky, slippery and slick. To use, pour a small amount in the palm of your hand and rub your hands together before gently applying to your lover's body. Never pour the oil directly on your lover's body -- it will feel cold and unpleasant. Rub the lotion or oil into your lover's body, reapplying as necessary. Feel free to rub oil into your lover's back, arms, legs, buttocks, chest and neck, but keep it away from genitals unless the bottle specifically says the lotion is safe for internal use. Even if it is safe, test a small amount on the skin first, ensuring you and your lover won't have an allergic or "burning" reaction to it. Massage oils and lotions are not safe to use with latex unless the bottle specifically says otherwise. (continued…)

Rodriguez vs. COMELEC (1996) Issue1: WON intent to evade is a necessary element of the definition of a “fugitive from justice” – Yes A “fugitive from justice” includes not only those who, after conviction, flee to avoid punishment but likewise those who, after being charged, flee to avoid prosecution.” The definition indicates that the intent to evade is the compelling factor that animates one’s flight from a particular jurisdiction. Obviously there can only be intent to evade when there is knowledge by the fleeing subject of an already instituted indictment or of a promulgated judgment of conviction. IN CAB  Rodriguez’ arrival in the Philippines (July 95) preceded the filing of the felony complaint in Los Angeles (Nov 95). When he left the US, there was as yet no complaint & arrest warrant – much less conviction – that he could run away from. 1) The circumstantial fact that the charges against Rodriguez were filed 17days after his departure can’t overturn the presumption of good faith in his favor

2)

It is immaterial to determine the exact time when Rodriguez was made aware of the charges against him, having established that he was not aware of such charges when he left the US  His failure to submit himself to the jurisdiction of

CA VE AT:

Oth er Gr ou nd s f or Disq ua lifica tion BP881 – Omnibus Election Code Sec68: Disqualifications. — Any candidate who, in an action or protest in which he is a party is declared by final decision of a competent court guilty of, or found by the Commission of having (a) given money or other material consideration to influence, induce or corrupt the voters or public officials performing electoral functions; (b) committed acts of terrorism to enhance his candidacy; (c) spent in his election campaign an amount in excess of that allowed by this Code; (d) solicited, received or made any contribution prohibited under Sections 89, 95, 96, 97 and 104; or (e) violated any of Sections 80, 83, 85, 86 and 261, paragraphs d, e, k, v, and cc, subparagraph 6, shall be disqualified from continuing as a candidate, or if he has been elected, from holding the office. Any person who is a permanent resident of or an immigrant to a foreign country shall not be qualified to run for any elective office under this Code, unless said person has waived his status as permanent resident or immigrant of a

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER foreign country in accordance with the residence requirement provided for in the election laws. (Sec. 25, 1971 EC) Sec74: Contents of certificate of candidacy. XXX

- 137 to delegate its authority to its Law Department as partial solution to the problem. However: The May 8, 1995 elections, did not result in a surfeit of disqualification cases which the COMELEC cannot handle. 3.

Sec78: Petition to deny due course to or cancel a certificate of candidacy. — A verified petition seeking to deny due course or to cancel a certificate of candidacy may be filed by the person exclusively on the ground that any material representation contained therein as required under Section 74 hereof is false. The petition may be filed at any time not later than twenty-five days from the time of the filing of the certificate of candidacy and shall be decided, after due notice and hearing, not later than fifteen days before the election. Election Offenses Sec261: Prohibited Acts. — The following shall be guilty of an election offense: XXX (Please see law for a VERY long list of election offenses)

Nolasco vs. COMELEC (1997)

Issues posed by Blanco: 1. Blanco: was denied due process when Comelec suspended his proclamation pending determination of his disqualification SC: No

2.

Section 6 of R.A. No. 6646 and sections 4 and 5 of the Rule 25 of the Comelec Rules of Procedure merely require that evidence of guilt should be strong to justify the COMELEC in suspending a winning candidate's proclamation. It ought to be emphasized that the suspension order is provisional in nature and can be lifted when the evidence so warrants. Blanco was given all opportunity to prove that the evidence on his disqualification was not strong : he was given chance to file Motion to Lift Order, Answer, and position paper.

2.

Blanco: Comelec departed from procedure laid down by Comelec Resolution 2050 wherein a complaint should be referred for preliminary investigation to the Law Department SC: Untenable. COMELEC cannot always be straitjacketed by this procedural rule. Comelec's Reason for this Resolution: Resolution 2050 was passed to take care of the proliferation of disqualification cases at that time. It deemed it wise

CA VE AT:

• •

Vote-buying has its criminal and electoral aspects. Its criminal aspect to determine the guilt or innocence of the accused cannot be the subject of summary hearing. However, its electoral aspect to ascertain whether the offender should be disqualified from office can be determined in an administrative proceeding that is summary in character.

Concurring and Dissenting Opinion: Bellosillo

MyPleasure Guide: Erotic Massage (Part 3):

Facts: • May 8, 1995:Election of mayor of Meycauayan, Bulacan was held. Blanco won over Alarilla • May 9, 1995: Alarilla filed with the Comelec a petition to disqualify Blanco, alleging that a search has been conducted on Blanco's house which yielded unlicensed firearms and evidence of systematized massive vote-buying. • After submission of position papers, Comelec resolved to disqualify Blanco

1.

Blanco: Comelec erred in using Summary Proceedings to resolve the disqualification case SC: Ok lang! • The COMELEC action is safely anchored on section 4 of its Rules of Procedure which expressly provides that petitions for disqualification "shall be heard summarily after due notice."

Warming Oils Warming oils work about the same way massage oils work: pour a small puddle in one hand, rub both hands together to distribute, then apply in a thin layer to the desired area. Gently rub into the skin, applying more as necessary. As you continue to massage, the warming oil will begin to heat up, causing your partner to feel a pleasantly warm sensation. Try blowing on the oil-doused skin, too, for that fabulous icy and hot feel! While not the best option for full-body massages, warming oils are great for genital massage, or for massaging small, concentrated areas, such as breasts, buttocks, thighs and arms. Some warming oils can't be used with latex products -- make sure to read the label before using. Warming oils aren't appropriate for internal use -- don't use them for vaginal or anal penetration. However, you can apply them to the surface of your genitals. Be warned: some of the warmth-inducing elements may irritate skin; do a skin patch test before using during sex or your genitals may end up hotter than you intended. (continued…) Commo n P robl ems in Lo cal Gov ern men t Ele ctio ns Ramas vs. COMELEC (1998) Facts: • Petitioners were proclaimed as the duly elected municipal officials • Respondents, the losing candidates filed election protests with the RTC of Pagadian. • RTC rendered decision declaring all respondents as winners

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER •

Respondents filed a Motion for Immediate Execution of Decision Pending Appeal. RTC granted. Grounds for granting: a) public interest b) near expiration of term of office c) pendency of the protest for one year

•

Issue: WON RTC and the COMELEC acted with grave abuse of discretion in granting execution of RTC decision pending appeal. Held: No grave abuse of discretion I. 1. Is execution of judgment pending appeal still provided for by law? Yes.

- 138 COMELEC held correctly that: Shortness of term alone and by itself cannot justify premature execution. It must be manifest in the decision sought to be executed that the defeat of the protestee and the victory of the protestant has been established. In addition, RA 8524, which took effect in 1998, has extended the term of office of the barangay officials to 5 yrs (expire in 2002). This negates or removes the factual basis for the finding of the MTC that the term of the contested office had past almost midway of the whole term.

Miranda vs. Abaya (1999)

a)

for elective municipal and barangay officials, application of Section 2 of Rule 39 of the RoC are permissible pursuant to Rule 143 of the RoC, which is now Section 4, Rule 1 of the 1997 Rules of Civil Procedure.

Facts: • Jose “Pempe” (the pimp, hehe) Miranda, incumbent mayor, filed his certificate of candidacy (COC) for Mayor of Santiago City for 1998 elections.

b)

for regional, provincial and city officials, the COMELEC Rules of Procedure provide for the suppletory application for the Rules of Court in the absence of any applicable provision

BUT: Pempe was DISQUALIFIED as he can not run for the 4th time. Joel Miranda filed COC for the mayoralty post supposedly as a substitute for his father Pempe Joel won over Abaya. Abaya thus filed petition to declare null and void the substitution Comelec ANNULLED the substitution, election and proclamation of Joel

2. Now, what are the recognized reasons for execution of judgement pending appeal? The following constitute good reasons, and a combination of two or more will suffice to grant execution pending appeal: a. public interest involved or the will of the electorate b. shortness of the remaining portion of the term of the contested office c. the length of time that the election contest has been pending In the case at bar, the reasons cited by the RTC are good reasons for the issuance of the execution of judgement pending appeal. !!! Dan Gat's Notes: He has a problem with the "good reasons" for granting Motion for Execution Pending Appeal (MEPA). Indeed, there is a need for concurrence of two reasons, but the reasons are easy!  "Public Interest": already existent in any case! So, does this mean one who files a MEPA will always win? No. Look at Fermo case. BUT Fermo lost because he was stupid: only cited one ground and didn't know what the term is. Fermo vs. COMELEC (2000) Issue: WON the Motion for execution Pending Appeal should be granted Held: No.

CA VE AT:

 • • •

Issue1: WON Pempe aside from being disqualified, his COC had been denied due course and cancelled Held: Yes, it was cancelled and denied due course. Issue2: WON there was valid substitution Held: No. There was no valid substitution A disqualified candidate may only be substituted if he had a valid COC in the first place because if he did not have a valid COC, he is and was not a candidate at all. If a person was not a candidate, he cannot be substituted under Sec. 77. 1. Under Sec. 77 of Omnibus Election Code 11, substitution is only allowed in death, disqualification or withdrawal. This does not include those cases where the COC of the person to be substituted had been denied due course. 11

Sec. 77. Candidates in case of death, disqualification or withdrawal. – If after the last day for the filing of certificates of candidacy, an official candidate of a registered or accredited political party dies, withdraws or is disqualified for any cause, only a person belonging to, and certified by the same political party may file a certificate of candidacy to replace the candidate who died, withdrew or was disqualified. The substitute candidate nominated by the political party concerned may file his certificate of candidacy for the office affected in accordance with the preceding sections not later than mid-day of the election. If the death, withdrawal or disqualification should occur between the day before the election and mid-day of election day, said certificate may be filed with any board of election inspectors in the political subdivision where he is a candidate, or in the case of candidates to be voted for by the entire electorate of the country, with the Commission.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER IN CAB, since Pempe’s COC had been denied and cancelled, Joel could not have validly substituted him. 2. Under the provision of Sec 77, not just any person but only “an official candidate of a registered or accredited political party” may be substituted. Any person who attempts to run for an elective office but does not file a COC (just like what Pempe is considered to be IN CAB) is not a candidate at all. IN CAB, since Pempe’s COC had been denied and cancelled, he was NOT an “official candidate” under Sec. 77 and therefore, Joel could not have validly substituted him. DISSENT: Romero DISSENT: Panganiban !!! Dan Gat's Notes: A practical application of the Miranda case is: if you do not want your opponent to be substituted, ask for the cancellation of his COC, not mere disqualification. Sir notes though… the reason why you file for cancellation is because your opponent is disqualified? BUT the SC distinguishes disqualification from cancellation, so wala na tayong magagawa dun.

Recabo vs. COMELEC (1999) Facts: • Candelaria Recabo who filed her COC as Vice-mayor of Mainit, Surigao but later withdrew it. • The COC of Candelaria has a formal defect: signed by only one representative of her alleged party • Reyes filed his COC as official candidate of Lakas as vicemayor of Mainit, Surigao. • Kaiser Recabo Jr. also filed his COC, claiming to be the official candidate of Lakas also as vice-mayor of Mainit as a substitute candidate for the office of Candelaria Recabo • Recabo won the elections, but… • COMELEC cancelled Recabo’s certificate of candidacy Issue: W/N Recabo is correct in arguing that his election cannot be annulled based on formal defects in his Certificate of Candidacy because the electorate has voted clearly in his favor. “Popular will as clearly expressed in votes cast and counted should prevail.” Held: NO, the doctrine that a mere technicality cannot be used to frustrate the people’s will finds no application in CAB considering that the results of the election have not been duly established. • “Certified List of Candidates with their Votes Obtained” and Undated “Certified List of Winning Candidates” submitted by Recabo do not sufficiently establish the real results of the election. • only acceptable evidence of election results: election returns pursuant to BP881. Issue: WON Recabo could still be allowed to run Held: No

CA VE AT:

•

- 139 Assuming that all 3 were fielded-in by same political party, at time Recabo Jr filed his certificate, there was no more void to fill in as Reyes had already filed his certificate as official candidate of Lakas. No more vacancy to be substituted for.  Disunity and discord among members of a political party should not be allowed to create a mockery of the electoral process, which envisions one candidate from a political party for each position.

Rulloda vs. COMELEC (2003) Facts: • Romeo Rulloda and Remegio Placido were contending candidates for Brgy. Chairperson • Romeo passed away so his widow Petronila Rulloda (petitioner) wrote a letter to COMELEC to seek permission to run as candidate in lieu of her dead husband. • Widow Rulloda won • However, COMELEC issued Resolution 4801 and Resolution 5217 insofar as they prohibiting her from running as substitute candidate. Placido proclaimed winner. Issue: W/N Rulloda’s COC should be given due course Held: YES. 1. Placido’s argument that there can be no substitution because there is no political party in brgy. elections (which is nonpartisan) from which to designate the substitute holds no water. Contrary to respondent’s claim, the absence of a specific provision governing substitution of candidates in barangay elections can not be inferred as a prohibition against said substitution. • Indeed, there is more reason to allow the substitution of candidates where no political parties are involved than when political considerations or party affiliations reign, a fact that must have been subsumed by law. 2. Placido’s contention that the votes in petitioner’s favor can not be counted because she did not file any certificate of candidacy so he was the only candidate for Barangay Chairman is untenable. Comelec Resolution: letter-request is allowed, treated as a certificate of candidacy. MyPleasure Guide: Erotic Massage (Part 4): Balms, Dusts and Body Play These potions and lotions are the most innovative and interesting of the topical sexual enhancers. Spanning a wide range that includes body paint, edible body frosting, honey dust, nipple cream and "Good Head gel", body balms are a creative addition to anyone's pleasure chest. When using any kind of body balm, keep a few common-sense facts in mind. Most sensual unguents contain oil, which means they'll stain just about any fabric they come into contact with. We recommend using an old set of sheets. Also, body play can

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER be very messy. While we don't expect you to throw down a drop cloth, you also don't want to stain your couch, carpeting or towels. Think about how your cream-colored chenille throw blanket will look when smeared with blue body paint, and consider draping the couch with an old towel before getting out the paintbrushes. (end)

- 140 The barangay elections shall be nonpartisan and shall be conducted in an expeditious and inexpensive manner.

Sec3: The construction or maintenance of provincial, city, municipal and barangay-funded roads and bridges shall be prohibited for a period of ten (10) days immediately preceding the date of election, the provisions of Section 261, paragraphs (v) and (w), of the Omnibus Election Code to the contrary notwithstanding.

Term of Office Sec43: Term of Office. — (a) The term of office of all local elective officials elected after the effectivity of this Code shall be three (3) years, starting from noon of June 30, 1992 or such date as may be provided for by law, except that of elective barangay officials: Provided, That all local officials first elected during the local elections immediately following the ratification of the 1987 Constitution shall serve until noon of June 30, 1992. (b) No local elective official shall serve for more than three (3) consecutive terms in the same position. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of service for the full term for which the elective official concerned was elected. (c) The term of office of barangay officials and members of the sangguniang kabataan shall be for three (3) years, which shall begin after the regular election of barangay officials on the second Monday of May 1994.

1987 Constitution – Article X Sec8: The term of office of elective local officials, except barangay officials, which shall be determined by law, shall be three years and no such official shall serve for more than three consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.

RA6679 (1988) - An Act To Amend Republic Act No. 6653 To Postpone The Barangay Elections To March 28, 1989, Prescribing Additional Rules Governing The Conduct Of Barangay Elections And For Other Purposes Sec1: The elections of barangay officials set on the second Monday of November 1988 by Republic Act No. 6653 are hereby postponed and reset to March 28, 1989. They shall serve a term which shall begin on the first day of May 1989 and ending on the thirty-first day of May 1994. There shall be held a regular election of barangay officials on the second Monday of May 1994 and on the same day every five (5) years thereafter. Their term shall be for five (5) years which shall begin on the first day of June following the election and until their successors shall have been elected and qualified: Provided, That no barangay official shall serve for more than three (3) successive terms. acd

CA VE AT:

Sec5: There shall be a sangguniang barangay in every duly constituted barangay which shall be the legislative body and shall be composed of seven (7) kagawads to be elected by the registered voters of the barangay. The candidate who obtains the highest number of votes shall be the punong barangay and in the event of a tie, there shall be a drawing of lots under the supervision of the Commission on Elections. The chairman of the kabataang barangay who shall hereafter be elected in accordance with law shall be an ex officio member of the sangguniang barangay. In the event of any vacancy in the office of the punong barangay, whether temporary or permanent, or in case of disqualification or refusal to assume office, an order of succession among the six (6) members of the sangguniang barangay based upon the number of votes received from the highest to the lowest shall be followed to fill up the vacancy. In default of any duly elected member of the sangguniang barangay, the vacancy may be filled up by the city or municipal mayor concerned. Approved: November 4, 1988

RA8524 (1998) – An Act Changing The Term Of Office Of Barangay Officials And Members Of The Sangguniang Kabataan From Three (3) Years To Five (5) Years, Amending For The Purpose Section 43 Of RA7160, Otherwise Known As The Local Government Code Of 1991, And For Other Purposes Sec1: Section 43 of Republic Act No. 7160, otherwise known as the Local Government Code of 1991, is hereby amended to read as follows: "SEC. 43. Term of Office. — (a) The term of office of all elective officials elected after the effectivity of this Code shall be three (3) years, starting from noon of June 30, 1992 or such date as may be provided for by law, except that of elective barangay officials and members of the sangguniang kabataan: Provided, That all local officials first elected during the local elections immediately following the ratification of the 1987 Constitution shall serve until noon of June 30, 1992. "(b) No local elective official shall serve for more than three (3) consecutive terms in the same position. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of service for the full term for which the elective official concerned was elected. "(c) The term of barangay officials and members of the sangguniang kabataan shall be for five (5) years, which shall begin after the regular election of barangay officials on the second Monday of May 1997: Provided, That the sangguniang

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER kabataan members who were elected in the May 1996 elections shall serve until the next regular election of barangay officials." Sec2: The provisions of this Act shall apply to the incumbent barangay officials and members of the sangguniang kabataan. Approved: February 14, 1998

RA9006 (2001) – An Act To Enhance The Holding Of Free, Orderly, Honest, Peaceful And Credible Elections Through Fair Election Practices Sec14: Repealing Clause. — Sections 67 and 85 of the Omnibus Election Code (BP881) and Sections 10 and 11 of RA6646 are hereby repealed. As a consequence, the first proviso in the third paragraph of Section 11 of RA8436 is rendered ineffective. All laws, presidential decrees, executive orders, rules and regulations, or any part thereof inconsistent with the provisions of this Act are hereby repealed or modified or amended accordingly.

RA9164 (2002) – An Act Providing For Synchronized Barangay And Sangguniang Kabataan Elections, Amending Ra7160, As Amended, Otherwise Known As The "Local Government Code Of 1991", And For Other Purposes Sec2: Term of Office. — The term of office of all barangay and sangguniang kabataan officials after the effectivity of this Act shall be three (3) years. No barangay elective official shall serve for more than three (3) consecutive terms in the same position: Provided, however, that the term of office shall be reckoned from the 1994 barangay elections. Voluntary renunciation of office for any length of time shall not be considered as an interruption in the continuity of service for the full term for which the elective official was elected.

Borja vs. COMELEC (1998) Facts: • Capco was elected Pateros vice-mayor of Pateros on 1988 for a term ending June 1992. On September 2, 1989, he became mayor, upon the death of the incumbent. • Capco ran for and won as mayor in the 1992 and 1995 elections. • Capco filed a certificate of candidacy for mayor of Pateros for the 1998 elections. Borja who was also a candidate for mayor, sought Capco's disqualification on the theory that the latter would have already served as mayor for three consecutive terms (counting 1989-1992 term) Issue: WON Capco’s service as mayor from September 2, 1989 to June 30, 1992 is considered as service for one full term. Held: NO

CA VE AT:

- 141 To prevent the establishment of political dynasties is not the only policy embodied in the constitutional provision in question. The other policy is that of enhancing the freedom of choice of the people. To consider only the stay in office regardless of how the official concerned came to that office would be to disregard one of the purposes of Article X, §8 of the Constitution. (b) The first sentence speaks of "the term of office of elective local officials" and bars "such official[s]" from serving for more than three consecutive terms. The second sentence, in explaining when an elective local official may be deemed to have served his full term of office, states that "voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected." The term served must therefore be one "for which [the official concerned] was elected." The purpose of this provision is to prevent a circumvention of the limitation on the number of terms an elective local official may serve. Conversely, if he is not serving a term for which he was elected because he is simply continuing the service of the official he succeeds, such official cannot be considered to have fully served the term notwithstanding his voluntary renunciation of office prior to its expiration. Lonzanida vs. COMELEC (1999) (a)

Facts: • Lonzanida served two consecutive terms as Mayor prior to the 1995 elections. In the May 1995 elections Lonzanida ran for and won as mayor. • His proclamation in 1995 was however contested by his then opponent Alvez who filed an election protest • COMELEC declared Alvez the duly elected mayor of San Antonio, Zambales. • Alvez assumed office for the remainder of Lonzanida's term. • In 1998 elections Lonzanida again ran for mayor of San Antonio. His opponent Muli filed a petition to disqualify Lonzanida from running on the ground that he had served three consecutive terms in the same post. Issue: WON Lonzanida's assumption of office from May 1995 to March 1998 may be considered as service of one full term for the purpose of applying the three-term limit for elective local government officials Held: NO

•

2)

2 conditions for the application of the disqualification must concur: that the official concerned has been elected for three consecutive terms in the same local government post and that he has fully served three consecutive terms.

•

IN CAB: The two requisites are absent.

1.

Not elected for three terms: Petitioner cannot be considered as having been duly elected to the post and did not fully serve the 1995-1998 mayoral term by reason of involuntary

1)

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER relinquishment of office. After a re-appreciation and revision of the contested ballots the COMELEC itself declared by final judgment that petitioner Lonzanida lost in the May 1995 mayoral elections and his previous proclamation as winner was declared null and void. His assumption of office as mayor cannot be deemed to have been by reason of a valid election but by reason of a void proclamation. A proclamation subsequently declared void is no proclamation at all.

2. •

Did not fully served the May 1995 to 1998 term : because he was ordered to vacate his post before the expiration of the term. Voluntary v. Involuntary Renunciation: Voluntary renunciation of a term does not cancel the renounced term in the computation of the three term limit; conversely, involuntary severance from office for any length of time short of the full term provided by law amounts to an interruption of continuity of service. The petitioner vacated his post not by voluntary renunciation but in compliance with the legal process of writ of execution issued by the COMELEC to that effect. Such involuntary severance from office is an interruption of continuity of service.

!!! Dan Gat's Notes: SC has made a distinction between:

a. b.

voluntary renunciation  term deemed fully served involuntary renunciation  term not deemed fully served

Sir asks…what if the official, on his third term of office, was suspended for one day  involuntary renunciation? So he can run again in the next election?

Adormeo vs. COMELEC (2002) Facts: • Talaga, served as mayor: a. May 1992 – served the full term b. 1995 – served a full term c. 1998- lost to Tagaro d. 2000 recall election – served the unexpired portion of Tagarao • Talaga and Adormeo filed their COCs for the 2001 elections • Adormeo filed a petition to cancel the COC of and disqualify Talaga on the ground that it had served as a city mayor for 3 consecutive terms which is in violation of Sec 8 Art X of the Consti. Issue: WON Talaga is qualified to run as Mayor of Lucena. Held: YES Talaga has not yet served for 3 consecutive terms. The term limit for elective local officials must be taken to refer to the right to be elected as well as the right to serve in the same elective position. It is not enough that an individual has served 3 consecutive terms in an elective local office, he must also have

CA VE AT:

- 142 been elected to the same position for the same number of times before the disqualification can apply. For the disqualification to apply, 2 conditions must concur: 1. that the official has been elected for 3 consecutive terms in the same local govt. post 2. that he has fully served the 3 consecutive terms. For nearly 2 years, Talaga was a private citizen. The continuity of his mayorship was disrupted by his defeat in the 1998 elections. Fr. Bernas’ comment (if one is elected representative to serve the unexpired term of another, that unexpired, no matter how short, will be considered 1 term xxx) is pertinent only to members of the House of Rep.

Socrates vs. COMELEC (2002) Facts: • July 2, 2002- Puerto Princessa barangay officials convened into a Preparatory Recall Assembly to initiate the recall of Mayor Socrates. Resolution No. 01-02 was passed. • Socrates questioned Resolution but Comelec upheld it. • Hagedorn filed his CoC for mayor in said recall election. • Respondents filed a petition to disqualify him and to cancel his CoC on the ground that such would then be his fourth consecutive term having been elected for 3 consecutive terms Issue: WON Hagedorn is qualified to run for mayor Held: YES 3-term limit rule for elective local officials is found in Sec 8 Art X of the Consti and on Sec. 43(b) of the LGC. These constitutional and statutory provisions have 2 parts: 1. provides that an elective local official cannot serve for more than 3 consecutive terms. The clear intent is that only consecutive terms count in determining the 3-term rule limit. 2. voluntary renunciation of the office for any length of time does not interrupt the continuity of service. The clear intent is that involuntary severance from office for any length of time interrupts continuity of service and prevents the service before and after the interruption from being joined together from a continuous service or consecutive terms. The prohibited election refers to the next regular election of the same office following the end of the 3rd consecutive term. Any subsequent election is no longer covered by the prohibition for 2 reasons: 1. A subsequent election like a recall election is no longer an immediate reelection after 3 consecutive terms 2. The intervening period constitutes an involuntary interruption in the continuity of service. Deliberation of the ConCom shows that what is prohibited is an immediate reelection for a 4th term immediately after the end of the 3rd consecituve term.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Hagedorn's candidacy in the recall election does not fall under the said prohibition. He was elected for 3 consecutive terms in the 1992, 1995, and 1998 elections and served in full his 3 consecutive terms as mayor of Puerto Princesa. Under the Consti and the LGC he can no longer run for the 2001 elections because of which it was Socrates who ran and won the said position. Hagedorn then became a private citizen for nearly 15 months. Said period is clearly an interruption in the continuity of HAgedorn's service as mayor not because of voluntary renunciation but because of a legal prohibition.

•

• •

Constitution does not require that the interruption be a full term of 3 years. The clear intent is that interruption for any length of time is sufficient to break an elective local official's continuity of service. Hagedorn's recall term does not retroact to include the tenure in office of Socrates. He does not serve the full term of the predecessor but only the expired term. !!! Dan Gat's Notes: Ah! So an LGU elective official can stay in power forever! Serve three terms; then be sure your successor gets recalled; then be sure to win in the recall election; then you have a fresh three terms again after serving the recall term.

Mendoza vs. COMELEC (2001) (sorry kung mahaba ito. Many important arguments - geof) Facts: • Leonardo B. Roman held the post of governor of Bataan province for several terms: Years served Manner of Assumption 1986-1988 Appointed OIC Governor of Bataan province by former Pres. Aquino and served up to 1988 1988-1992 Elected gov. and served up to 1992 1994-1995 Elected gov. during the recall election in 1993, assumed office on June 28, 1994 and served up to 1995 1995-1998 Elected gov. and served up to 1998 1998-2001 Elected gov. and served up to 2001 2001-2004 Elected gov. and presently the incumbent gov.

•

•

Petitioners filed with the COMELEC a petition for quo warranto, alleging that Roman has served as governor of Bataan for 3 consecutive terms counted from his assumption of office by virtue of the 1993 recall election. As such, he is disqualified/ ineligible to seek a 4th term for the same position in 2001. After due deliberation, the SC voted 8-7 to dismiss the petition.

Vitug, J: (joined by Ynares-Santiago, J.) WON Roman’s incumbency to the post of Governor following the recall elections be included in determining the 3-consecutive term limit - NO

CA VE AT:

•

- 143 In order that the 3-consecutive term limit can apply, 2 conditions must concur: o That the elective local official concerned has been elected for 3 consecutive terms to the same local government position, and o That he has served 3 consecutive full terms. A winner who dislodges in a recall election an incumbent elective local official merely serves the balance of the latter’s term of office; it is not a full 3-year term. < It also goes without saying that an incumbent elective local official against whom a recall election is initiated and who nevertheless wins in a recall election must be viewed as being a continuing term of office and not as a break in reckoning his 3 consecutive terms.> If involuntary severance from the service which results in the incumbent’s being unable to finish his term of office because of his ouster through valid recall proceedings negates “one term” for purposes of applying the 3-term limit, it stands to reason that the balance of the term assumed by the newly elected local official in a recall election should not also be held to be one term in reckoning the 3-term limit. In both situations, neither the elective local official who is unable to finish his term nor the elected local official who only assumes the balance of the term of the ousted official following the recall election could be considered to have served a full 3year term set by the Constitution.

Mendoza, J: (joined by Quisumbing, J.): WON Roman’s last election violates the 3-term limit in the Consti. Considering that at that time he had served for only 7 years – NO • To summarize, in applying the 3-term limit, the term during which succession takes place or a recall election is held should not be counted, either with the 3 consecutive terms preceding, or with the 3 consecutive terms succeeding, such term. It should not be counted, not because of any interruption in the continuity of the service but because such term is for less than 3 years. Hence, the unexpired portion of a term, whether filled by succession or by election in a recall, cannot be considered 1 full term. In the CAB, since Roman’s first election in 1993 was in consequence of a recall and not a regular election and he had not fully served 3 consecutive terms when he was elected in 2001, his last election is valid. The cases of Borja and Arcos are on all fours with the CAB. • Succession and recall are alike. They are both modes of succession for the purpose of automatically filling permanent vacancies in elective local offices to prevent a hiatus in office. The local official who succeeds to the office or is elected in a recall simply finishes the term of his predecessor. Panganiban, J.: (joined by Puno, J.) Dismisses Petition An Apparent Distinction That Does Not Make a Real Difference • To argue and differentiate – that in one case there was succession to office and in the other a recall election – would be to quibble over an apparent distinction that does not make a real difference.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER •

•

•

•

•

Petitioners opine that in establishing term limits, the Consti. intended to prevent a local official from holding the same office for a period longer than 3 consecutive terms or a total of 9 years. However, whether the initial accession to office was by virtue of succession/ operation of law or by virtue of a recall election, the same evil (monopoly of political power) might still arise at some point down the road. One unusual mode of entry into public office would be simplistically favored over another if one official is allowed to serve more than 3 terms, on the ground that the excess was by virtue of a legal succession to a vacant office; and to disallow another from so serving, simply because the excess was by reason of a recall election. Simplistically, assumption of office by operation of law would be favored over that by recall election. Such line of reasoning puts a higher premium on an accidental or opportunistic succession to office (for ex., through the death of the incumbent) over a collective and earnest expression of the people’s sovereign will (as through a recall election). The SC’s pronouncement in Socrates is of no avail either. The analysis therein cannot be regarded as controlling insofar as the instant case is concerned. In that case, the main issue was whether a recall election that took place after the 4th consecutive election had taken place was to be deemed an “immediate reelection” to a 4th term. The SC answered “No,” there was “no immediate reelection after 3 consecutive terms.” The issues in Socrates did not include the question whether a recall term should be considered 1 term for purposes of reckoning term limits. Therefore, the SC’s ratiocination that a recall term is 1 term for purposes of counting the 3-term limit may be regarded merely as an obiter dictum.

Sandoval-Gutierrez, J.: (joined by Davide, C.J, Austria-Martinez, Corona, and Callejo, Sr.) WON a governor, elected in a recall election and who has held office for the unexpired term of his predecessor, is considered to have served a full term for the purpose of applying the 3-term limit under the Consti – YES • Said constitutional and statutory provisions on term limits make no distinction as to the nature of the election – whether regular, special or recall elections. Where the law does not distinguish, the courts should make no distinction. These provisions do not confine the 3-term rule to regular elections only. They include any election (such as recall election) for the same position. • To exclude the service of such official who won the recall election would certainly permit a circumvention of the purpose of the 3-term rule

•

The SC, just a month ago, declared in Socrates that although an official elected in a recall election serves the unexpired term of the recalled official, this unexpired term is in itself 1 term for purposes of counting the 3-term limit. It went further in saying that a local official who serves a recall term should

CA VE AT:

- 144 know that such term is in itself 1 term although less than 3 years. This is the inherent limitation he takes by running and winning in the recall election. It now boggles my mind why the majority has made a complete turn-around and totally disregarded this significant pronouncement which could have given life to the constitutional mandate.

Carpio, J.: (joined by Carpio-Morales, J.) WON a recall term is considered as 1 term for purposes of counting the 3-term limit of elective local officials – YES

•

•

•

The instant case is not a situation where the official succeeded by operation of law to the office and served the unexpired term of his predecessor as in Borja. Here, Roman was elected to serve the unexpired term of his predecessor. To say that the recall term is a stray term, belonging to no elected official in counting the 3-term limit, is to ignore reality. A recall term arises from a special election for a fixed term of office – the unexpired term of the recalled official. The official elected in a recall election has the same functions and powers as an official elected to the same office in a regular election. The recall term is a legal and political fact that cannot just be dismissed as a stray term. In Adormeo and Socrates, it was ruled that the recall term is not consecutive to the previous terms of one who wins the recall election against the recalled official. The term of office of the incumbent or recalled official serves to break the continuity of service of the comebacking official who wins a recall election. But a recall term of an official who is reelected in the next 2 regular elections, like that of Roman, is not interrupted by any term of another official. Thus, such recall term should be counted in computing the 3-term limit. To consider a recall term as a stray term will encourage a person disqualified because of the 3-term limit to agitate for the recall of his immediate successor.

Azcuna, J.: (joined by Bellosillo, J.) • In the present case, Roman’s election as governor in the recall election should not be counted as 1 full term. For the disqualification to attach, 3 consecutive terms must be served in full. This is the exception to the rule, so it must be strictly complied with. Service for less than the full term, except only in case of voluntary renunciation, should not be counted to determine the existence of the disqualification. Voted to DISMISS pet: Vitug Ynares-Santiago Mendoza Quisumbing Panganiban Puno Azcuna Bellosillo David vs. COMELEC (1997)

Voted to GRANT pet.: Sandoval-Gutierrez Davide Austria-Martinez Corona Callejo, Sr. Carpio Carpio-Morales

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Section 43(c) of R.A. 7160 reads: The term of office of barangay officials and members of the sangguniang kabataan shall be for 3 years, which shall begin after the regular election of barangay officials on the second Monday of May 1994. Issue: WON the law which governs the term of office of bgy. officials is RA 7160 (and not 6679) Held: YES, RA 7160 • In light of the historical background, the intent and design of the legislature to limit the term of barangay officials to only 3 years as provided under the LGC emerges. Issue: WON the 3-year term is repugnant to the Constitution Held: NO (Liga ng mga Barangay posits that by excepting barangay officials whose "term shall be determined by law" from the general provision fixing the term of "elective local officials" at 3 years, the Constitution thereby impliedly prohibits Congress from legislating a 3-year term for such officers.) • The Constitution did not expressly prohibit Congress from fixing any term of office for barangay officials. It merely left the determination of such term to the lawmaking body, without any specific limitation or prohibition, thereby leaving to the lawmakers full discretion to fix such term in accordance with the exigencies of public service.

- 145 Unforeseen and unforeseeable, since the vacating is expressly made as of the moment of the filing of the COC. Aguinaldo vs. COMELEC (1999) •

•

Section 67 of the Omnibus Election Code provides: Sec. 67. Any elective official, whether national or local, running for any office other than the one which he is holding in a permanent capacity, except for President and Vice President, shall be considered ipso facto resigned from his office upon the filing of his certificate of candidacy Issue: WON Section 67 is unconstitutional for violating the equal protection clause Held: No

• 1.

2. Monroy vs. CA (1967) Facts:

• • •

Roberto Monroy was the incumbent mayor of Navotas, Rizal when he filed his certificate of candidacy as representative of the 1st district of Rizal. 3 days later, he filed a petition with the Comelec withdrawing said certificate of candidacy. The Comelec approved the withdrawal. However, then Vice mayor Felipe del Rosario took his oath of office as municipal mayor on the theory that: Monroy had forfeited his office upon his filing of the certificate of candidacy in question.

Issue: WON withdrawal of COC restored petitioner to his former position Held: NO 1. The Law: Section 27 of the Revised Election Code: Any elective provincial, municipal or city official running for an office. Other than the one which he is actually holding, shall be considered resigned from his office from the moment of the filing of his COC. 2. Forfeiture is therefore automatic and permanently effective upon the filing of the COC for another office. consider only the MOMENT and ACT of filing 3. JBL Reyes in Castro vs. Gatuslao: The wording of the law plainly indicates that only the date of the filing xxx should be taken into account. The law does not make the forfeiture dependent upon future contingencies.

CA VE AT:

Petitioners Aguinaldo et al were incumbent provincial or municipal officials in Cagayan. They seek to prevent the Comelec from enforcing during the 1998 elections Section 67 of the Omnibus Election Code (BP 881).

3.

In Dimaporo v Mitra, the Supreme Court ruled that Section 67 seeks to ensure that elective public officials serve out their entire term of office by discouraging them from running for another public office and thereby cutting short their tenure by making it clear that should they fail in their candidacy, they cannot go back to their former position. Section 67 was crafted with the intention of giving flesh to the constitutional mandate that public service is a public trust. This means that all elective officials should honor the mandate they have gotten from the people. They should not be allowed to deviate from this mandate by running for another position during his term of office, unless he relinquishes or abandons his office. If a Batasan member, governor or mayor who was mandated to serve for a fixed number of years is allowed to run for an office other than the one he was elected to serve, then that clearly shows that he does not have the intention to service the mandate of the people which was placed upon him and therefore he should be considered as ipso facto resigned. (from the records of the deliberations of the Batasang Pambansa) Section 67 does not unduly cut short the term of office of local officials. The situation that results with the application of Section 67 is covered by the term “voluntary renunciation.” The filing of a certificate of candidacy for another office constitutes an overt, concrete act of voluntary renunciation of the elective office presently being held by the concerned official.

Hunting the Elusive G-Spot by Tamar Love Virtually everyone has heard stories about a magic spot inside a woman that, if properly stimulated, will send her to paroxysms of sexual ecstasy. Known as the G-Spot, this area has been the subject of several books and countless magazine articles. But does it really exist? If so, how do you find it?

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER The simple answer is yes, the G-Spot does exist, but but there's nothing mysterious about it. It's simply an area of increased sensitivity that many women like to have stimulated. Named after Ernst Grafenberg, a German medical doctor who wrote about "an erotic zone located on the anterior wall of the vagina along the course of the urethra that would swell during sexual stimulation," the G-Spot was popularized during the Women's Movement in The G Spot, a best-selling book by Alice K. Ladas, Beverly Whipple and John D. Perry. (continued…) Vacancies and Succession Sec44: Permanent Vacancies in the Offices of the Governor, Vice-Governor, Mayor, and Vice-Mayor. — If a permanent vacancy occurs in the office of the governor or mayor, the vicegovernor or vice-mayor concerned shall become the governor or mayor. If a permanent vacancy occurs in the offices of the governor, vice-governor, mayor, or vice-mayor, the highest ranking sanggunian member or, in case of his permanent inability, the second highest ranking sanggunian member, shall become the governor, vice-governor, mayor or vice-mayor, as the case may be. Subsequent vacancies in the said office shall be filled automatically by the other sanggunian members according to their ranking as defined herein. (b) If a permanent vacancy occurs in the office of the punong barangay, the highest ranking sanggunian barangay member or, in case of his permanent inability, the second highest ranking sanggunian member, shall become the punong barangay. (c) A tie between or among the highest ranking sanggunian members shall be resolved by the drawing of lots. (d) The successors as defined herein shall serve only the unexpired terms of their predecessors. For purposes of this Chapter, a permanent vacancy arises when an elective local official fills a higher vacant office, refuses to assume office, fails to qualify, dies, is removed from office, voluntarily resigns, or is otherwise permanently incapacitated to discharge the functions of his office. For purposes of succession as provided in the Chapter, ranking in the sanggunian shall be determined on the basis of the proportion of votes obtained by each winning candidate to the total number of registered voters in each district in the immediately preceding local election. Sec45: Permanent Vacancies in the Sanggunian. — (a) Permanent vacancies in the sanggunian where automatic succession provided above do not apply shall be filled by appointment in the following manner: (1) The President, through the Executive Secretary, in the case of the sangguniang panlalawigan and the sangguniang panlungsod of highly urbanized cities and independent component cities; (2) The governor, in the case of the sangguniang panlungsod of component cities and the sangguniang bayan; (3) The city or municipal mayor, in the case of sangguniang barangay, upon recommendation of the sangguniang barangay concerned.

CA VE AT:

- 146 (b) Except for the sangguniang barangay, only the nominee of the political party under which the sanggunian member concerned had been elected and whose elevation to the position next higher in rank created the last vacancy in the sanggunian shall be appointed in the manner hereinabove provided. The appointee shall come from the same political party as that of the sanggunian member who caused the vacancy and shall serve the unexpired term of the vacant office. In the appointment herein mentioned, a nomination and a certificate of membership of the appointee from the highest official of the political party concerned are conditions sine qua non, and any appointment without such nomination and certification shall be null and void ab initio and shall be a ground for administrative action against the official responsible therefore. (c) In case or permanent vacancy is caused by a sanggunian member who does not belong to any political party, the local chief executive shall, upon recommendation of the sanggunian concerned, appoint a qualified person to fill the vacancy. (d) In case of vacancy in the representation of the youth and the barangay in the sanggunian, said vacancy shall be filled automatically by the official next in rank of the organization concerned.

Sec46: Temporary Vacancy in the Office of the Local Chief Executive. — (a) When the governor, city or municipal mayor, or punong barangay is temporarily incapacitated to perform his duties for physical or legal reasons such as, but not limited to, leave of absence, travel abroad, and suspension from office, the vicegovernor, city or municipal vice-mayor, or the highest ranking sangguniang barangay member shall automatically exercise the powers and perform the duties and functions of the local chief executive concerned, except the power to appoint, suspend, or dismiss employees which can only be exercised if the period of temporary incapacity exceeds thirty (30) working days. (b) Said temporary incapacity shall terminate upon submission to the appropriate sanggunian of a written declaration by the local chief executive concerned that he has reported back to office. In cases where the temporary incapacity is due to legal causes, the local chief executive concerned shall also submit necessary documents showing that said legal causes no longer exist. (c) When the incumbent local chief executive is traveling within the country but outside his territorial jurisdiction for a period not exceeding three (3) consecutive days, he may designate in writing the officer-in-charge of the said office. Such authorization shall specify the powers and functions that the local official concerned shall exercise in the absence of the local chief executive except the power to appoint, suspend, or dismiss employees. (d) In the event, however, that the local chief executive concerned fails or refuses to issue such authorization, the vicegovernor, the city or municipal vice-mayor, or the highest ranking sangguniang barangay member, as the case may be, shall have the right to assume the powers, duties, and functions of the said office on the fourth (4th) day of absence of the said

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER local chief executive, subject to the limitations provided in subsection (c) hereof. (e) Except as provided above, the local chief executive shall in no case authorize any local official to assume the powers, duties, and functions of the office, other than the vicegovernor, the city or municipal vice-mayor, or the highest ranking sangguniang barangay member, as the case may be. Sec47: Approval of Leaves of Absence. — (a) Leaves of absence of local elective officials shall be approved as follows: (1) Leaves of absence of the governor and the mayor of a highly urbanized city or an independent component city shall be approved by the President or his duly authorized representative; (2) Leaves of absence of vice-governor or a city or municipal vice-mayor shall be approved by the local chief executive concerned: Provided, That the leaves of absence of the members of the sanggunian and its employees shall be approved by the vice-governor or city or municipal vice-mayor concerned; (3) Leaves of absence of the component city or municipal mayor shall be approved by the governor; and (4) Leaves of absence of a punong barangay shall be approved by the city or municipal mayor: Provided, That leaves of absence of sangguniang barangay members shall be approved by the punong barangay. (b) Whenever the application for leave of absence hereinabove specified is not acted upon within five (5) working days after receipt thereof, the application for leave of absence shall be deemed approved.

Menzon vs. Petilla (1991) Facts: • No Governor was proclaimed for the province of Leyte due to a pending election case before the COMELEC. • Sec of Local Govt Santos designated Vice-Gov Petilla as Acting Gov of Leyte, and Sangguniang Panlalawigan Member Menzon as Acting Vice-Gov. • The Sangguniang Panlalawigan issued Resolution 505, resolving NOT to recognize the designation of Menzon as Acting Vice-Gov. Issue1: WON there was a vacancy in the office of Vice-Gov Held: YES There is a vacancy when there is no person lawfully authorized to assume and exercise at present the duties of the office. HERE  The office of Vice-Gov was left vacant when the duly elected Vice-Gov, Petilla was appointed as Acting Gov. In the eyes of the law, the office to which he was elected was left barren of a legally qualified person to exercise the duties of the office of ViceGov. Issue2: WON the Sec. of Interior had the authority to designate Menzon as Acting Vice-Gov

CA VE AT:

- 147 -

Held: YES 1 Under the circumstances of this case:

a.

Silence of the LGC as to the mode of succession in the event of a temporary vacancy in the office of Vice-Gov; and b. Necessity for the appointment of Vice-Gov demanded by the exigencies of public service - to prevent a delay in the delivery of basic services and the disruption in the proper management of the affairs of Leyte during the time when no Gov had yet been proclaimed …the President, through her alter ego, the Sec of Local Govt, may remedy the situation [by declaring the temporary appointment of Menzon as Acting Vice-Gov]. 2 CA 588 & the Revised Admin Code of 1987, authorizing the Prex to make temporary appointments in case of vacancies in appointive positions, may be similarly applied in the present case. in the absence of any contrary provision in the LGC in the best interest of public service

Gamboa vs. Aguirre (1999) Facts: • Negros Occidental Governor Coscolluela designated petitioner Gamboa as acting governor for the duration of the governor's official trip abroad • Subsequently, when the SP held its regular session, respondents (members of the Sangguniang Panlalawigan) questioned the authority of Gamboa to preside therein in view of his designation as Acting Governor Issue: WON an incumbent Vice-Governor, while concurrently the Acting Governor, continue to preside over the sessions of the Sangguniang Panlalawigan Held: NO. There results a temporary vacancy in the office of the ViceGovernor whenever the latter acts as Governor by virtue of a temporary vacancy. 1. unlike under the old LGC where the Governor is not only the provincial chief executive but also the presiding officer of the local legislative body, the new LGC deprived the Governor of the power to preside over the SP  this is clear from the provision of the LGC that the "local legislative power shall be vested in the SP" (Sec 48) which is comprised of: 1.) Vice Governor, as presiding officer 2.) Regular elective SP members 3.) Three elective sectoral representatives 4.) ex-officio members, nameley: a.) president of the provincial chapter of the liga ng mga barangay b.) president of the panlalawigang pederasyon ng mga sangguniang kabataan

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER c.)



president of the provincial federation of sanggunian members of municipalities and component cities Governor is not in the list! when the law enumerates, the law necessarily excludes. Consequently, the union of legislative-executive powers in the Governor has been disbanded

2.

It has been held that if a Mayor who is out of country is considered effectively absent, the Vice-Mayor should discharge the duties of the mayor. This should equally apply in the CAB.



Although it is difficult to lay down a definite rule as to what constitutes "absence", this term should be reasonably construed to mean "effective" absence  one that renders the officer concerned powerless for the time being to discharge the powers and prerogatives of his office Being the Acting Gov, the Vice Gov cannot continue to simultaneously exercise the duties of the latter office, since the nature of the duties of the provincial Governor call for a full time occupant to discharge them.



3.

Remedy: Article 49 (b) of LGC: election of a temporary presiding officer.

- 148 SEC. 50. Permanent Vacancies in Local Sanggunians. Except for the sangguniang barangay, the appointee shall come from the political party of the sanggunian member who caused the vacancy, and shall serve the unexpired term of the vacant office. 1. From the tenor of the appointment extended to Docena on November 19, 1990, there is no question that it was intended to be permanent. Petitioner's appointment had already become complete and enforceable at the time it was supposed to have been "superseded" by the appointment in favor of Alar.  Docena had already acquired security of tenure in the position and could be removed therefrom only for any of the causes, and conformably to the procedure, prescribed by the Local Government Code. These requirements could not be circumvented by the simple process of recalling his appointment. 2. The respondents are ambivalent about the power of the Secretary of Local Government to recall his appointments.  They described the December 19 recall of Alar as "whimsical, capricious and wishy-washy" for lack of a previous hearing (although they had no similar complaints about the recall of Docena's appointment although also made without hearing). !!! Dan Gat's Notes: Docena still good law?

Victoria vs. COMELEC (1994)

Docena vs. Sangguniang Panlalawigan of Eastern Samar (1991) Facts • Luis Capito, elected and serving as member of the Sangguniang Panlalawigan (SP) died in office • Petitioner Agustin Docena was appointed to succeed Capito • This appontment was issued by Department of Local Government Secretary Santos on November 19, 1990 • November 27: For unknown reasons, respondent Socrates Alar was also appointed by Secretary Santos to the position already occupied by Docena • December 18: the SP passed Resolution No. 75 recognizing Alar rather than Docena as legitimate successor of the late Capito • December 19: Secretary Santos sent a letter to Alar, informing the latter of the prior appointment of Docena and recalling Alar's appointment Issue: WON Docena should be the appointed member to the Sangguniang Panlalawigan Held: Yes The pertinent legal provision is Section 50, LGC:

CA VE AT:

Issue: How should the ranking of SP members be computed for the purpose of succession? Petitioner’r argument: ranking of the SP members should not only be based on the number of votes obtained in relation to the total number of registered voters, but also on the number of voters in the district who actually voted therein (which will result in petitioner Victoria ranking 1st) Held: Sec 44 of LGCode last par provides: . . . . "For purposes of succession as provided in this Chapter, ranking in the sanggunian shall be determined on the basis of the proportion of votes obtained by each winning candidates to the total number of registered voters in each district in the immediately preceding local election." The law is clear that the ranking in the SP shall be determined on the basis of the proportion of the votes obtained by each winning candidate to the total number of registered voters of each district. It does not mention anything about factoring the numbers of voters who actually voted.

Fariñas vs. Barba (1996) Issue1: In case of a permanent vacancy in the Sangguniang Bayan caused by the cessation from office of a member who does

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER not belong to any political party, who can appoint the replacement and in accordance with what procedure? Held: Governor upon the recommendation of SB concerned Since the vacancy in this case was created by a SB member who did not belong to any political party, the specific provision involved is par. (c) of Sec. 45 to wit: In case the permanent vacancy is caused by a sanggunian member who does not belong to any political party, the local chief executive shall, upon recommendation of the sanggunian concerned, appoint a qualified person to fill the vacancy. To be sure the President of the Philippines can not be referred to as "local chief executive" in Sec. 45(c). It is apparent that the phrase is a misnomer and that the choice of this phrase was simply dictated by the need to avoid, for stylistic reasons, interminably repeating the officials on whom the power to appoint is conferred. Perhaps "authorities concerned" would have been a more accurate generic phrase to use. The phrase "sanggunian concerned" in Sec. 45(c) should more properly be understood as referring to the Sanggunian in which the vacancy is created. This is in keeping with the policy implicit in Sec. 45(a)(3).

- 149 of a member must be made by the mayor upon the recommendation of that Sanggunian. The reason is that members of the Sangguniang Barangay are not allowed to have party affiliations. Issue2: Is the appointing authority limited to the appointment of those "recommended" to him? Held: YES The appointing authority is not bound to appoint anyone recommended to him by the Sanggunian concerned. The power of appointment is a discretionary power. On the other hand, neither is the appointing power vested with so large a discretion that he can disregard the recommendation of the Sanggunian concerned. Since the recommendation takes the place of nomination by political party, the recommendation must likewise be considered a condition sine qua non for the validity of the appointment, by analogy to the provision of Sec. 45(b). IN CAB, since neither Nacino nor Palafox was appointed in the manner indicated in the SB of San Nicolas. For while Nacino was appointed by Gov, he was not recommended by the SB of San Nicolas. On the other hand, Palafox was recommended by the mayor and not the provincial governor who appointed him.

CONSTRUCTION OF SEC. 45:

Navarro vs. CA (2001)

Where the Permanent Vacancy is Caused by a Sanggunian Member belonging to a Political Party Sangguniang Panlalawigan and Sanguniang Panlungsod of highly urbanized cities and independent component cities — The President, through the Executive Secretary, upon the nomination and certification of the political party to which the member who caused the vacancy belonged, as provided in Sec. 45(b). Sangguniang Panlungsod of component cities and Sangguniang Bayan — The Governor upon the nomination and certification of the political party to which the member who caused the vacancy belonged, as provided in Sec. 45(b). Where the Vacancy is Caused by a Sanggunian Member Not Belonging to a Political Party Sangguniang Panlalawigan and Sangguniang Panlungsod of highly urbanized and independent component cites — The President, through the Executive Secretary, upon recommendation- of the Sangguniang Panlalawigan or Sangguniang Panlungsod as the case may be. Sangguniang Panlungsod of component cities and Sangguniang Bayan — The Governor upon recommendation of the Sangguniang Panlungsod or Sangguniang Bayan as the case may be. Where the Vacancy is Caused by a Member of the Sangguniang Barangay — City or Municipal Mayor upon recommendation of the Sangguniang Barangay

There is only one rule governing appointments to the Sangguniang Barangay. Any vacancy therein caused by the cessation from office

CA VE AT:

Facts: May11, 1997 local elections in Mapandan, Pangasinan, following officials were elected to office… Calimlim – Mayor – Lakas NUCD-KAMPI Aquino – Vice-Mayor – Lakas… As members of Sangguniang Bayan ranked accordingly… 1. Tamayo – REFORMA-LM 2. Soriano – REFORMA… 3. Biagtan – REFORMA 4. Lalas – REFORMA 5. Eden, Jr. – REFORMA 6. Lalangan – Lakas… 7. Pascual – REFORMA 8. Lalas – Lakas… • •

•

•

Mayor Calimlim died. Vice-Mayor Aquino succeeded as Mayor by operation of law (Sec44, LGC) filling up the vacancy created. Accordingly, Tamayo, the highest ranking member of the Sangguniang Bayan (the one who garnered the highest number of votes) was elevated to the position of Vice-Mayor, pursuant to same law. Since a vacancy occurred in Sang. Bayan by elevation of Tamayo to Vice-Mayor office, Governor Agbayani appointed Navarro (belonging to and recommended by REFORMA party, party of Tamayo) as Member. Private respondents (from Lakas) filed civil case to nullify appointment of Navarro before RTC.

Issue1: Who created the last vacancy? Held: Elevation of Tamayo to Office of Vice Mayor.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Under Sec44, a permanent vacancy arises when an elective official: (1) fills a higher vacant office (2) refuses to assume office (3) fails to qualify (4) dies (5) is removed from office (6) voluntarily resigns (7) otherwise permanently incapacitated to discharge the functions of his office Crucial to the interpretation of Sec45(b) providing that “xxx only the nominee of the political party under which the Sanggunian member concerned has been elected and whose elevation to the position next higher in rank created the last vacancy in the Sanggunian shall be appointed in the manner hereinabove provided. The appointee shall come from the political party as that of the Sanggunian member who caused the vacancy xxx.” Reason behind the right given to a political party to nominate a replacement where a permanent vacancy occurs in the Sanggunian  to maintain the party representation as willed by the people in the election. In CAB, • with the elevation of Tamayo (from REFORMA) to position of ViceMayor, a vacancy occurred in the Sanggunian that should be filled up with someone who should belong to same political party. • Otherwise, REFORMA’s representation in Sanggunian would be diminished.

•

•

•

•

To argue that vacancy created was that formerly held by Lalas (from Lakas) as concluded by CA, would result in the increase of that party’s representation at the expense of REFORMA. This is contrary to the letter and spirit of the law and thus violative of a fundamental rule in statutory construction  to ascertain and give effect to the intent and purpose of the law. The “last vacancy” in the Sanggunian refers to that created by the elevation of the member formerly occupying the next higher in rank which in turn also had become vacant by any of the causes already enumerated. The term is thus used in Sec45(b) to differentiate it from the other vacancy previously created. The term by no means refers to the vacancy in No.8 position which occurred with the election of Lalas to 7th position. Such construction will result in absurdity.

•

• •

- 150 ViceMayor Navarro, while serving as Acting Mayor of Santiago City because of Mayor Miranda’s suspension, appointed respondents to positions in the city gov’t. – with permanent status and based on the evaluation made by the City Personnel Selection and Promotion Brd (PSPB), approved by CSC. When Mayor Miranda reassumed his post on March5, 1998, he considered the composition of PSPB irregular since majority party was not properly represented. 3months after (June10), Miranda issued an order terminating Respondents' services effective June15 because they performed poorly during the probationary period.

Issue: W/N respondents’ services were illegally terminated. Held: YES. Respondents already under Civil Service, so the Civil Service Law applies. I. Observance of Condition of Probationary Period To be able to gauge whether a subordinate is inefficient or incompetent requires enough time on the part of his immediate superior within which to observe his performance. Civil Service Law provides specific grounds for dismissing a government officer of employee from service, among which are inefficiency and incompetence in performance of official duties. Dismissal was on the ground of poor performance. Poor performance falls within the concept of inefficiency and incompetence in the performance of official duties which are grounds from dismissing a government official or employee from service. This concept requires passage of sufficient time (probationary period of 6 months) for it to be determined. CAB: However, the condition was not observed – where it is improbable that Mayor Miranda could finally determine their performance for only the 1st 3 months of probationary period. II. Due Process Omnibus Guidelines on Appointments and Other Personnel Actions (CSC Memo Circular) provides that an official or employee may be dropped from rolls based on poor performance in a rating after due notice – that he be informed in writing of the status of his performance not later than the 4th month of that period with sufficient warning that failure to improve his performance within the remaining period of semester shall warrant separation from service… with sufficient information to enable employee to prepare an explanation. CAB: Respondents were denied due process. 1. They vehemently asserted that they were never notified in writing regarding the status of their performance, nor warned that they will be dismissed for failure to improve which Joel did not refute. 2. Records show that they received only the termination order.

Miranda vs. Carreon (2003) Facts:

CA VE AT:

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Local Legislation - LGC Sec48: Local Legislative Power. — Local legislative power shall be exercised by the sangguniang panlalawigan for the province; the sangguniang panlungsod for the city; the sangguniang bayan for the municipality; and the sangguniang barangay for the barangay. cdtai Sec49: Presiding Officer. — (a) The vice-governor shall be the presiding officer of the sangguniang panlalawigan; the city vice-mayor, of the sangguniang panlungsod; the municipal vice-mayor, of the sangguniang bayan; and the punong barangay, of the sangguniang barangay. The presiding officer shall vote only to break a tie. (b) In the event of the inability of the regular presiding officer to preside at a sanggunian session, the members present and constituting a quorum shall elect from among themselves a temporary presiding officer. He shall certify within ten (10) days from the passage of ordinances enacted and resolutions adopted by the sanggunian in the session over which he temporarily presided. Sec50: Internal Rules of Procedure. — (a) On the first regular session following the election of its members and within ninety (90) days thereafter, the sanggunian concerned shall adopt or update its existing rules of procedure. (b) The rules of procedure shall provided for the following: (1) The organization of the sanggunian and the election of its officers as well as the creation of standing committees which shall include, but shall not be limited to, the committees on appropriations, women and family, human rights, youth and sports development, environmental protection, and cooperatives; the general jurisdiction of each committee; and the election of the chairman and members of each committee; (2) The order and calendar of business for each session; (3) The legislative process; (4) The parliamentary procedures which include the conduct of members during sessions; (5) The discipline of members for disorderly behavior and absences without justifiable cause for four (4) consecutive sessions, for which they may be censured, reprimanded, or excluded from the session, suspended for not more than sixty (60) days, or expelled: Provided, That the penalty of suspension or expulsion shall require the concurrence of at least two-thirds (2/3) vote of all the sanggunian members: Provided, further, That a member convicted by final judgment to imprisonment of at least one (1) year for any crime involving moral turpitude shall be automatically expelled from the sanggunian; and (6) Such other rules as the sanggunian may adopt. Sec51: Full Disclosure of Financial and Business Interests of Sanggunian Members. — (a) Every sanggunian member shall, upon assumption to office, make a full disclosure of his business and financial interests, or

CA VE AT:

- 151 professional relationship or any relation by affinity or consanguinity within the fourth civil degree, which he may have with any person, firm, or entity affected by any ordinance or resolution under consideration by the sanggunian of which he is a member, which relationship may result in conflict of interest. Such relationship shall include: (1) Ownership of stock or capital, or investment, in the entity or firm to which the ordinance or resolution may apply; and (2) Contracts or agreements with any person or entity which the ordinance or resolution under consideration may affect. In the absence of a specific constitutional or statutory provision applicable to this situation, "conflict of interest" refers in general to one where it may be reasonably deduced that a member of a sanggunian may not act in the public interest due to some private, pecuniary, or other personal considerations that may tend to affect his judgment to the prejudice of the service or the public. (b) The disclosure required under this Act shall be made in writing and submitted to the secretary of the sanggunian or the secretary of the committee of which he is a member. The disclosure shall, in all cases, form part of the record of the proceedings and shall be made in the following manner: (1) Disclosure shall be made before the member participates in the deliberations on the ordinance or resolution under consideration: Provided, That, if the member did not participate during the deliberations, the disclosure shall be made before voting on the ordinance or resolution on second and third readings; and (2) Disclosure shall be made when a member takes a position or makes a privilege speech on a matter that may affect the business interest, financial connection, or professional relationship described herein.

Sec52: Sessions. — (a) On the first day of the session immediately following the election of its members, the sanggunian shall, by resolution, fix the day, time, and place of its regular sessions. The minimum numbers of regular sessions shall be once a week for the sangguniang panlalawigan, sangguniang panlungsod, and sangguniang bayan, and twice a month for the sangguniang barangay. (b) When public interest so demands, special sessions may be called by the local chief executive or by a majority of the members of the sanggunian. (c) All sanggunian sessions shall be open to the public unless a closed-door session is ordered by an affirmative vote of a majority of the members present, there being a quorum, in the public interest or for reasons of security, decency, or morality. No two (2) sessions, regular or special, may be held in a single day. (d) In the case of special sessions of the sanggunian, a written notice to the members shall be served personally at the member's usual place of residence at least twenty-four (24) hours before the special session is held. Unless otherwise concurred in by two-thirds (2/3) vote of the sanggunian members present, there being a quorum, no other

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER matters may be considered at a special session except those stated in the notice. (e) Each sanggunian shall keep a journal and record of its proceedings which may be published upon resolution of the sanggunian concerned.

Sec53: Quorum. — (a) A majority of all the members of the sanggunian who have been elected and qualified shall constitute a quorum to transact official business. Should a question of quorum be raised during a session, the presiding officer shall immediately proceed to call the roll of the members and thereafter announce the results. (b) Where there is no quorum, the presiding officer may declare a recess until such time as a quorum is constituted, or a majority of the members present may adjourn from day to day and may compel the immediate attendance of any member absent without justifiable cause by designating a member of the sanggunian to be assisted by a member or members of the police force assigned in the territorial jurisdiction of the local government unit concerned, to arrest the absent member and present him at the session. (c) If there is still no quorum despite the enforcement of the immediately preceding subsection, no business shall be transacted. The presiding officer, upon proper motion duly approved by the members present, shall then declare the session adjourned for lack of quorum. Sec54: Approval of Ordinances. — (a) Every ordinance enacted by the sangguniang panlalawigan, sangguniang panlungsod, or sangguniang bayan shall be presented to the provincial governor or city or municipal mayor, as the case may be. If the local chief executive concerned approves the same, he shall affix his signature on each and every page thereof; otherwise, he shall veto it and return the same with his objections to the sanggunian, which may proceed to reconsider the same. The sanggunian concerned may override the veto of the local chief executive by two-thirds (2/3) vote of all its members, thereby making the ordinance or resolution effective for all legal intents and purposes. (b) The veto shall be communicated by the local chief executive concerned to the sanggunian within fifteen (15) days in the case of a province, and ten (10) days in the case of a city or a municipality; otherwise, the ordinance shall be deemed approved as if he had signed it. (c) Ordinances enacted by the sangguniang barangay shall, upon approval by the majority of all its members, be signed by the punong barangay. Sec55: Veto Power of the Local Chief Executive. — (a) The local chief executive may veto any ordinance of the sanggunian panlalawigan, sangguniang panlungsod, or sanggunian bayan on the ground that it is ultra vires or prejudicial to the public welfare, stating his reasons therefor in writing. (b) The local chief executive, except the punong barangay, shall have the power to veto any particular item or

CA VE AT:

- 152 items of an appropriations ordinance, an ordinance or resolution adopting a local development plan and public investment program, or an ordinance directing the payment of money or creating liability. In such a case, the veto shall not affect the item or items which are not objected to. The vetoed item or items shall not take effect unless the sanggunian overrides the veto in the manner herein provided; otherwise, the item or items in the appropriations ordinance of the previous year corresponding to those vetoed, if any, shall be deemed reenacted. (c) The local chief executive may veto an ordinance or resolution only once. The sanggunian may override the veto of the local chief executive concerned by two-thirds (2/3) vote of all its members, thereby making the ordinance effective even without the approval of the local chief executive concerned.

Sec56: Review of Component City and Municipal Ordinances or Resolutions by the Sangguniang Panlalawigan. — (a) Within three (3) days after approval, the secretary to the sanggunian panlungsod or sangguniang bayan shall forward to the sangguniang panlalawigan for review, copies of approved ordinances and the resolutions approving the local development plans and public investment programs formulated by the local development councils. (b) Within thirty (30) days after the receipt of copies of such ordinances and resolutions, the sangguniang panlalawigan shall examine the documents or transmit them to the provincial attorney, or if there be none, to the provincial prosecutor for prompt examination. The provincial attorney or provincial prosecutor shall, within a period of ten (10) days from receipt of the documents, inform the sangguniang panlalawigan in writing of his comments or recommendations, which may be considered by the sangguniang panlalawigan in making its decision. (c) If the sangguniang panlalawigan finds that such an ordinance or resolution is beyond the power conferred upon the sangguniang panlungsod or sangguniang bayan concerned, it shall declare such ordinance or resolution invalid in whole or in part. The sangguniang panlalawigan shall enter its action in the minutes and shall advise the corresponding city or municipal authorities of the action it has taken. (d) If no action has been taken by the sangguniang panlalawigan within thirty (30) days after submission of such an ordinance or resolution, the same shall be presumed consistent with law and therefore valid. Sec57: Review of Barangay Ordinances by the Sangguniang Panlungsod or Sangguniang Bayan. — (a) Within ten (10) days after its enactment, the sangguniang barangay shall furnish copies of all barangay ordinances to the sangguniang panlungsod or sangguniang bayan concerned for review as to whether the ordinance is consistent with law and city or municipal ordinances. (b) If the sangguniang panlungsod or sangguniang bayan, as the case may be, fails to take action on barangay ordinances within thirty (30) days from receipt thereof, the same shall be deemed approved. (c) If the sangguniang panlungsod or sangguniang bayan, as the case may be, finds the barangay ordinances inconsistent with law or city or municipal ordinances, the

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER sanggunian concerned shall, within thirty (30) days from receipt thereof, return the same with its comments and recommendations to the sangguniang barangay concerned for adjustment, amendment, or modification; in which case, the effectivity of the barangay ordinance is suspended until such time as the revision called for is effected. Sec58: Enforcement of Disapproved Ordinances or Resolutions. — Any attempt to enforce any ordinance or any resolution approving the local development plan and public investment program, after the disapproval thereof, shall be sufficient ground for the suspension or dismissal of the official or employee concerned.

Sec59: Effectivity of Ordinances or Resolutions. — (a) Unless otherwise stated in the ordinance or the resolution approving the local development plan and public investment program, the same shall take effect after ten (10) days from the date a copy thereof is posted in a bulletin board at the entrance of the provincial capitol or city, municipal, or barangay hall, as the case may be, and in at least two (2) other conspicuous places in the local government unit concerned. (b) The secretary to the sanggunian concerned shall cause the posting of an ordinance or resolution in the bulletin board at the entrance of the provincial capitol and the city, municipal, or barangay hall in at least two (2) conspicuous places in the local government unit concerned not later than five (5) days after approval thereof. The text of the ordinance or resolution shall be disseminated and posted in Filipino or English and in the language understood by the majority of the people in the local government unit concerned, and the secretary to the sanggunian shall record such fact in a book kept for the purpose, stating the dates of approval and posting. (c) The gist of all ordinances with penal sanctions shall be published in a newspaper of general circulation within the province where the local legislative body concerned belongs. In the absence of any newspaper of general circulation within the province, posting of such ordinances shall be made in all municipalities and cities of the province where the sanggunian of origin is situated. (d) In the case of highly urbanized and independent component cities, the main features of the ordinance or resolution duly enacted or adopted shall, in addition to being posted, be published once in a local newspaper of general circulation within the city: Provided, That in the absence thereof the ordinance or resolution shall be published in any newspaper of general circulation. Sec188: Publication of Tax Ordinances and Revenue Measures. — Within ten (10) days after their approval, certified true copies of all provincial, city, and municipal tax ordinances or revenue measures shall be published in full for three (3)

CA VE AT:

- 153 consecutive days in a newspaper of local circulation: Provided, however, That in provinces, cities and municipalities where there are no newspapers of local circulation, the same may be posted in at least two (2) conspicuous and publicly accessible places.

Sec511: Posting and Publication of Ordinances with Penal Sanctions. — (a) Ordinances with penal sanctions shall be posted at prominent places in the provincial capitol, city, municipal or barangay hall, as the case may be, for a minimum period of three (3) consecutive weeks. Such ordinances shall also be published in a newspaper of general circulation, where available, within the territorial jurisdiction of the local government unit concerned, except in the case of barangay ordinances. Unless otherwise provided therein, said ordinances shall take effect on the day following its publication, or at the end of the period of posting, whichever occurs later. (b) Any public officer or employee who violates an ordinance may be meted administrative disciplinary action, without prejudice to the filing of the appropriate civil or criminal action. (c) The secretary to the sanggunian concerned shall transmit official copies of such ordinances to the chief executive officer of the Office Gazette within seven (7) days following the approval of the said ordinance for publication purposes. The Official Gazette may publish ordinances with penal sanctions for archival and reference purposes.

Implementing Rules See Implementing Rules RULE XVII: Local Legislative Bodies and Local Legislation Article 92 - Article 114

Ortiz vs. Posadas (1931) Facts: • 13 out of 16, including president of the municipal council of Tabaco Albay, were present and voted for Ordinance No. 25 concerning cockpits in this manner: 7 in favor 6 voted against 3 absent. • One judge of first instance of the province held that it was valid, while another judge of first instance of the province held an ordinance enacted under similar circumstances invalid. Issue: WON Ordinance is valid Held: NO, invalid • Section 2224 of the Administrative Code is clear. It needs only application, not interpretation. The ayes and noes are taken upon (1) the passage of all ordinances, (2) all propositions to create any liability against the municipality, and (3) any other proposition, upon the request of any member. The same idea is carried into the succeeding sentence. For the passage of

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER (1) any ordinance or (2) any proposition creating indebtedness, the affirmative vote of a majority of all the members of the municipal council shall be necessary. Other measures prevail upon the majority vote of the members present. "Creating indebtedness" refers to "proposition" and not to "ordinance." The contention that only ordinances creating indebtedness require the approval of a majority of all the members of the municipal council, is devoid of merit. The basic idea of the legislative body to make impossible the approval of ordinances or of propositions creating indebtedness by minority votes of municipal councils, at meetings hastily called is wise. Legislative intention should be effectuated. Section 2224 of the Administrative Code, requiring in mandatory language the affirmative vote of a majority of all the members of the municipal council for the passage of any ordinance, whether or not an ordinance creating indebtedness, an ordinance passed by less than that majority is invalid.

•

•

Casino vs. CA (1991) Petitioner was a licensee of a cockpit under Sections 2285 to 2286 of the Revised Administrative Code. • Sangguniang Panlungsod (SP) of Gingoog City issued Resolution No. 49 in 1984 classifying certain areas of the city as residential zones, including the cockpit. The classification led to the cancellation of petitioner's license to operate the cockpit. • Resolution No. 378, in 1985 the area was reclassified as within the recreational zone, allegedly amending Resolution No. 49. 9 SP members participated 4 voting 4 voted against 1abstained. The vice-mayor, as presiding officer, broke the deadlock by voting for the amendment. • By virtue of said Resolution No. 378, the succeeding city mayor issued to petitioner the permit to operate a cockpit in 1986 which was renewed by another permit issued in 1987. Issue: WON the mayor's permits issued in 1986 and 1987 are null and void because Resolution 378 did not amend Section 6.44 of Resolution 49, the three-fourths (3/4) votes not having been obtained in passing said Resolution 378. Held: YES, void Although the charter of the City of Gingoog and the Local Government Code require only a majority for the enactment of an ordinance, Resolution No. 49 cannot be validly amended by the resolution in question without complying with the categorical requirement of a three-fourths vote incorporated in the very same ordinance sought to be amended. The pertinent provisions in the aforesaid city charter and the Local Government Code obviously are of general application and embrace a wider scope or subject

CA VE AT:

•

Rule: Where there is in the same statute a particular enactment and also a general one which in its most comprehensive sense would include what is embraced in the former, the particular enactment must be operative, and the general statement must be taken to affect only such cases within its language as are not within the provisions of the particular enactment.

!!!Dan Gat's Notes: Ortiz and Casino decisions are bad precedents. Sanggunian may no require a higher OR LOWER (1 vote!?) voting requirement? Malonzo vs. Zamora (1999)

•

•

- 154 matter. In the enactment of ordinances in general, the application of the aforementioned laws cannot be disputed. Undeniably, however, Section 6.44 of said ordinance regarding amendments thereto is a specific and particular provision for said ordinance and explicitly provides for a different number of votes.

Issue: WON Ord. 0254 was enacted in violation of Secs. 50 & 52 of the LGC PETITIONERS: Ordinance 0254 was passed in accordance with Sec. 50 &52 of the LGC12. Matter of adoption or updating the house rules was taken up and the council arrived at the decision to create an ad hoc committee to study the rules. Even if it failed to comply with said sections, it would only mean that the old rules will continue to be in force RESPONDENTS: Sanggunian violated Sec 50 & 52 LGC as it conducted 3 readings on Ordinance 0254 on the 1st day of its session without 1st organizing itself and adopting its rules of procedure Held: NO It cannot be inferred that the Code mandates that no other business may be transacted on the 1st regular session except to take up the matter of adopting or updating rules. There is nothing in the language of the provision which restricts the matters to be taken up during the 1st regular session. Adoption or updating of house rules would necessarily entail work beyond the day of the 1st regular session but this cannot mean that the local council could not act till then. There was sufficient compliance with the Code when the Sanggunian adopted a set of house rules with the request to create an ad hoc committee to study the existing house rules. KAPUNAN dissenting

12

which requires that on the 1st regular session following the election of its members and within 90 days thereafter, the Sanggunian shall adopt or update its existing rules of procedure.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER De Los Reyes vs. Sandiganbayan (1997)

•

Facts: • Mayor De los Reyes and 2 SB members were charged with falsification of a public document, Resolution 57-S-92. • Resolution alleged to be anomalous for it was not approved by the SB. The minutes of their proceedings made no reference to its supposed approval. • Petitioner De Los Reyes: deliberations and passage of resolution are legislative in nature. As the local chief exec. he has neither the official custody of nor the duty to prepare the resolution. He therefore could not have taken advantage of his official position in committing the crime. Issue: WON the final step in the approval of an ordinance or resolution, where the local chief exec affixes his signature, is purely ministerial. Held: NO The grant of the veto power confers authority beyond the simple mechanical act of signing an O/R as a requisite to its enforceability. Such power accords the local chief exec the discretion to sustain the O/R at the 1st instance or to return it to the sanggunian with his objections. Hagonoy Market Vendor Assn. vs. Municipality of Hagonoy, Bulacan (2002) Facts: • 1 Oct. 1996: The Sangguniang Bayan (SB) of Hagonoy, Bulacan, enacted an ordinance, Kautusan Blg. 28, which increased the stall rentals of the market vendors in Hagonoy. It also provided that it shall take effect upon approval. Ordiance was also duly posted. • In the last week of Nov., 1997, the petitioner’s members were given copies of the approved ordinance and were informed that it will be enforced in Jan., 1998. • Dec. 8, 1997: The association filed an appeal with the Sec. of Justice, assailing the constitutionality of the ordinance • The DOJ Sec. dismissed the appeal on the ground that it was filed out of time, i.e. beyond 30 days from the effectivity of the ordinance on 1 Oct. 1996 as prescribed under the LGC. • Appeal to CA, CA dismissed. Issue: WON the petition should be dismissed Held: YES • The appeal of the petitioner with the Sec. of Justice is already time-barred. • Sec. 187 (Procedure for Approval and Effectivity of Tax Ordinances and Revenue Measures; Mandatory Public Hearings) of the LGC requires that an appeal of a tax ordinance or revenue measure should be made to the Sec. of Justice within 30 days from effectivity of the ordinance and even during its pendency, the effectivity of the assailed ordinance shall not be suspended. • In the CAB, Municipal Ordinance No. 28 took effect in Oct. 1996. Petitioner filed its appeal only in Dec. 1987, more than

CA VE AT:

- 155 a year after the effectivity of the ordiance in 1996. Clearly, the Sec. of Justice correctly dismissed it for being time-barred. The timeframe fixed by law for parties to avail of their legal remedies before competent courts is not a “mere technicality” that can be easily brushed aside. The periods stated in Sec. 187 of the LGC are mandatory.

!!! Dan Gat's Notes: Section 187 LGC is indeed mandatory. But if you want to question the CONSTITUTIONALITY of the tax ordinance, you can bypass appeal to the Secretary and Section 187 and go directly to the courts.

Marahomsalic vs. Lim (2000) Facts: • Then Mayor Alfredo Lim launched a campaign against socalled “known” and “confirmed” drug pushers in Manila in an effort to curb the drug problem in Manila. • He ordered the Western Police District Command authorities to spray-paint the houses of “confirmed” drug pushers in the city with written words and remarks Issue: WON Manila City Ordinance No. 7926 is unconstitutional Held:YES • According to the Art. 7 of the Civil Code, acts, orders and regulations of administrative or executive agencies must be in harmony with the valid existing laws and primarily with the Constitution. • Test of a valid ordinance: o It must not contravene the Constitution or any statute; o It must not be unfair or oppressive; o It must not be partial or discriminatory; o It must not prohibit but may regulate trade; o It must be general and consistent with public policy; and o It must not be unreasonable.

Moday vs. CA (1995) Facts: • 1989: SB of the Municipality of Bunawan passed resolution 43-89: authorized the mayor to initiate the petition for expropriation of a 1 hectare land along the national highway owned by Percival Moday for the site of Bunawan Farmers Center and Other Government Sports Facilities • Said resolution was approved by Mayor Bustillo but subsequently disapproved by the Sangguniang Panlalawigan:

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER •

expropriation is unnecessary considering that there are still available lots in Bunawan for the establishment o the government center The Municipality then filed a petition for eminent domain and its motion to take or enter upon the possession of subject matter was subsequently granted by the RTC.

Issue: WON a municipality may expropriate private property by virtue of a municipal resolution which was disapproved by the Sangguniang Panlalawigan Held: YES 1. The Municpality of Bunawan’s power to exercise the right of eminent domain is expressly provided for in BP 337 (LGC) in force at the time expropriation proceedings were initiated: Sec. 9. Eminent Domain- A local government unit may, through its head and acting pursuant to a resolution of its sanggunian, exercise the right of eminent domain and institute condemnation proceedings for public use or purpose. 2. Section 153 of BP 337 grants the SP the power to declare a municipal resolution invalid on the sole ground that: it is beyond the power of the SB or Mayor to issue Velazco vs.Blas: If a provincial board passes these limits, it usurps the legislative functions of the municipal council or president THUS, the SP was: without authority to disapprove the resolution for the Municipality of Buanwan clearly has the power to exercise the right of eminent domain and its SB the capacity to promulgate said resolution 3. Resolution 43-89 is valid and binding and could be used as lawful authority to petition for the condemnation of petitioners’ property

Voodoo Fire in Haiti (Part 3):

Hunting the Elusive G-Spot (Part2) The G-Spot is embryonically analogous to the male prostate. In plain English, certain embryonic cells develop one way if the child is female and another way if the baby turns out to be male. In boys, the prostate gland is responsible for the production of fluid that makes up semen. In girls, the area that would have been the prostate becomes the G-Spot. The reason that some medical authorities have said that it doesn't exist is because the G-Spot engorges only with stimulation, making it very hard to locate in autopsy studies, the primary source for new anatomical research. The G Spot cannot possibly live up to all the hype it has received; it is simply one more pleasant place to stimulate in some women. While all women have a G-Spot, not all women notice anything different when it is stimulated--and some women actually dislike the sensation. So don't be discouraged if you can't find your own G-Spot, or that of a partner. And don't be alarmed if you don't like the sensation. Remember, every body is different! (continued…)

Ju dicia l I nte rv ent ion

A violent fit of trembling shook the woman. It was as if a demon lover had taken possession of her and were exploring her limbs to their very extremities. Someone handed her a black cock which she raised high above her head. The scene was diabolical. There stood the naked negress, her sweat-streaked body glistening in the ruddy firelight, and at arm’s length she held a terrified black cock, the very symbol of Satan, squawking and flapping its wings, while the feathers flew in all directions. An awful sickness gripped me. I felt as if I were looking into the very depths of evil. The thunder of the drums grew to an avalanche of deafening reverberations. Slowly the body of the Mamaloi relaxed from its rigid posture. She began to turn; faster—faster—faster. Like a madman she spun round on her toes. She swung the cock now only by its

CA VE AT:

- 156 -

legs and as it flew through the air in dizzy circles it spread its wings wide in the last convulsions of death. As though carried through the air by the beating pinions the negress whirled forwards in frantic ecstasy. The drums rose to their shattering finale, the woman stopped motionless, and then – a miracle – the dying cock twisted its neck convulsively and crowed – crowed loud and raucous into the surrounding night. It was the final touch of horror. (265-271)

Rule 63, Section 4, 1997 Rules of Civil Procedure SECTION 4. Local government ordinances. — In any action involving the validity of a local ordinance, the corresponding prosecutor or attorney of the local governmental unit involved shall be similarly notified and entitled to be heard. If such ordinance is alleged to be unconstitutional, the Solicitor General shall be notified and entitled to be heard. (4a, R64)

Perez vs. Dela Cruz (1969) Facts: Vice Mayor Perez (Naga City), who was presiding a private conference with 7 city councilors in the matter of selecting the

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER secretary of the municipal board and the chairman of various standing committees of the board, expressed her intention to vote on these matters – to create a tie vote and thereafter to exercise her power as presiding officer to break the deadlock. Four concilors sought to prevent the Vice Mayor by filing with CFI of Camarines Sur. Held: 1. The Vice Mayor of Naga City as presiding officer of the Municipal Board cannot be a member of the same board: In the absence of any statutory authority constituting the vicemayor as a member of the municipal board, in addition to being the presiding officer thereof, it cannot be read into the law something that is not there. Differences in law beget differences in legal effects. The mere fact that the vice-mayor was made the “presiding officer” of the board did not ipso jure make him a member thereof; and even if he “is an integral part of the Municipal board” such fact does not necessarily confer on him” either the status of a regular member of its municipal board or the powers and attributes of a municipal councilor. CAB: There is nothing in the Charter of Naga City which provides that the vice-mayor of said city is a member of the municipal board. He was not even designated as “Acting Mayor” in case of temporary incapacity of the Mayor. 2.

Vice-Mayor is allowed to vote only in case of a tie. He is not allowed to vote twice (to create a tie and break the deadlock). CAB: Since there are 7 councilors, a tie is not possible. Vice Mayor’s vote in case of a tie is no longer necessary.

3.

Courts with jurisdiction over the case to prohibit Vice Mayor from exercising to vote twice Doctrine in Vera vs. Avelino that prohibition refers only to proceedings of any tribunal, corporation, board or person not exercising legislative functions is based on the principle of separation of powers and checks and balances which is not applicable to local governments. The case is irrelevant to the issue in CAB in addition to the actuality that executives at the local or municipal level are vested with both legislative and sometimes judicial functions, in addition to their purely executive duties. By explicit statutory command, courts are given authority to determine the validity of municipal proceedings. And in CAB, the petitioner, in insisting to exercise the right to vote twice in the municipal board, acted without jurisdiction and power to do so, and may be validly prevented and restrained by a writ of prohibition. In reply to petitioner’s assertion that the acts sought to be restrained are mere “probable individual actuations” beyond the reach of a prohibitory writ, suffice it to state that prohibition is essentially a preventive remedy and is not intended to provide for remedy for acts already accomplished. Petitioner’s threat of voting twice was not an empty or meaningless gesture for record shows that she voted twice for the approval of the alleged amendment to the rules of procedure.

CA VE AT:

- 157 -

Homeowner’s Association of the Phils., Inc. vs. Municipal Board of City of Manila (1968) Facts: Homeowner’s Association brought action for declaratory relief to nullify Manila Municipal Ordinance4841 declaring that a state of emergency existed in the matter of housing accommodations in Manila, in view of prevailing scarcity of land and buildings for residential purposes there. Sec1 and 2 declared that lessors and sublessor of land and buildings primarily devoted to residential purposes cannot increase their rentals beyond certain conditions. Held:

1.

Assuming that the City had such powers and assuming the existence of the emergency, ordinance is illegal and unconstitutional (Note: Court did not decide if the city has power to declare a state of emergency and if such emergency existed) The police power of municipal corporations is subject to constitutional limitations. Individual rights may be adversely affected by the exercise of police power only to the extent that may be fairly required by the legitimate demands of public interest or public welfare. When the demands of public interest are brought about by a state of emergency, the interference upon individual rights must be coterminus with the existence of the state of emergency. The statute passed to meet a given emergency, should limit the period of its effectivity. Otherwise, that which was intended to meet a temporary emergency may become a permanent law  When the cause for the grant of power was temporary, so should the grant be, for the effect cannot remain in existence upon the removal of its cause. 2.

Lower court proceedings are NOT INVALID on the ground that the Solicitor General had not been heard on the issue of the constitutionality of the ordinance. The issue was not raised in the CFI. In any event, this requirement is merely directory and does not affect the jurisdiction of the trial court nor the validity of the proceedings therein.

Dis cip lina ry A ct ions RA 9165 (2002) – Comprehensive Dangerous Drugs Act Of 2002 Sec27. Criminal Liability of a Public Officer or Employee for Misappropriation, Misapplication or Failure to Account for the Confiscated, Seized and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/ Paraphernalia and/or Laboratory Equipment Including the Proceeds or Properties Obtained from the Unlawful Act Committed. — The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00), in addition to absolute

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER perpetual disqualification from any public office, shall be imposed upon any public officer or employee who misappropriates, misapplies or fails to account for confiscated, seized or surrendered dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, instruments/paraphernalia and/or laboratory equipment including the proceeds or properties obtained from the unlawful acts as provided for in this Act. Any elective local or national official found to have benefited from the proceeds of the trafficking of dangerous drugs as prescribed in this Act, or have received any financial or material contributions or donations from natural or juridical persons found guilty of trafficking dangerous drugs as prescribed in this Act, shall be removed from office and perpetually disqualified from holding any elective or appointive positions in the government, its divisions, subdivisions, and intermediaries, including government-owned or -controlled corporations. Sec28. Criminal Liability of Government Officials and Employees. — The maximum penalties of the unlawful acts provided for in this Act shall be imposed, in addition to absolute perpetual disqualification from any public office, if those found guilty of such unlawful acts are government officials and employees.

Local Government Code Sec58. Enforcement of Disapproved Ordinances or Resolutions. — Any attempt to enforce any ordinance or any resolution approving the local development plan and public investment program, after the disapproval thereof, shall be sufficient ground for the suspension or dismissal of the official or employee concerned. Sec60. Grounds for Disciplinary Actions. — An elective local official may be disciplined, suspended, or removed 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, or dereliction of duty; (d) Commission of any offense involving moral turpitude or an offense punishable by at least prision mayor; (e) Abuse of authority; (f) Unauthorized absence for fifteen (15) consecutive working days, except in the case of members of the sangguniang panlalawigan, sangguniang panlungsod, sangguniang bayan, and sangguniang barangay; (g) Application for, or acquisition of, foreign citizenship or residence or the status of an immigrant of another country; and (h) Such other grounds as may be provided in this Code and other laws. An elective local official may be removed from office on the grounds enumerated above by order of the proper court.

CA VE AT:

- 158 Sec61. Form and Filing of Administrative Complaints. — A verified complaint against any erring local elective official shall be prepared as follows: (a) A complaint against any elective official of a province, a highly urbanized city, an independent component city or component city shall be filed before the Office of the President; (b) A complaint against any elective official of a municipality shall be filed before the sangguniang panlalawigan whose decision may be appealed to the Office of the President; and (c) A complaint against any elective barangay official shall be filed before the sangguniang panlungsod or sangguniang bayan concerned whose decision shall be final and executory. Sec62. Notice of hearing. — (a) Within seven (7) days after the administrative complaint is filed, the Office of the President or the sanggunian concerned, as the case may be, shall require the respondent to submit his verified answer within fifteen (15) days from receipt thereof, and commence the investigation of the case within ten (10) days after receipt of such answer of the respondent. (b) When the respondent is an elective official of a province or highly urbanized city, such hearing and investigation shall be conducted in the place where he renders or holds office. For all other local elective officials, the venue shall be the place where the sanggunian concerned is located. (c) However, no investigation shall be held within ninety (90) days immediately prior to any local election, and no preventive suspension shall be imposed within the said period. If preventive suspension has been imposed prior to the 90-day period immediately preceding local election, it shall be deemed automatically lifted upon the start of aforesaid period. Sec63. Preventive Suspension. — (a) Preventive suspension may be imposed: (1) By the President, if the respondent is an elective official of a province, a highly urbanized or an independent component city; (2) By the governor, if the respondent is an elective official of a component city or municipality; or (3) By the mayor, if the respondent is an elective official of the barangay. (b) Preventive suspension may be imposed at any time after the issues are joined, when the evidence of guilt is strong, and given the gravity of the offense, there is great probability that the continuance in office of the respondent could influence the witnesses or pose a threat to the safety and integrity of the records and other evidence: Provided, That, any single preventive suspension of local elective officials shall not extend beyond sixty (60) days: Provided, further, That in the event that several administrative cases are filed against an elective official, he cannot be preventively suspended for more than ninety (90) days within a single year on the same ground or grounds existing and known at the time of the first suspension. (c) Upon expiration of the preventive suspension, the suspended elective official shall be deemed reinstated in office without prejudice to the continuation of the proceedings against

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER him, which shall be terminated within one hundred twenty (120) days from the time he was formally notified of the case against him. However, if the delay in the proceedings of the case is due to his fault, neglect, or request, other than the appeal duly filed, the duration of such delay shall not be counted in computing the time of termination of the case. (d) Any abuse of the exercise of the power of preventive suspension shall be penalized as abuse of authority. Sec64. Salary of Respondent Pending Suspension. — The respondent official preventively suspended from office shall receive no salary or compensation during such suspension; but upon subsequent exoneration and reinstatement, he shall be paid full salary or compensation including such emoluments accruing during such suspension. Sec65. Rights of Respondent. — The respondent shall be accorded full opportunity to appear and defend himself in person or by counsel, to confront and cross-examine the witnesses against him, and to require the attendance of witnesses and the production of documentary process of subpoena or subpoena duces tecum. Sec66. Form and Notice of Decision. — (a) The investigation of the case shall be terminated within ninety (90) days from the start thereof. Within thirty (30) days after the end of the investigation, the Office of the President or the sanggunian concerned shall render a decision in writing stating clearly and distinctly the facts and the reasons for such decision. Copies of said decision shall immediately be furnished the respondent and all interested parties. (b) The penalty of suspension shall not exceed the unexpired term of the respondent or a period of six (6) months for every administrative offense, nor shall said penalty be a bar to the candidacy of the respondent so suspended as long as he meets the qualifications required for the office. (c) The penalty of removal from office as a result of an administrative investigation shall be considered a bar to the candidacy of the respondent for any elective position. Sec67. Administrative Appeals. — Decisions in administrative cases may, within thirty (30) days from receipt thereof, be appealed to the following: (a) The sangguniang panlalawigan, in the case of decisions of the sangguniang panlungsod of component cities and the sangguniang bayan; and (b) The Office of the President, in the case of decisions of the sangguniang panlalawigan and the sangguniang panlungsod of highly urbanized cities and independent component cities. Decisions of the Office of the President shall be final and executory. Sec68. Execution Pending Appeal. — An appeal shall not prevent a decision from becoming final or executory. The respondent shall be considered as having been placed under preventive suspension during the pendency of an appeal in the event he wins such appeal. In the event the appeal results in an

CA VE AT:

- 159 exoneration, he shall be paid his salary and such other emoluments during the pendency of the appeal.

Rules and Procedures on the Investigation of Administrative Disciplinary Cases Against Elective Local Officials (AO23 as amended by AO159, and AO66) Pursuant to Sec60-66 of 1991 LGC, in relation to Rule XIX, Art124-130 of the IRR RULE 1: PRELIMINARY PROVISIONS Sec1. Coverage. — These rules and procedures shall apply to administrative disciplinary cases filed against: (a) the governors, and members of the sangguniang panlalawigan; (b) the mayors, vice mayors, and members of the sangguniang panlungsod of highly urbanized cities, independent component cities, and component cities; and (c) the mayors, vice mayors, and members of the sangguniang panlungsod or bayan of cities or municipalities in Metropolitan Manila. Sec2. Disciplinary Authority. — The President, who may act through the Executive Secretary, shall be the Disciplining Authority for all administrative complaints against elective local officials covered therein. (As amended by AO66) Sec3. Investigating Authority. — The Secretary of the Interior and Local Government is hereby designated as the Investigating Authority. As such, he is authorized to investigate complaints filed against elective officials covered herein and act appropriately thereon as hereinafter provided. He may, thereafter, constitute an Investigating Committee in the Department of Interior and Local Government for the conduct of investigation. The preceding paragraph notwithstanding, the Disciplining Authority may, in the interest of the service, constitute a Special Investigating Committee in lieu of the Secretary of the Interior and Local Government. Nothing herein provided, however, shall prevent the President from assuming jurisdiction at any stage of the proceedings over cases to be preliminarily investigated by the Department of Interior and Local Government. In such event, the same shall immediately be forwarded to the Special Investigating Committee after it may have been constituted by the Disciplining Authority. (As amended by AO66) RULE 2: GROUNDS FOR ADMINISTRATIVE DISCIPLINARY ACTION Sec1. Grounds. — An elective local official may be disciplined, suspended, or removed 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, or dereliction of duty; d) Commission of any offense involving moral turpitude or any offense punishable by at least prision mayor, which is from six (6) years and one (1) day to twelve (12) years imprisonment; e) Abuse of authority;

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER f) Unauthorized absence for fifteen (15) consecutive working days in case of local chief executives and four (4) consecutive sessions in the case of members of the sangguniang; g) Application for, or acquisition of, foreign citizenship or residence of the status of an immigrant of another country; and h) Such other grounds as may be provided by the Local Government Code of 1991; Republic Act No. 6713; Republic Act No. 3019; Administrative Code of 1987; Revised Penal Code; and all other applicable general and special laws. RULE 3: COMPLAINT Sec1. How initiated. — An administrative case may be initiated by any private individual or any government officer or employee by filing a sworn written complaint against any elective local official enumerated under Sec. 1, Rule I hereof. It may also be initiated motu proprio by the Office of the President or any government agency duly authorized by law to ensure that local government units (LGUs) act within their prescribed powers and functions. Sec2. Form of complaint. — The complaint, accompanied by affidavits of witness or evidences in support of the charge, shall be addressed to the President. It shall be drawn in clear, simple, and concise language and in methodical manner as to apprise the respondent of the nature of the charge against him and to enable him to prepare his defense. The party filing the complaint shall be called the complainant, while the official against whom the complaint is filed shall be called the respondent. Sec3. Where filed. — The complaint shall be filed with the Records Office, Office of the President, Malacañang, Manila. However, for cases against elective officials of LGUs concerned outside Metropolitan Manila, the complaint may be filed through the concerned Regional Director of the DILG, who shall transmit the same to the Secretary of the Interior and Local Government, within forty-eight (48) hours from receipt thereof. In this regard, the Regional Director concerned shall authenticate all the pertinent documents presented to him. Upon receipt of the said documents, the Secretary of the Interior and Local Government shall transmit the same to the Office of the President, within forty-eight (48) hours from receipt of the same. A copy of the complaint shall be furnished to each of the following: a) the Office of the Governor in the case of component cities; b) the Metropolitan Manila Authority in the case of cities and municipalities in Metropolitan Manila; and c) the DILG in all cases. Sec4. Filing fee. — (repealed by AO66) RULE 4: ANSWER Sec1. Notice. — Within seven (7) days after the complaint is filed, the Investigating Authority or the Disciplining Authority as the case may be shall issue an order requiring the respondent to submit his verified answer within fifteen (15) days from receipt thereof. (As amended by AO66)

CA VE AT:

- 160 Sec2. Form of answer. — The answer, accompanied by affidavits of witnesses or evidences in support of the defense, shall be addressed to the President and shall be drawn in clear, simple, and concise language and in methodical manner as to traverse the charge. Sec3. Where filed. — The answer shall be submitted to the Secretary of the Interior and Local Government or the Office of the President as the case may be. However, for cases against elective officials of LGUs concerned outside Metropolitan Manila, the answer may be submitted through the concerned Regional Director of the DILG, who shall transmit the same to the Secretary of the Interior and Local Government, within fortyeight (48) hours from receipt thereof. In this regard, the Regional Director concerned shall authenticate all the pertinent documents presented to him. A copy of the answer shall be furnished to each of the following: a) The complainant; b) The Office of the Governor in the case of component cities; and c) The Metropolitan Manila Development Authority in the case of cities and municipalities in Metro Manila. (As amended by AO66) Sec4. Failure to answer. — Unreasonable failure of respondent to file his verified answer within fifteen (15) days from receipt of the complaint against him shall be considered as waiver of his right to present evidence in his behalf. RULE 5: PRELIMINARY INVESTIGATION Sec1. Commencement. — Within twenty (20) days from receipt of the answer, the Investigating Authority shall commence the investigation of the case. (As amended by AO66) Sec2. Failure to commence preliminary investigation. — Unreasonable failure to commence the preliminary investigation within the prescribed period by the person or persons assigned to investigate shall be a ground for administrative disciplinary action. Sec3. Evaluation. — After the filing of the answer, the Investigating Authority shall, within fifteen (15) days from receipt thereof, determine the existence of a probable cause. Should probable cause exists, the Investigating Authority shall set the case for preliminary conference and formal administrative proceedings shall thereafter be conducted. If warranted, the investigating Authority may recommend to the Disciplining Authority the imposition of a preventive suspension on the respondent/s. Sec4. Dismissal motu propio. — If the Investigating Authority determines that there is no prima facie case to warrant the institution of formal administrative proceedings, it shall, within the same period prescribed under the preceding Section, submit its recommendation to the Disciplining Authority for the motu proprio dismissal of the case, together with the recommended decision, resolution, and order.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Sec5. Preliminary conference. — If the Investigating Authority determines that there is prima facie case to warrant the institution of formal administrative proceedings, it shall, within the same period prescribed under the preceding section, summon the parties to a preliminary conference to consider the following: a) Whether the parties desire a formal investigation or are willing to submit the case for resolution on the basis of the evidence on record; and b) If the parties desire a formal investigation, to consider the simplification of issues, the possibility of obtaining stipulation or admission of facts and of documents, specifically affidavits and depositions, to avoid unnecessary proof, the limitation of number of witnesses, and such other matters as may aid the prompt disposition of the case. The Investigating Authority shall encourage the parties and their counsels to enter, at any stage of the proceedings, into amicable settlement, compromise and arbitration, the terms and conditions of which shall be subject to the approval of the Disciplining Authority. After the preliminary conference, the Investigating Authority shall issue and Order reciting the matters taken up thereon, including the facts stipulated and the evidences marked, if any. Such order shall limit the issues for hearing to those not disposed of by agreement or admission of the parties, and shall schedule the formal investigation within ten (10) days from its issuance, unless a later date is mutually agreed in writing by the parties concerned. Sec6. Venue of hearing. — When the respondent is an elective official of a province or highly urbanized city, the preliminary investigation as contemplated in this Rule shall be conducted in the place where he renders or holds office. For all other local elective officials, the venue shall be the place where the sanggunian concerned is located. Sec7. 90-day ban. — No preliminary investigation shall be conducted within ninety (90) days immediately prior to any local election. (As amended by AO159) RULE 6: PREVENTIVE SUSPENSION Sec1. Power to suspend. — Preventive suspension may be imposed by the Disciplining Authority in cases where the respondent is an elective official of the following LGUs: a) provinces; b) highly urbanized cities; c) independent component cities; and d) cities and municipalities in Metropolitan Manila. The governor shall, upon the direct order of the Disciplining Authority, preventively suspend an elective official of a component city, who is under formal administrative investigation by the Office of the President. Sec2. 90-day ban. — No preventive suspension shall be imposed within ninety (90) days immediately prior to any local election. If the preventive suspension has been imposed prior to the 90-day period immediately preceding a local election, it shall be deemed automatically lifted upon the start of aforesaid period.

CA VE AT:

- 161 -

Sec3. Grounds. — Preventive suspension may be imposed at any time after the issues are joined, that is, after respondent has answered the complaint, when the evidence of guilt is strong and, given the gravity of the offense, there is a great probability that the continuance in office of the respondent could influence the witnesses or pose a threat to the safety and integrity of the records and other evidence. Sec4. Duration. — Any single preventive suspension of local elective officials shall not extend beyond sixty (60) days; provided that, in the event that several administrative cases are filed against an elective official, he cannot be preventively suspended for more than ninety (90) days within a single year on the same ground or grounds existing and known at the time of the first suspension. Sec5. Automatic reinstatement. — Upon expiration of the preventive suspension, the suspended elective official shall be deemed reinstated in office without prejudice to the continuation of the proceedings against him, which shall be terminated within one hundred twenty (120) days from the time he was formally notified of the case against him. However, if the delay in the proceeding of the case is due to his fault, or request, other than the appeal duly filed, the duration of such delay shall not be counted in computing the time of termination of the case. Sec6. Salary of respondent pending suspension. — The respondent, who is preventively suspended from office, shall receive no salary or compensation during such suspension; but, upon subsequent exoneration and reinstatement, he shall be paid his full salary or compensation, including such emoluments accruing during such suspension. RULE 7: FORMAL INVESTIGATION Sec1. Procedural due process. — The respondent shall be accorded full opportunity to appear and defend himself in person or by counsel, to confront and cross-examine the witnesses against him, and to require the attendance of witnesses and the production of documents through the compulsory process of subpoena or subpoena duces tecum. Sec2. Who conducts the hearing. — The formal administrative investigation shall be conducted by the Investigating Authority. Sec3. Failure to commence formal investigation. — Unreasonable failure to commence the formal investigation within the prescribed period in the preliminary conference order by the person or persons assigned to investigate shall be aground for administrative disciplinary action. Sec4. Power to take testimony or receive evidence. — The Investigating Authority is hereby authorized to take testimony or receive evidence relevant to the administrative proceedings, which authority shall include the power to administer oaths, summon witnesses, and require the production of documents by subpoena duces tecum pursuant to Book 1, Chapter 9, Section 37 of the Administrative Code of 1987.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Anyone who, without lawful excuse, fails to appear upon summons issued under authority of the preceding paragraph or who, appearing before the Investigating Authority exercising the power therein defined, refuses to make oath, give testimony or produce documents for inspection, when lawfully required, shall be subject to discipline as in case of contempt of court and, upon application by the Investigating Authority, shall be dealt with by the judge of the proper regional trial court in the manner provided for under Book VII, Chapter 3, Section 13, in relation to Chapter 1, Section 2 (1), of the Administrative Code of 1987. Sec5. Notice of hearing. — The parties and their witnesses shall be notified by subpoena of the scheduled hearing at least five (5) days before the date thereof, stating the date, time and place of the hearing. Sec6. Venue of hearing. — When the respondent is an elective official of a province or highly urbanized city, the formal investigation as contemplated in this Rule shall be conducted in the place where he renders or holds office. For all other local elective officials, the venue shall be the place where the sanggunian concerned is located.

d)

- 162 -

Re-cross examination by the opponent.

Sec12. Termination of formal investigation. — The formal investigation of the case shall be terminated by the Investigating Authority within ninety (90) days from the start thereof. Unreasonable failure to complete the formal investigation after the said period by the person or persons assigned to investigate shall be a ground for disciplinary action. Sec13. Memoranda. — The Investigating Authority may allow the parties to submit their respective memoranda, together with their respective draft resolutions and orders for consideration of the Investigating Authority, within fifteen (15) days after the termination of the formal investigation. Sec. 14. 90-day ban. — No formal investigation shall be conducted within ninety (90) days immediately prior to any local election. (As added by AO159)

Sec8. Postponement. — Postponement of investigation shall be discouraged and shall be allowed only in meritorious cases, like illness of the parties or counsels and other similar case. No postponement for a period longer than seven (7) days shall be allowed, and in no case shall the total number of postponements for one party be more than twenty (20) days.

RULE 8: EVIDENCE Sec1. Rules of evidence. — In administrative disciplinary proceedings — a) The Investigating Authority may admit and give probative value to evidence commonly accepted by reasonably prudent men in the conduct of their affairs; b) Documentary evidence may be received in the form of copies or excepts, if the original is not readily available. Upon request, the parties shall be given opportunity to compare the copy with the original. If the original is in the official custody of a public officer, a certified copy thereof may be accepted; and c) The Investigating Authority may take notice of judicially cognizable facts and of generally technical or scientific facts within it specialized knowledge. The parties shall be notified and afforded an opportunity to contest the facts so noticed.

Sec9. Stenographic record of proceedings. — The testimony of each witness and the manifestation of the parties and counsels during an investigation shall be taken in shorthand or stenotype. A transcript of the proceedings made by the official stenographer or stenotypist and duly certified by him shall be prima facie a correct statement of such proceedings.

Sec2. Marking. — All documentary evidence or exhibits shall be properly marked by letter (A, B, C, etc.), if presented by the complainants, and by numbers (1, 2, 3, etc.), if presented by the respondent. They shall be attached to the records or, if voluminous, kept in a separate folder marked "Folder of Exhibits", which shall also be attached to the records.

Sec10. Order of hearing. — Unless otherwise directed by the Investigating Authority, the order of a hearing shall be as follows: a) The complaint shall produce the evidence on his part; b) The respondent shall then offer evidence in support of his defense; and c) The parties may then respectively offer rebutting evidence, unless the Investigating Authority, for good reasons and in the furtherance of justice, permits them to offer evidence upon their original case.

RULE 9: REPORT OF INVESTIGATING AUTHORITY AND TRANSMISSION OF RECORDS Sec1. Transmission of Records to Disciplining Authority. — The Investigating Authority shall forward to the Disciplining Authority its findings and recommendations, together with the following: a) the draft decision, resolution and order; b) the complete records with each page consecutively numbered and initialed by the custodian of the records; c) a summary of proceedings thereon from the filing of the complaint to the transmittal of the records in chronological order indicating the action taken on the incidents involved; and d) a list of all pleadings, motions, manifestations, annexes, exhibits, and other papers or documents filed by the

Sec7. Request for subpoena. — If a party desires the attendance of a witness or the production of documents, he should make formally request for the issuance of the necessary subpoena or subpoena duces tecum at least three (3) days before the scheduled hearing.

Sec11. Order of Examination. — The order in which a witness may be examined shall be as follows: a) Direct examination by the proponent; b) Cross examination by the opponent; c) Re-direct examination by the proponent; and

CA VE AT:

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER contending parties, as well as the corresponding orders or resolutions. Such documents shall be forwarded to the Disciplining Authority within twenty (20) days — a) from receipt of the last pleading and evidence, if any, in case the respondent does not elect a formal investigation; b) after the expiration of the period within which to submit the same; or after the termination of the formal investigation; or c) after the parties have submitted their respective Memoranda if so allowed. The transcript of the proceedings shall be paged consecutively and in chronological order, sewed on the left-hand side, and properly indexed, showing the page on which the testimony of each witness begins. Sec2. Records classification. — Records in administrative disciplinary cases are classified as confidential in nature and any information as to the charges, accusation, or facts adduced may not be released, and such records may not be available, except to the proper authorities and, upon request, to the parties-in-interest or their authorized representatives on the "need-to-know" basis pursuant to Memorandum Circular No. 78 dated August 14, 1964, as amended by Memorandum Circular No. 196 dated July 19, 1968, prescribing rules governing security of classified matter in government offices. RULE 10: DECISION Sec1. Rendition of decision. — Within thirty (30) days after receipt of the report of the Investigating Authority and the transmittal of records, the Disciplining Authority shall render a decision in writing stating clearly and distinctly the facts and reasons for such decision. Copies of said decision shall immediately be furnished the respondent and all interested parties. Sec2. Finality of decision. — The decision of the Disciplining Authority shall immediately be final and executory upon receipt of a copy thereof by the complainant or the respondent, as the case may be. (As amended by AO159) Sec3. Motion for reconsideration. — A motion for reconsideration shall not stay the execution of a decision. In the event that a decision is reconsidered as to result in an exoneration, the respondent shall be paid his salary and such other emoluments accruing during the period of his suspension of removal. (As amended by AO159) RULE 11: PENALTIES Sec1. Suspension or removal. — A respondent found guilty of any of the offenses enumerated in Rule 2 hereof may be meted the penalty of suspension or removal depending on the evidence presented and the aggravating or mitigating circumstances that may be considered by the Disciplining Authority. Sec2. Suspension. — The penalty of suspension shall not exceed the unexpired term of the respondent, or a period of six (6)

CA VE AT:

- 163 months for every administrative offense, nor shall said penalty be a bar to the candidacy of the respondent so suspended as long as he meets the qualifications required for the office. When the respondent has been meted two (2) or more penalties of suspension for two (2) or more administrative offenses, such penalties shall be served successively. (As amended by AO159)

Sec3. Removal. — An elective local official may be removed from office on the grounds enumerated in Rule 2 hereof by order of the proper court or the Disciplining Authority whichever first acquires jurisdiction to the exclusion of the other. The penalty or removal from office as a result of an administrative investigation shall be considered a bar to the candidacy of the respondent for any elective position. RULE 12: EXECUTIVE CLEMENCY Sec1. Removal of administrative penalties or disabilities. — In meritorious cases, the President may, after his decision has become final and executory, commute or remove administrative penalties and disabilities imposed upon elective local officials in administrative disciplinary cases, subject to such terms and conditions as he may imposed in the interest of the service. RULE 13: MISCELLANEOUS PROVISIONS Sec1. Effects and application of relevant laws. — xxx In all matters not provided in this Administrative Order, the Rules of Court and the 1987 Administrative Code shall apply in a suppletory character.

Espiritu vs. Melgar (1992) Facts: Three similar complaints were filed with the DILG, Office of the Provincial Governor, and Office of the President, accusing Mayor Melgar of physically assaulting and arresting him without any reason. Sangguniang Panlalawigan, after evaluation, passed a resolution recommending the Provincial Governor to preventively suspend him pending the administrative case so Mayor Melgar was suspended by Governor Espiritu. Melgar filed petition with RTC which enjoined the Governor from implementing the order of suspension. Held: RTC has no jurisdiction to enjoin the governor from preventively suspending the mayor. Clearly, under Sec63 of the (old) LGC, the provincial governor of Oriental Mindoro is authorized by law to preventively suspend the municipal mayor of Naujan at anytime after the issues had been joined and any of the following grounds were shown to exist: 1. When there is reasonable ground to believe that the respondent has committed the act or acts complained of; 2. When the evidence of culpability is strong; 3. When the gravity of the offense so warrants; or 4. When the continuance in office of the respondent could influence the witnesses or pose a threat to the safety and integrity of the records and other evidence.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Ratio of preventive suspension: so that the respondent may not hamper the normal course of the investigation through the use of his influence and authority over possible witnesses (Lacson vs. Roque, 92 Phil. 456). Also, Melgar failed to exhaust administrative remedies: Since respondent mayor believed that his preventive suspension was unjustified and politically motivated, he should have sought relief first from the Secretary of Interior and Local Government, not from the courts. However, once the 60-day preventive suspension has been served, the official is deemed reinstated in office without prejudice to the continuation of the administrative investigation of the charges against him.

Joson vs. Executive Secretary (1998) Facts: It was alleged in the complaint of the vice governor and members of the Sangguniang Panlalawigan that Governor Joson, with some armed men, barged into the session hall of the SP, angrily kicking the chairs and tables and threatening the members present – alleged done to harass the SP into approving a pending legislative measure obtaining a P150 million from the PNB. DILG found Joson guilty and ordered 6 months suspension on the ground that the affidavits of respondent complainants were more natural, reasonable and probable than those of Joson's. Held: Governor Joson was not validly suspended. Verification requirement in the complaint and the joint affidavit is only a formal and not a jurisdictional requisite which is required only to insure good faith in making the allegations. The court may order correction of the pleading if unverified or act upon the unverified pleading if attendant circumstances are such that dispenses the requirement. CAB: Verification requirement was waived when the president himself acted on the complaint. The power to discipline an elective official is lodged in the President (AO 23, Sec2) which includes the power to investigate. AO23 (Sec3) however delegates the power to investigate to the DILG. Also, such power of the DILG to investigate administrative complaints is based on the alter-ego principle and the doctrine of qualified political agency. Non-compliance with AO23 in that the Office of the President should have first required Joson to file his answer then refer the complaint and answer to the Investigative Authority (DILG) for further proceedings is not a fatal defect, being merely procedural. The answer is required only for the President to make a preliminary assessment of the case, and he found the complaint in CAB already sufficient in form and substance. HOWEVER, the 6month suspension is not valid because of the denial of Joson’s Motion to Conduct Formal Investigation which denied him procedural due process.

CA VE AT:

- 164 Sec5 of AO23 provides that at the preliminary conference, the Investigating Authority shall summon the parties to consider whether they desire a formal investigation. DILG has no discretion to determine whether a formal investigation would be conducted. There is nothing in the LGC, its IRR, nor in AO23 that provide that administrative cases can be decided on the basis of position papers. Respective memoranda may be required ONLY AFTER the formal investigation and hearing has been held.

Berces vs. Guingona (1995) Facts: After the filing of 2 administrative cases against Mayor Corral of Tiwi, Sangguniang Panlalawigan ordered: In the first case – suspension for 2months, and payment to Berces In the second case – suspension for 3months and reimbursement Upon appeal of the decisions by Corral, Office of the President stayed the execution of the decisions based on LGC and AO18. Berces sought reconsideration. Held: The Office of the President has authority to stay the execution of decisions made by Sangguniang Panlalawigan. The LGC in its repealing clause Sec530(f) has not expressly repealed Sec6 of AO18 because it failed to identify or designate the laws or executive orders that are intended to be repealed. In the absence of an express repeal, a subsequent law cannot be construed as repealing a prior law unless an irreconcilable inconsistency and repugnancy exists in the terms of the new and old laws. CAB: Sec 68 of LGCode and Sec. 6 AO No. 18 are not irreconcilably inconsistent and repugnant and the two laws must in fact be read together. The 1st sentence of Sec 68 merely provides that an "appeal shall not prevent a decision from becoming final or executory." As worded, there is room to construe said provision as giving discretion to the reviewing officials to stay the execution of the appealed decision. The execution of decisions pending appeal is procedural and in the absence of a clear legislative intent to remove from the reviewing officials the authority to order a stay of execution, such authority can be provided in the rules and regulations governing the appeals of elective officials in administrative cases. The term "shall" in Sec68, LGC may be read either as mandatory or directory depending upon a consideration of the entire provision in which it is found, its object and the consequences that would follow from construing it one way or the other. CAB: There is no basis to justify the construction of the word as mandatory. Office of the President found that the execution of the decision of the Sangguniang Panlalawigan suspending Mayor Corral from office might be prejudicial to the public interest. Thus, in order not to disrupt the rendition of service by the mayor to the public, a stay of the execution of the decision is in order.

Ganzon vs. CA (1991)

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Facts: DLG Secretary issued against Mayor Ganzon 3 separate orders of 60-day preventive suspensions dated Aug11 1988, Oct11 1988, and May3 1990. A fourth order was issued on July3, 1991. On August 5, 1991, SC issued order that the first 3 suspensions are affirmed provided that Ganzon may not be made to serve future suspensions on account of any of the remaining admin charges against him. Ganzon filed a petition for mandamus with "manifestation and compliance," alleging that he had already fully served the suspension orders issued against him, in compliance with the August 5 SC Order, and that he should be allowed to re-assume his office starting September 4 1991. Held: Simultaneous service of the 3rd and 4th orders of suspension can be allowed Under the bizarre circumstances of CAB, It would work in favor of Ganzon, an elective official, and it presumably will favor the local constituency and certainly lessen if not offset the harsh effects of whatever motive may be behind the intriguing action of DLG Sec in issuing the successive suspension orders especially when he could have pursued a consolidated effort. SC takes judicial notice of recently-approved LGC which provides, under Sec63 as to imposition of preventive suspensions, that Sec63 (b). . . that, any single preventive suspension of local elective official shall not extend beyond sixty (60) days: Provided, further that in the event that several administrative cases are filed against an elective official, he cannot be preventively suspended for more than ninety (90) days within a single year on the same ground or grounds existing and known at the time of the first suspension."

Aguinaldo vs. Santos (1992) Facts: Governor Aguinaldo of Cagayan province was found guilty by DLG Sec for disloyalty to the Republic and culpable violation of the Constitution and was ordered removed from office. Pending Aguinaldo’s petition in SC, he filed his certificate of candidacy for position of Governor for the 1992 elections. COMELEC disqualified Aguinaldo. SC annulled COMELEC Resolution disqualifying Aguinaldo on the ground that DLG Sec. decision has not yet attained finality and is still pending review with SC. Aguinaldo won in the 1992 elections as Governor. Held: 1. Aguinaldo’s re-election to Governor position has rendered the administrative case pending before SC moot and academic. RULE: A public official can not be removed for administrative misconduct committed during a prior term, since his re-election to office operates as a condonation of the officer's previous misconduct to the extent of cutting off the right to remove him therefor. It is assumed that the electorate did this with knowledge of his life and character.

CA VE AT:

- 165 However, such rule finds no application to criminal cases pending against petitioner for acts he may have committed during the failed coup. 2.

The 1987 Constitution has not repealed the power of DLG Sec to suspend or remove local government officials as alter ego of the President. The Sec’s power to remove is anchored on the Constitution and a statutory grant from the legislature: Constitutional basis: in Articles VII (17) and X (4) – which vest in the President the power of control over all executive departments, bureaus and offices and the power of general supervision over local governments, and by the doctrine that the acts of the department head are presumptively the acts of the President unless expressly rejected by him The statutory grant in BP337 has constitutional roots - having been enacted by the Batas Pambansa pursuant to Art XI, Sec2 of 1973 Constitution which states that the National Assembly shall... provide for the qualifications, election and removal... of local government officials a similar provision is found in Art X, Sec3 of 1987 Constitution that the Congress shall... provide for the qualifications, election, appointment, and removal... and all other matters relating to the organization and operation of the local units. Inasmuch as the power and authority of the legislature to enact a local government code, which provides for the manner of removal of local government officials, is found in the 1973 and 1987 Constitutions, then it cannot be said that BP337 was repealed by the effectivity of the present Consitution. Moreover, the Court had stated in the case Bagabuyo vs. Davide that BP337 remained in force despite the effectivity of the present Constitution, until such time as the proposed 1991 LGC is approved. The power of DLG Sec to remove local elective government officials is found in Sec60 and 61 of BP337.

People vs. Toledano (2000) Facts: Ombudsman dismissed administrative cases against Bunao (member of Sangguniang Bayan), but recommended the prosecution of Bunao under Sec41, par(1) in relation to Sec221 of 1983 LGC (Officials not to engage in Business Transactions or Possess Pecuniary Interest). An information was filed against Bunao before the RTC. Bunao moved to dismiss the information on the ground that the charge had already become moot and academic and that any criminal liability he may have incurred has been extinguished (Administrative charges had been dismissed; Bunao was reelected). Held: It was not proper for judge to issue order of dismissal on the ground of extinction of criminal liability. There is Grave Abuse of Discretion amounting to lack of jurisdiction.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER It is a fundamental principle of administrative law that administrative cases are independent from criminal actions for the same act or omission. The reliance made by respondent judge on the re-election of private respondent as Kagawad in the May 1992 election so as to warrant the dismissal of the information filed against him, citing Aguinaldo vs. Santos is misplaced. The ruling in said case which forbids the removal from office of a public official for administrative misconduct committed during a prior term, finds no application to criminal cases, pending against said public officer. 1991 LGC which repealed 1983 LGC: (1) reenacted in its Sec89 the legal provision of Sec41 of BP337 under which private respondent Bunao was charged and (2) penalizes the same act previously penalized under the repealed law, such that the act committed before the reenactment continuous to be a crime. Hence, prosecution will proceed under the provisions of Section 89 in relation to Section 514 of R.A.7160.

Garcia vs. Mojica (1999) Facts: Garcia, as Cebu City mayor, signed a contract with F.E.Zuellig for supply of asphalt to the city. Contract covers the period 1998-2001 which was to commence on September1998 when the first delivery should have been made by Zuellig. March1999, news reports came out regarding alleged anomalous purchase of asphalt by Cebu City, through the contract signed by Garcia – which prompted Office of Ombudsman (Visayas) to conduct an inquiry. Preventive suspension order was issued by the Office of the Ombudsman. Garcia assails validity of the order. RE: Ombudsman's authority to conduct administrative investigations: mandated by the Constitution under Art XI, Sec13(1) RA6770 (Ombudsman Law) grants the statutory power to conduct administrative investigations Sec19 - to act on administrative complaints Sec21 - which names the officials subject to Ombudsman's disciplinary authority, among which are elective officials of the government CAB: Garcia is an elective official accused of grave misconduct and dishonesty – it is clear from the law that the Office of the Ombudsman may conduct an administrative investigation into the acts complained of. RE: Ombudsman's authority to preventively suspend an official subject to its administrative investigation: Sec24, RA6770 provides for it – The Ombudsman or his Deputy may preventively suspend any officer or employee under his authority pending an investigation, if in his judgment the evidence of guilt is strong, and (a) the charge against such officer or employee involves dishonesty, oppression or grave misconduct or neglect in the performance of duty; (b) the charges would warrant removal

CA VE AT:

- 166 from the service; or (c) the respondent’s continued stay in office may prejudice the case filed against him. xxx  “Under his authority” has been previously interpreted to mean that the Ombudsman can preventively suspend all officials under investigation by his office, regardless of the branch of government in which they are employed, except those removable by impeachment, members of Congress and the Judiciary.  This power is also available to the Deputy Ombudsman. CAB: There can be no question as to the power and authority of respondent Deputy Ombudsman Mojica to issue an order of preventive suspension against an official like Garcia – to prevent that official from using his office to intimidate or influence witnesses or to tamper with records that might be vital to the prosecution of the case against him. RE: Period for which an official may be preventively suspended: must not exceed 6months under Sec24, RA6770 CAB: Garcia was preventively suspended and ordered to cease and desist from holding office for the entire period of 6months, which is the maximum provided by law. RE: Determination of W/N the evidence of guilt is strong as to warrant preventive suspension, and the period of such suspension: rests and necessarily belongs to the Ombudsman, except that he cannot extend the period of suspension beyond that provided by law. SC’s view: The strength of the evidence to warrant said suspension and the propriety of the length or period of suspension imposed on Garcia are properly raised in the petition under Rule65 where there may be grave abuse of discretion. 1.

W/N the evidence is sufficiently strong to justify the imposition of preventive suspension against Garcia. Held: Findings sufficiently justify it. Pertinent to note that the inquiry that preceded the filing of administrative case vs. Garcia was prompted by new reports regarding the allegedly anomalous contract entered into by Garcia, on behalf of Cebu City, with Zuellig. In the memo to Mojica, Graft Investig. Off. Garciano recommended that Garcia be preventively suspended, based on an initial investigation purportedly showing: o Contract was designed to favor Zuellig

o

-

Amount quoted in contract was too expensive compared to amount for which asphalt may be bought from local suppliers like Shell and Petron – specially considering that it was fixed in dollars and payable in pesos  exposing city government to risks attendant to a fluctuating exchange rate o Interest of city under the contract is not protected by adequate security Findings were based on the contract, letters from Bitumex and Credit Lyonnais, letters from Shell and Petron on whether they can supply asphalt to Cebu City…

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER 2.

W/N the imposition of the maximum period of 6 months is warranted by the purpose and the circumstances in CAB Held: NO. SolGen’s statement for respondents during his oral argument show that the evidence (documents, vouchers, purchase orders…) to prove guilt were obtained after Garcia has been suspended, and he claimed (even as an afterthought) that they strengthen the evidence against Garcia.  If the purpose of the preventive suspension was to enable the investigating authority to gather documents without intervention from Garcia, then, from respondents’ submission – it can be concluded that this purpose was already achieved during the nearly month-long suspension of Garcia from June25-July19, 1999. Granting that now the evidence vs. Garcia is already strong, even without conceding that initially it was weak – it is clear that the maximum 6-month period is excessive and definitely longer than necessary for Ombudsman to make its legitimate case vs. Garcia. Conclusion: the period during which Garcia was already preventively suspended, has been sufficient for the lawful purpose of preventing him from hiding and destroying needed documents, or harassing and preventing witnesses who wish to appear against him.

DanGat: We’re upset – courts can overrule the discretion given to the Disciplining Authority as regards sufficiency of evidence and the period of preventive suspension Conclusion reached without necessarily drawing a distinction between the preventive suspension imposed by Ombudsman Law and the Local Government Code. Garcia would claim: LGC should apply to case of an elective local official. Note: Under LGC, preventive suspension may only be imposed only for a maximum period of 60days. Respondents’ argument: Administrative complaints commenced under Ombudsman Law are distinct from those initiated under LGC. The shorter period (60days) of suspension under LGC is intended to limit the period of suspension that may be imposed by a mayor, governor, or President, who may be motivated by partisan political considerations The Ombudsman, who can impose a longer period (6 months) is not likely to be similarly motivated because it is a constitutional body. Held: Distinction between LGC and Ombudsman Law is valid but not decisive of whether there has been grave abuse of discretion in a specific case of preventive suspension. 1. Respondents may be correct in pointing out the reason for the shorter period imposable under the LGC (as based on the deliberations of the Senate on the Bill). Political color could taint the exercise of the power to suspend local officials by the mayor, governor or President’s office. In contrast, the Ombudsman, considering the constitutional origin of his Office, always ought to be insulated from the vagaries of politics, as respondents would have the SC believe.

CA VE AT:

2.

- 167 -

Hagad vs. Gozo-Dadole has said that nothing in LGC indicate that it has repealed (express or implied) the pertinent provisions of Ombudsman Act – not being inconsistent. Although it has been argued that 6month period under Ombudsman Law is much too repugnant to 60day period under LGC, Vitug said that the two govern differently.

Garcia still contends: The Hagad case did not settle the question of whether a local elective official may be preventively suspended even before the issues could be joined. And he was not given a chance to refute first the charges against him. Note: Under the LGC, preventive suspension may only be imposed after issues are joined. Held: It has been held in other cases that there could be preventive suspension even before the charges against the official are heard, or before the official is given an opportunity to prove his innocence. Preventive suspension is merely a preliminary step in an administrative investigation and is not in any way the final determination of the guilt of the official concerned. Garcia continues on: Suspension order against him was issued in violation of Sec26(2) of Ombudsman Law – that before an inquiry may be converted into a full-blown administrative investigation, official must be given 72hours to answer the charges against him.  It was converted without him being given the required number of hours to answer. Held: Nope.

1.

2.

Even though it appears that he was not given the requisite 72hours to submit a written answer to complaint against him, this does not make invalid the preventive suspension order issued against him. Again, It may be issued even before the charges against the official concerned is heard. Moreover, respondents state that Garcia was given 10days to submit his counter-affidavit to the complaint filed by Tagaan. This is in keeping with Sec5(a) of Rules of Procedure of Office of the Ombudsman.

Granting that Ombudsman Office may investigate, for purposes provided for by law, acts of Garcia committed prior to his present term of office; and that it may preventively suspend him for a reasonable period, Can that office hold him administratively liable for said acts? SC Note: It has repeatedly held in a number of cases that a reelected local official may not be held administratively accountable for misconduct committed during his prior term of office.  Rationale: When the electorate put him back into office, it is presumed that it did so with full knowledge of his life and character, including his past misconduct. If, armed with such knowledge, it still reelects him, then such reelection is considered a condonation of his past misdeeds. Respondents argue however: In CAB, contract entered into by Garcia with Zuellig was signed just 4days before date of elections  it was not made an issue during the election, and so the electorate could not be said to have voted for Garcia with knowledge of this particular aspect of his life and character.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Garcia contends: “The only conclusive determining factor” as regards the people’s thinking on the matter is an election. SC held: Garcia is correct. That the people voted for an official with knowledge of his character is presumed, precisely to eliminate the need to determine, in factual terms, the extent of this knowledge. Such an undertaking is impossible. Rulings on the matter do not distinguish the precise timing or period when the misconduct was committed, reckoned from the date of the official’s reelection, except that it must be prior to said date. Salalima case applies – that sound policy dictates it. To rule otherwise would open the floodgates to exacerbating endless partisan contests between the reelected official and his political enemies, who may not stop to hound the former during his new term with administrative cases for acts alleged to have been committed during his previous term. In CAB, Garcia cannot anymore be held administrative liable for an act done during his previous term (his signing of contract with Zuellig). Respondents continue to argue: Although signed during Garcia’s prior term, it is to be made effective during his present term. SC held: NO. Agreement was perfected on date contract was signed, during prior term. At that moment, Garcia already acceded to the terms of the contract, including stipulations now alleged to be prejudicial to the city government. Thus, any culpability Garcia may have in signing the contract already became extant on the day the contract was signed. It hardly matters that the deliveries under the contract are supposed to have been made months later. SUPER CONCLUSION: Garcia can no longer be held administratively liable for signing contract with Zuellig. This should not prejudice the filing of any case other than administrative against Garcia – this is not a total exoneration of Garcia for whatever wrongdoing might have been committed in signing the subject contract.

- 168 payments were made even if the items were not yet delivered. State Auditors Cabreros and Quejada thereafter submitted a joint affidavit and a supplemental joint affidavit wherein they disclosed other details such as the alleged ghost deliveries of asphalt. Held: The COA Special Audit Report and the supporting affidavits submitted by State Auditors constitute a valid complaint with the Office of the Ombudsman. For purposes of initiating a preliminary investigation before the Office of the Ombudsman, a complaint "in any form or manner" is sufficient (Sec. 12 Art XI of Const.). In Almonte v. Vasquez, SC held that even unverified and anonymous letters may suffice to start an investigation. In permitting the filing of complaints "in any form or manner," the framers of the Constitution took into account the well-known reticence of the people which keep them from complaining against official wrongdoings. The Office of the Ombudsman is different from the other investigatory and prosecutory agencies of the government because those subject to its jurisdiction are public officials who, through official pressure and influence, can quash, delay or dismiss investigations held against them. In CAB, the Deputy Ombudsman's Order requiring petitioner to submit his counter-affidavit was accompanied by the COA Special Audit Report and the joint affidavit and supplemental joint affidavit of State Auditors Cabreros and Quejada. Garcia did not deny receiving the documents. Withdrawal of SPO Tagaan was not fatal to the case. Tagaan's report and affidavit still form part of the records of the case. He could still be called by subpoena if necessary. Tagaan was a nominal party, whose duty as special prosecutor was to investigate the commission of crimes and file the corresponding complaint whenever warranted. The real complainant is the State

Hunting the Elusive G-Spot (Part3): Garcia vs. Miro (2003) Facts: Continuation of Garcia vs. Mojica… Deputy Ombudsman required COA Director to conduct a special audit, and requested the City Administrator to submit documents pertaining to the asphalt supply of the city and a copy of the contract. Special Prosecution Officer Tagaan, who conducted the inquiry, recommended that a criminal and an administrative complaint be filed against Garcia and several others. Tagaan filed an affidavit with the Graft Investigation Office against Garcia and others for violation of Section 3(g) of RA 3019. The Office of the City Auditor filed its report which was prepared by State Auditors Cabreros and Quejada, Jr. to Miro, concluding that the transaction is highly questionable in view of the fact that

CA VE AT:

Finding Your G-Spot The G-Spot is located along the upper/front wall of the vagina, about two inches in, towards the stomach. Try some manual exploration. Lie on your back with your knees bent and rest your feet on the bed in front of you. Insert your middle finger into your vagina and gently stroke the front wall behind the pubic bone, about two inches up.You should feel a patch of skin that has a different texture from the rest of your vaginal walls, slightly rough or "ruffled." Using a "comehither" motion, press into the center of this ruffled patch until you feel an area that is sensitive to pressure. That's your G-Spot, also known as your urethral sponge. It's on the other side of your vaginal wall, which is why you'll probably respond more to pressure than light stroking. Thearea is about the size of a pea, but can enlarge to the size of a walnut when stimulated. You should also know

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER that many women feel like they need to urinate when this area is stimulated. This is due to the fact that, as it enlarges,it presses on the same nerves that signal a full bladder. Most women find, however,that as stimulation is continued, this feeling goes away and is replaced by pleasurable sensations. (continued…)

The Om bud sm an RA 6770 (1989) – Ombudsman Act of 1989 Sec2. Declaration of Policy. — The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption. Public office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty, efficiency, act with patriotism and justice and lead modest lives. Sec13. Mandate. — The Ombudsman and his Deputies, as protectors of the people, shall act promptly on complaints filed in any form or manner against officers or employees of the Government, or of any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations, and enforce their administrative, civil and criminal liability in every case where the evidence warrants in order to promote efficient service by the Government to the people. casia Sec14. Restrictions. — No writ of injunction shall be issued by any court to delay an investigation being conducted by the Ombudsman under this Act, unless there is a prima facie evidence that the subject matter of the investigation is outside the jurisdiction of the Office of the Ombudsman. No court shall hear any appeal or application for remedy against the decision or findings of the Ombudsman, except the Supreme Court, on pure question of law. Sec15. Powers, Functions and Duties. — The Office of the Ombudsman shall have the following powers, functions and duties: (1) Investigate and prosecute on its own or on complaint by any person, any act or omission of any public officer or employee, office or agency, when such act or omission appears to be illegal, unjust, improper or inefficient. It has primary jurisdiction over cases cognizable by the Sandiganbayan and, in the exercise of this primary jurisdiction, it may take over, at any stage, from any investigatory agency of Government, the investigation of such cases; (2) Direct, upon complaint or at its own instance, any officer or employee of the Government, or of any subdivision, agency or instrumentality thereof, as well as any governmentowned or controlled corporations with original charter, to perform and expedite any act or duty required by law, or to stop, prevent, and correct any abuse or impropriety in the performance of duties;

CA VE AT:

- 169 (3) Direct the officer concerned to take appropriate action against a public officer or employee at fault or who neglect to perform an act or discharge a duty required by law, and recommend his removal, suspension, demotion, fine, censure, or prosecution, and ensure compliance therewith; or enforce its disciplinary authority as provided in Section 21 of this Act: Provided, That the refusal by any officer without just cause to comply with an order of the Ombudsman to remove, suspend, demote, fine, censure, or prosecute an officer or employee who is at fault or who neglects to perform an act or discharge a duty required by law shall be a ground for disciplinary action against said officer; (4) Direct the officer concerned, in any appropriate case, and subject to such limitations as it may provide in its rules of procedure, to furnish it with copies of documents relating to contracts or transactions entered into by his office involving the disbursement or use of public funds or properties, and report any irregularity to the Commission on Audit for appropriate action; (5) Request any government agency for assistance and information necessary in the discharge of its responsibilities, and to examine, if necessary, pertinent records and documents; (6) Publicize matters covered by its investigation of the matters mentioned in paragraphs (1), (2), (3) and (4) hereof, when circumstances so warrant and with due prudence: Provided, That the Ombudsman under its rules and regulations may determine what cases may not be made public: Provided, further, That any publicity issued by the Ombudsman shall be balanced, fair and true; (7) Determine the causes of inefficiency, red tape, mismanagement, fraud, and corruption in the Government, and make recommendations for their elimination and the observance of high standards of ethics and efficiency; (8) Administer oaths, issue subpoena and subpoena duces tecum, and take testimony in any investigation or inquiry, including the power to examine and have access to bank accounts and records; (9) Punish for contempt in accordance with the Rules of Court and under the same procedure and with the same penalties provided therein; (10) Delegate to the Deputies, or its investigators or representatives such authority or duty as shall ensure the effective exercise or performance of the powers, functions, and duties herein or hereinafter provided; (11) Investigate and initiate the proper action for the recovery of ill-gotten and/or unexplained wealth amassed after February 25, 1986 and the prosecution of the parties involved therein. The Ombudsman shall give priority to complaints filed against high ranking government officials and/or those occupying supervisory positions, complaints involving grave offenses as well as complaints involving large sums of money and/or properties.

Sec16. Applicability. — The provisions of this Act shall apply to all kinds of malfeasance, misfeasance, and non-feasance that have been committed by any officer or employee as mentioned in Section 13 hereof, during his tenure of office.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Sec17. Immunities. — In all hearings, inquiries, and proceedings of the Ombudsman, including preliminary investigations of offenses, nor person subpoenaed to testify as a witness shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda and/or other records on the ground that the testimony or evidence, documentary or otherwise, required of him, may tend to incriminate him or subject him to prosecution: Provided, That no person shall be prosecuted criminally for or on account of any matter concerning which he is compelled, after having claimed the privilege against self-incrimination, to testify and produce evidence, documentary or otherwise. Under such terms and conditions as it may determine, taking into account the pertinent provisions of the Rules of Court, the Ombudsman may grant immunity from criminal prosecution to any person whose testimony or whose possession and production of documents or other evidence may be necessary to determine the truth in any hearing, inquiry or proceeding being conducted by the Ombudsman or under its authority, in the performance or in the furtherance of its constitutional functions and statutory objectives. The immunity granted under this and the immediately preceding paragraph shall not exempt the witness from criminal prosecution for perjury or false testimony nor shall he be exempt from demotion or removal from office. Any refusal to appear or testify pursuant to the foregoing provisions shall be subject to punishment for contempt and removal of the immunity from criminal prosecution. Sec18. Rules of Procedure. — (1) The Office of the Ombudsman shall promulgate its rules of procedure for the effective exercise or performance of its powers, functions, and duties. (2) The rules of procedure shall include a provision whereby the Rules of Court are made suppletory. (3) The rules shall take effect after fifteen (15) days following the completion of their publication in the Official Gazette or in three (3) newspapers of general circulation in the Philippines, one of which is printed in the national language. Sec19. Administrative Complaints. — The Ombudsman shall act on all complaints relating, but not limited to acts or omissions which: (1) Are contrary to law or regulation; (2) Are unreasonable, unfair, oppressive or discriminatory; (3) Are inconsistent with the general course of an agency's functions, though in accordance with law; (4) Proceed from a mistake of law or an arbitrary ascertainment of facts; (5) Are in the exercise of discretionary powers but for an improper purpose; or (6) Are otherwise irregular, immoral or devoid of justification. Sec20. Exceptions. — The Office of the Ombudsman may not conduct the necessary investigation of any administrative act or omission complained of if it believes that:

CA VE AT:

- 170 (1) The complainant has an adequate remedy in another judicial or quasi-judicial body; (2) The complaint pertains to a matter outside the jurisdiction of the Office of the Ombudsman; (3) The complaint is trivial, frivolous, vexatious or made in bad faith; (4) The complainant has no sufficient personal interest in the subject matter of the grievance; or (5) The complaint was filed after one (1) year from the occurrence of the act or omission complained of.

Sec21. Official Subject to Disciplinary Authority; Exceptions. — The Office of the Ombudsman shall have disciplinary authority over all elective and appointive officials of the Government and its subdivisions, instrumentalities and agencies, including Members of the Cabinet, local government, government-owned or controlled corporations and their subsidiaries, except over officials who may be removed only by impeachment or over Members of Congress, and the Judiciary. Sec22. Investigatory Power. — The Office of the Ombudsman shall have the power to investigate any serious misconduct in office allegedly committed by officials removable by impeachment, for the purpose of filing a verified complaint for impeachment, if warranted. In all cases of conspiracy between an officer or employee of the government and a private person, the Ombudsman and his Deputies shall have jurisdiction to include such private person in the investigation and proceed against such private person as the evidence may warrant. The officer or employee and the private person shall be tried jointly and shall be subject to the same penalties and liabilities. Sec23. Formal Investigation. — (1) Administrative investigations conducted by the Office of the Ombudsman shall be in accordance with its rules of procedure and consistent with due process. (2) At its option, the Office of the Ombudsman may refer certain complaints to the proper disciplinary authority for the institution of appropriate administrative proceedings against erring public officers or employees, which shall be determined within the period prescribed in the civil service law. Any delay without just cause in acting on any referral made by the Office of the Ombudsman shall be a ground for administrative action against the officers or employees to whom such referrals are addressed and shall constitute a graft offense punishable by a fine of not exceeding Five thousand pesos (P5,000.00). (3) In any investigation under this Act the Ombudsman may: (a) enter and inspect the premises of any office, agency, commission or tribunal; (b) examine and have access to any book, record, file, document or paper; and (c) hold private hearings with both the complaining individual and the official concerned. Sec24. Preventives Suspension. — The Ombudsman or his Deputy may preventively suspend any officer or employee under his authority pending an investigation, if in his judgment the evidence of guilt is strong, and (a) the charge against such

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER officer or employee involves dishonesty, oppression or grave misconduct or neglect in the performance of duty; (b) the charges would warrant removal from the service; or (c) the respondent's continued stay in office may prejudice the case filed against him. The preventive suspension shall continue until the case is terminated by the Office of the Ombudsman but not more than six (6) months, without pay, except when the delay in the disposition of the case by the Office of the Ombudsman is due to the fault, negligence or petition of the respondent, in which case the period of such delay shall not be counted in computing the period of suspension herein provided. Sec25. Penalties. — (1) In administrative proceedings under Presidential Decree No. 807, the penalties and rules provided therein shall be applied. (2) In other administrative proceedings, the penalty ranging from suspension without pay for one (1) year to dismissal with forfeiture of benefits or a fine ranging from Five thousand pesos (P5,000.00) to twice the amount malversed, illegally taken or lost, or both at the discretion of the Ombudsman, taking into consideration circumstances that mitigate or aggravate the liability of the officer or employee found guilty of the complaint or charges. Sec26. Inquiries. — (1) The Office of the Ombudsman shall inquire into acts or omissions of a public officer, employee, office or agency which, from the reports or complaints it has received, the Ombudsman or his Deputies consider to be: (a) contrary to law or regulation; (b) unreasonable, unfair, oppressive, irregular or inconsistent with the general course of the operations and functions of a public officer, employee, office or agency; (c) an error in the application or interpretation of law, rules or regulations, or a gross or palpable error in the appreciation of facts; (d) based on improper motives or corrupt considerations; (e) unclear or inadequately explained when reasons should have been revealed; or (f) inefficient performed or otherwise objectionable. (2) The Officer of the Ombudsman shall receive complaints from any source in whatever form concerning an official act or omission. It shall act on the complaint immediately and if it finds the same entirely baseless, it shall dismiss the same and inform the complainant of such dismissal citing the reasons therefor. If it finds a reasonable ground to investigate further, it shall first furnish the respondent public officer or employee with a summary of the complaint and require him to submit a written answer within seventy-two (72) hours from receipt thereof. If the answer is found satisfactory, it shall dismiss the case. (3) When the complaint consists in delay or refusal to perform a duty required by law, or when urgent action is necessary to protect or preserve the rights of the complainant, the Office of the Ombudsman shall take steps or measures and

CA VE AT:

- 171 issue such orders directing the officer, employee, office or agency concerned to: (a) expedite the performance of duty; (b) cease or desist from the performance of a prejudicial act; (c) correct the omission; (d) explain fully the administrative act in question; or (e) take any other steps as may be necessary under the circumstances to protect and preserve the rights of the complainant. (4) Any delay or refusal to comply with the referral or directive of the Ombudsman or any of his Deputies, shall constitute a ground for administrative disciplinary action against the officer or employee to whom it was addressed.

Sec27. Effectivity and Finality of Decisions. — (1) All provisionary orders of the Office of the Ombudsman are immediately effective and executory. A motion for reconsideration of any order, directive or decision of the Office of the Ombudsman must be filed within five (5) days after receipt of written notice and shall be entertained only on any of the following grounds: (1) New evidence has been discovered which materially affects the order, directive or decision; (2) Errors of law or irregularities have been committed prejudicial to the interest of the movant. The motion for reconsideration shall be resolved within three (3) days from filing: Provided, That only one motion for reconsideration shall be entertained. Findings of fact by the Officer of the Ombudsman when supported by substantial evidence are conclusive. Any order, directive or decision imposing the penalty of public censure or reprimand, suspension of not more than one (1) month's salary shall be final and unappealable. In all administrative disciplinary cases, orders, directives, or decisions of the Office of the Ombudsman may be appealed to the Supreme Court by filing a petition for certiorari within ten (10) days from receipt of the written notice of the order, directive or decision or denial of the motion for reconsideration in accordance with Rule 45 of the Rules of Court. The above rules may be amended or modified by the Office of the Ombudsman as the interest of justice may require. Sec28. Investigation in Municipalities, Cities and Provinces. — The Office of the Ombudsman may establish offices in municipalities, cities and provinces outside Metropolitan Manila, under the immediate supervision of the Deputies for Luzon, Visayas and Mindanao, where necessary as determined by the Ombudsman. The investigation of complaints may be assigned to the regional or sectoral deputy concerned or to a special investigator who shall proceed in accordance with the rules or special instructions or directives of the Office of the Ombudsman. Pending investigation the deputy or investigator may issue orders and provisional remedies which are immediately executory subject to review by the Ombudsman. Within three (3) days after concluding the investigation, the deputy or investigator shall transmit, together with the entire records of the case, his report and conclusions to the Office of

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER the Ombudsman. Within five (5) days after receipt of said report, the Ombudsman shall render the appropriate order, directive or decision. Sec29. Change of Unjust Laws. — If the Ombudsman believes that a law or regulation is unfair or unjust, he shall recommend to the President and to Congress the necessary changes therein or the repeal thereof. Sec30. Transmittal/Publication of Decision. — In every case where the Ombudsman has reached a decision, conclusion or recommendation adverse to a public official or agency, he shall transmit his decision, conclusion, recommendation or suggestion to the head of the department, agency or instrumentality, or of the province, city or municipality concerned for such immediate action as may be necessary. When transmitting his adverse decision, conclusion or recommendation, he shall, unless excused by the agency or official affected, include the substance of any statement the public agency or official may have made to him by way of explaining past difficulties with or present rejection of the Ombudsman's proposals.

TO JUSTIFY … Evidence of guilt must be strong and 1. the charge ag. the officer or employee should involve dishonesty, oppression, grave misconduct or neglect in the performance of duty; 2. the charges should warrant removal from service; or 3. the continued stay in office of respondent would prejudice the case filed against him.

- 172 -

It is enough that: 1. there is reasonable ground to believe that the respondent has committed the act or acts complained of; 2. evidence of culpability is strong 3. gravity of the offense so warrants; or 4. the continuance in office of the respondent could influence the witnesses or pose a threat to the safety and integrity of the records and other evidence

Not being in the nature of a penalty, a preventive suspension can be decreed on an official under investigation after charges are heard. Naturally such would occur prior to any finding of guilt.

Hagad vs. Gozo-Dadole (1993) Facts: Criminal and administrative complaints were filed against respondents (mayor, v-mayor and SP member) with the Deputy Ombudsman after causing the alteration of Ordinance No. 018/92 by increasing the allocated appropriation therein. Respondents prayed for dismissal of the complaint. Ombudsman has no jurisdiction over the admin case filed against them since Sec 63 LGC vests the power to investigate and impose admin. Sanctions against local officials with the OP. Denied. Held: 1. Ombudsman has jurisdiction over the case. There is nothing in the LGC to indicate that it has repealed, whether expressly or impliedly, the pertinent provisions of the Ombudsman Act. The 2 statutes on the specific matter in question are not so inconsistent as to compel the court to uphold 1 and strike down the other. Implied repeals are not favored and it is fundamental that the legislature should be presumed to have known the existing laws on the subject and not to have enacted conflicting statutes. Moreover, Sections61 and 63 of the present LGC run almost parallel with the provisions then existing under the old code. The passage of 1991 LGC cannot be deemed to have effected a change from what already prevailed, the modification being only in the substitution of the Sec. of the LG with the OP. 2.

The 6-month preventive suspension without pay under the Ombudsman Act is not repugnant to the 60-day preventive suspension in the LGC. The 2 provisions govern differently.

Preventive suspension under Ombudsman Act

CA VE AT:

Preventive suspension under LGC

DanGat: Can one file administrative cases against elective officials with different disciplining authorities simultaneously? This is possible. Cases do not categorically say that filing with one excludes the filing with others.

Garcia vs. Mojica (1999) Hagad vs. Gozo-Dadole has said that nothing in LGC indicate that it has repealed (express or implied) the pertinent provisions of Ombudsman Act – not being inconsistent. Although it has been argued that 6month period under Ombudsman Law is much too repugnant to 60day period under LGC, Vitug said that the two govern differently. It is contended that the Hagad case did not settle the question of whether a local elective official may be preventively suspended even before the issues could be joined. And he was not given a chance to refute first the charges against him. Note: Under the LGC, preventive suspension may only be imposed after issues are joined. HOWEVER, It has been held in other cases that there could be preventive suspension even before the charges against the official are heard, or before the official is given an opportunity to prove his innocence. Preventive suspension is merely a preliminary step in an administrative investigation and is not in any way the final determination of the guilt of the official concerned.

Constantino vs. Desierto (1998)

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Facts: Deputy Ombudsman Gervacio placed Mayor Constantino under preventive suspension, being accused of violation of the Anti-Graft and Corrupt Practices Act because the terms of the lease agreement and undertaking between the mayor for the municipality and the company were contrary to Resolution passed by the Sangguniang Bayan. Motions and notice by Mayor were denied. Information was filed against the mayor before Sandiganbayan. Graft Investigation Officer Buena handed down a resolution finding the mayor guilty and ordered his dismissal from service. Held: Review by the Ombudsman of the motions for inhibition and to reset hearing are no longer necessary where the authority of the Graft Investigation Officer to issue the order pending the investigation of the administrative case is specifically conferred by Sec28 of the Ombudsman Act. In fact, such order is immediately executory. Furthermore, the impugned order was actually reviewed by a superior officer. It was then recommended for approval by the Deputy Ombudsman, and ultimately approved by Ombudsman Desierto. The motions therefore received due attention and consideration although resolved against him. HOWEVER, evidence against him is inadequate to warrant his dismissal from service on the specified grounds of grave misconduct, conduct prejudicial to the best interest of the service and gross neglect of duty.

Castillo-Co vs. Barbers (1998) Facts: Congressman Cua filed a complaint before the Office of the Ombudsman against Governor Castillo-Co and Provincial Engineer Ringor for violation of the Anti-Graft and Corrupt Practices Act and the RPC (fraud against the public treasury and malversation) They were preventively suspended for a period of 6months based on an order by Director Gonzales and approved by the Deputy Ombudsman. Held: 1. The Deputy Ombudsman has authority to place them under preventive suspension. There is nothing in RA7975 that remotely suggests that only the Ombudsman, and not his Deputy, may sign an order preventively suspending officials occupying positions classified as grade27 or above. In fact under Sec24 of the Ombudsman Law and Sec9, Rule III of the Rules of Procedure of the Office of the Ombudsman, there is no doubt that the Ombudsman or his Deputy may preventively suspend an officer or employee, where appropriate, as indicated by the word “or” between the “Ombudsman” and “his Deputy”. It is a disjunctive term signifying disassociation and independence of one thing from other things enumerated. The law does not require that only the Ombudsman himself may sign the order of suspension.

CA VE AT:

- 173 -

2.

There is no denial of due process when they were not given an opportunity to controvert the evidence before the order of preventive suspension was issued. A preventive suspension can be decreed on an official under investigation after charges are brought and even before the charges are heard since the same is not in the nature of a penalty, but merely a preliminary step in an administrative investigation. CAB: The fact that the said order was issued 7 days after the complaint was filed did not constitute grave abuse of discretion. The immediate issuance of such order is required in order to prevent the subject of the suspension from committing further irregularities. Such prompt action is moreover in consonance with Sec. 15 of RA 6770 which exhorts the Ombudsman to “…to give priority to complaints filed against high ranking government officials and/or those occupying supervisory positions, complaints involving grave offenses as well as complaints involving large sums of money and/or properties.” 3.

Conditions required for a preventive suspension have been complied with. 1 requisite: Evidence of guilt is strong. This rests upon the determination of the disciplining authority who is given discretion to decide when the evidence of guilt is strong. 2nd requisite: Presence of any of the following circumstances – o The charge against such officer or employee involves dishonesty, oppression or gross misconduct, or neglect in the performance of duty; o The charges would warrant removal from service; or o The respondent’s continued stay in office may prejudice the case filed against him. CAB: all circumstances are present. It is even immaterial that no evidence has been adduced to prove that petitioner may influence possible witnesses or may tamper with public records. It is sufficient that there exists such possibility. st

4. Preventive suspension is not excessive. Suspension for 6 mos. is within the limits prescribed by Sec. 24 of the Ombudsman Law. The length of the period of suspension within such limits, like the evaluation of the strength of the evidence, lies in the discretion of the Ombudsman.

Lapid vs. CA (2000) Facts: The Ombudsman issued an Order preventively suspending Governor Lapid et al for a period of 6months pursuant to Sec24, RA6770 which was implemented by DILG. Later on, the Ombudsman rendered a decision in the administrative case finding Lapid administratively liable for misconduct with a penalty of 1year suspension pursuant to Sec25(2) of RA6770. Held: 1. The decision of the Office of the Ombudsman is not immediately executory pending appeal.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER It is clear under Sec27 of RA6770 and Rules of Procedure of the Office of the Ombudsman that the punishment imposed upon petitioner (suspension without pay for 1year) is not among those listed as final and unappealable. Sec. 27 states that all provisionary orders of the Office of the Ombudsman are immediately effective and executory; and that any order, directive or decision of the said Office imposing the penalty of censure or reprimand or suspension of not more than 1 month’s salary is final and unappealable. As such, the legal maxim “inclusion unius est exclusion alterus” finds application. The express mention of the things included excludes those that are not included. The import of these statements is that all other decisions of the Office of the Ombudsman which impose penalties that are not enumerated in the said sec. 27 are not final, unappealable and immediately executory. CAB: An appeal was timely filed which can stay the immediate implementation of the decision – as supported by the Rules of Procedure issued by the Ombudsman itself which states that “In all other cases, the decision shall become final after the expiration of 10 days from receipt thereof by the respondent, unless a MR or pet. for cert. shall have been filed by him as prescribed in Sec27 of RA 6770.”

2.

As to the applicability of the case Fabian vs. Desierto The ruling in Fabian v. Desierto invalidated Sec. 27 of RA 6770 and any other provision of law implementing the Act only insofar as they provide for appeals in administrative disciplinary cases from the Office of the Ombudsman to the SC. The only provision affected by the Fabian ruling is the designation of the CA as the proper forum and of Rule 43 as the proper mode of appeal. All other matters included in said sec. 27, including the finality of decisions, are not affected. 3.

Rule43 of ROC which allegedly mandates immediate execution of all decisions rendered by administrative and quasi-judicial agencies is not applicable. The fact that the Ombudsman Act gives the parties the right to appeal from its decisions should generally carry with it the stay of these decisions pending appeal. Otherwise, the essential nature of these judgments as being appealable would be rendered nugatory. There is no general legal principle that mandates that all decisions of such agencies are immediately executory. The decisions of the Civil Service Commission under the Admin. Code, and the Office of the Pres. under the LGC, which respondents cite, are immediately executory even pending appeal because the pertinent laws under which the decisions were rendered expressly mandate them to be so. Similarly, the provision in the 1987 Admin. Code mandating execution pending review applies specifically to administrative decisions of the CSC involving members of the Civil Service. Sec. 12 of Rule 43 should therefore be interpreted as mandating that the appeal will not stay the award, judgment, final order or resolution unless the law directs otherwise. There is no basis in law for the proposition that the provisions of the Admin. Code and the LGC on execution pending review should

CA VE AT:

- 174 be applied suppletorily to the provisions of the Ombudsman Act as there is nothing in the Ombudsman Act which provides for such suppletory application. CAB: the acts attributed to Lapid could have been the subject of administrative disciplinary proceedings before the Office of the Pres. under the LGC or before the Office of the Ombudsman under the Ombudsman Act. Considering however, that petitioner was charged under the Ombudsman Act, it is this law alone which should govern his case.

Hunting the Elusive G-Spot (Part4): Doing the G-Spot Jiggly The G Spot is not a magical button,but rather, an area that some women enjoy having stimulated. The following steps are written for self-exploration, but can be modified for use with a partner.

• • • •

Relax. This should be fun, not a goal-oriented mission.

•

Press firmly against the roof of the vagina about one-third of the way in.

•

You should feel a small ruffled lump that increases in size with continued stimulation.

•

Start slow: insert your fingers gently and use soft, gentle motions at first. When you feel the G-Spot area becoming enlarged, use more pressure.

• • •

•

Use a lubricant you like. Masturbate in your usual way until you feel aroused. Insert one or two fingers into the vagina, crooking them up toward the belly (12 o'clock position if you are lying on your back).

Remember to keep paying attention to other parts of your body: your breasts, your clitoris ... whatever feels good. As your body begins to respond positively and you start feeling pleasure, use more pressure and more rapid motions. As you continue to stimulate the G-Spot, you may feel your vagina clench and bear down, the signal that orgasm is imminent. Apply more pressure to the urethral sponge, stroking and manipulating the area around the urethral opening.

You may feel the urge to urinate. Don't fight it! You are probably getting ready to ejaculate. Relax, trust your body and your partner, and see what happens. (continued…)

The Cou rt s

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER DanGat Notes: Sec13, RA3019 does not provide for the length of the suspension. It will be unconstitutional if the law be applied strictly where the official can be suspended for the whole duration of the case. Possible Remedy: Discretion given to the courts as to the length of the suspension Apply other laws (regardless of the nature of the case) Example: For elective officials – apply LGC and impose 60days… (as in Rios case) For non-elective officials – apply Civil Service or Admin Code and impose 90days… (as in Segovia case)

Bunye vs. Escareal (1993) Facts: Petitioners Municipal Mayor, Vice Mayor and Councilors questions the resolution suspending them from office for 90 days pending their trial for violation of Sec3(3) of the Anti-Graft and Corrupt Practices Act. Held: Suspension of petitioners was proper. Sec13 of RA3019 unequivocally provides that the accused public official “shall be suspended from office” while the criminal prosecution is pending in court. Under Gonzaga case, such suspension is mandatory. It is not violative of the Constitution as it is not a penalty. It is mandatory as soon as the validity of the information is determined. There is no merit in the contention that their admission of the acts constituting the offense charged against them eliminates apprehension that they might tamper with the records. It is not for the petitioners to say that their admissions are all the evidence that he prosecution will need to hold up its case against them The prosecution must be given the opportunity to gather and prepare the facts for trial under conditions which would ensure non intervention and non-interference for 90 days from petitioner’s camp The fear that the government will be paralyzed by their suspension is remote: There are 8 councilors left who can meet as the Sangguniang Bayan. The President or his alter ego, the Secretary of Interior and Local Government will know how to deal with the problem of filling up the temporarily vacant positions in accordance with the provisions of the LGC.

Juan vs. People of the Philippines (2000) Facts:

CA VE AT:

- 175 Barangay Chairman Juan and other barangay kagawads were criminally charged before RTC QC for violating the Omnibus Election Code by unlawfully using their political campaigns properties belonging to the barangay. RTC issued an order directing their immediate suspension from officer for 60days (authority under Sec13 of RA3019). Held: 1. RTCs have jurisdiction over violations of the Election Code. It is evident in Sec32 of BP129 (as amended by RA7691) that the jurisdiction of first-level courts (MTCs) does not cover those criminal cases which by specific provision of law are cognizable by RTCs. Petitioners were charged with violating Sec261(o) of the Omnibus Election Code, and under Sec268 of said Code, RTCs havee exclusive jurisdiction to try and decide any criminal action or proceedings for violation of the Code, except those relating to the offense of failure to register or failure to vote. Pursuant to Sec268 of the Omnibus Election Code, election offenses fall within the exception. 2. The preventive suspension order against petitioners is proper. Sec13, RA3019 as amended by BP195 now covers offenses of public officers falling under “Crimes Committed by Public Officers” in the RPC, and with any other form of fraud involving government funds or property. Cases against petitioners involve violations of the Election Code but it must be emphasized that they are charged with the unauthorized and unlawful use of government property in their custody which is akin to that committed by public officers as laid down in RPC. Certainly, their acts constitute fraud against the government, thus the case is covered by Sec13 of RA3019. Under Sec13 of RA3019 and as enunciated in Socrates vs. Sandiganbayan, the suspension of a public officer is mandatory after the determination of the validity of the information in a presuspension hearing conducted for the purpose. CAB: There was no pre-suspension hearing held to determine the validity of the information that had been filed against them. However, the numerous pleadings filed for and against them have achieved the goal of this procedure. Right to due process is satisfied not just by an oral hearing but by the filing and the consideration by the court of the parties’ pleadings, memoranda and other position papers.

Llorente, Jr. vs. Sandiganbayan (2000) Facts: Two informations were filed before the Sandiganbayan, charging Municipal Mayor Llorento for violating §§3 (e)(f) of RA3019. Then Congress enacted RA7975: "Sec. 4. Jurisdiction. - The Sandiganbayan shall exercise original jurisdiction on all cases involving: "a. Violations of Republic Act No. 3019, as amended, otherwise known as the Anti-Graft and Corrupt Practices Act xxx where one or more of the principal accused are officials

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER occupying the following positions in the government, whether in a permanent, acting or interim capacity, at the time of the commission of the offense: "(1) Officials of the executive branch occupying the positions of regional director and higher, otherwise classified as grade 27 and higher, of the Compensation and Position Classification Act of 1989 (Republic Act No. 6758) xxx "In cases where none of the principal accused are occupying positions corresponding to salary grade "27" or higher, as prescribed in the said Republic Act No. 6758 xxx exclusive jurisdiction thereof shall be vested in the proper Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court, and Municipal Circuit Trial Court, as the case may be, pursuant to their respective jurisdictions as provided in Batas Pambansa Blg. 129.” Llorente moved to dismiss or transfer the cases to RTC on the ground that RA7975 divested the Sandiganbayan of its jurisdiction over criminal cases against municipal mayors who receive salary less than that corresponding to Grade27. Held: Sandiganbayan has jurisdiction over the cases. It is the official’s grade that determines his salary and not the other way around. There is no merit to the contention that the salary received by a public officer dictates his salary grade. An official’s grade is not a matter of proof, but a matter of law which the court must take judicial notice [of]. The municipal mayor has a salary grade of 27 according to:

-

§444(d) of the LGC  that municipal mayor shall receive a min monthly compensation corresponding to SG27 as prescribed under RA6758 and the IRR issued pursuant thereto 1989 & 1997 versions of the Index of Occupational Services, Position Titles & Salary Grades It is subject to the jurisdiction of the Sandiganbayan.

Esquivel vs. Ombudsman (2002) Facts: Complaint-affidavits were filed with PNP against Mayor Esquivel et al. After initial investigation, PNP-CIDG forwarded the records to the Office of the Deputy Ombudsman. Deputy Ombudsman conducted preliminary investigation and later issued a resolution recommending that both Mayor Esquival and his brother Barangay Captain Esquivel be indicted for the crime of less serious physical injuries and Mayor Esquivel alone for grave threats. Separate informations were filed with Sandiganbayan. Held: 1. No grave abuse of discretion on the part of the Ombudsman in direting the filing of the informations against petitioners. The Ombudsman is empowered to determine whether there exists reasonable ground to believe that a crime has been committed and that the accused is probably guilty thereof and, thereafter, file the corresponding information with the appropriate courts.

CA VE AT:

- 176 The court has maintained a consistent policy of non-interference in the determination of the Ombudsman regarding the existence of probable cause, EXCEPT when there is grave abuse of discretion in such exercise by the Ombudsman. This rule is based not only upon respect for the investigatory and prosecutory powers granted to the Ombudsman by the Constitution; it is also grounded on practicality. Otherwise, innumerable petitions seeking dismissal of investigatory proceedings conducted by the Ombudsman will hamper the functions of said office and the courts. 2.

Sandiganbayan has jurisdiction over the criminal cases against the Mayor and the Barangay Captain. Jurisprudence has already settled this question. Municipal mayors fall under the exclusive jurisdiction of the Sandiganbayan. Neither can Barangay Captain Esquivel claim that since he is not a municipal mayor, he is not within the jurisdiction of the Snadiganbayan. It is only in cases when "NONE of the accused are occupying positions corresponding to salary grade 27 or higher " that exclusive jurisdiction will be vested in the proper court.

Rios vs. Sandiganbayan, 2nd Div. (1997) Facts: An information was filed with the Sandiganbayan against Mayor Rios for alleged unauthorized disposition of confiscated lumber, in violation of the Anti-Graft and Corrupt Practices Act. Sandiganbayan granted Office of the Special Prosecutor’s motion to suspend Mayor Rios (for 90days). Held: 1. Sandiganbayan did not commit Grave Abuse of Discretion when it ruled that the facts charged in the information constituted a violation of RA3019 (Anti-Graft Law) The SC in a resolution (in the case Rios v Sandiganbayan and the People of the Philippines) already passed upon this issue when it held that the act of disposing confiscated lumber without prior authority from the DENR and the Sandiganbayan constituted a violation of RA 3019. Hence, there was probable cause Any act or omission not in consonance with the prescribed norms of conduct inflicts injury to the Government for it is a disturbance of law and order. The assertion that there was no undue injury is based on the wrong assumption that the lumber belonged to the municipality. The lumber belongs to the National Government. 2.

Also, No Grave Abuse of Discretion when Sandiganbayan provided for the suspension of Mayor Rios, but only for 60days and not 90days. As the information filed against Rios is valid, there can be no impediment to the application of Section 13 of R.A. No. 3019 which makes it mandatory for the Sandiganbayan to suspend any public officer who has been validly charged with graft and corrupt practices.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER However, it is well settled that preventive suspension should not extend beyond 60 days.

DanGat Notes :Sec63 of LGC provides that preventive suspension can be for 90days if several administrative cases are filed against an elective official but only within a single year on the same ground or grounds existing and known at the time of the first suspension.

Segovia vs. Sandiganbayan (1999)

Held: It is mandatory to place public officers who stand accused before the court to be placed under preventive suspension pursuant to Sec13 of RA3019. It has been consistently held that it is mandatory for the court to place under preventive suspension a public officer accused before it. Imposition of suspension, however, is not automatic or selfoperative. Pre-condition: existence of valid information determined at a presuspension hearing Purpose of pre-suspension hearing: to determine the validity of the information and furnish the court w/ basis to either suspend accused and proceed with trial on merits or refuse suspension and dismiss case. Once a proper determination of validity of the information has been made, it becomes the ministerial duty of the court to issue the order of preventive suspension not exceeding 90 days in consonance w/ Civil Service Decree/Admin Code. DOCTRINE: Under Sec 13, RA 3019, the suspension of a public officer is mandatory after a determination has been made of the validity of the information in a pre-suspension hearing conducted for that purpose. The Court’s discretion lies only during the pre-suspension hearing where it is required to ascertain 1. WON the accused has been accorded due preliminary investigation prior to filing of information

SEC. 13. Suspension and Loss of Benefits. – Any incumbent public officer against whom any criminal prosecution under a valid information under this Act or under Title 7, Book II of the Revised Penal Code or for any offense involving fraud upon government or public funds or property whether as a simple or as a complex offense in whatever stage of execution and mode of participation , is pending in court shall be suspended from office.

CA VE AT:

When the statute is clear and explicit, there is hardly any room for court ratiocination of the law. RA 3019 unequivocally mandates the suspension of a public official from office pending a criminal prosecution against him. Such preventive suspension is mandatory, and there are no ‘ifs’ and ‘butts’ about it. Removal

Facts: Petitioners Segovia et al were criminally charged in Sandiganbayan with infringement of Sec3(e) of RA3019 for “causing undue injury to any party including the Gov’t, or giving any party any umwarranted benefits, advantage or preference in the discharge of his official, administrative, or judicial functions through manifest partiality, evident bad faith or gross or negligence.” The People filed a motion to suspend the petitioners Sandiganbayan issued a resolution ordering the suspension of petitioners under Sec 1313 RA 3019 for 90 days.

13

- 177 2. WON the acts for which he’s charged constitute a violation of RA 3019 or title 7, Book II of RPC 3. WON the information against him can be quashed under any of the grounds in Sec 2 Rule 117 ROC

Aguinaldo vs. Santos (1992) Issue: W/N his re-election to Governor position has rendered the administrative case pending before SC moot and academic. Held: YES RULE: A public official can not be removed for administrative misconduct committed during a prior term, since his re-election to office operates as a condonation of the officer's previous misconduct to the extent of cutting off the right to remove him therefor. It is assumed that the electorate did this with knowledge of his life and character. Such rule finds no application to criminal cases pending against petitioner for acts he may have committed during the failed coup. The 1987 Constitution has not repealed the power of DLG Sec to suspend or remove local government officials as alter ego of the President. The Sec’s power to remove is anchored on the Constitution and a statutory grant from the legislature: Constitutional basis: in Articles VII (17) and X (4) – which vest in the President the power of control over all executive departments, bureaus and offices and the power of general supervision over local governments, and by the doctrine that the acts of the department head are presumptively the acts of the President unless expressly rejected by him The statutory grant in BP337 has constitutional roots - having been enacted by the Batas Pambansa pursuant to Art XI, Sec2 of 1973 Constitution which states that the National Assembly shall... provide for the qualifications, election and removal... of local government officials a similar provision is found in Art X, Sec3 of 1987 Constitution that the Congress shall... provide for the qualifications, election, appointment, and removal... and all other matters relating to the organization and operation of the local units. Inasmuch as the power and authority of the legislature to enact a local government code, which provides for the manner of removal of local government officials, is found in the 1973 and 1987 Constitutions, then it cannot be said that BP337 was repealed by the effectivity of the present Consitution. Moreover, the Court had stated in the case Bagabuyo vs. Davide that BP337 remained in force despite the effectivity of the present Constitution, until such time as the proposed 1991 LGC is

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER approved. The power of DLG Sec to remove local elective government officials is found in Sec60 and 61 of BP337.

Pablico vs. Villpando (2002) Facts: An administrative complaint against Mayor Villapando was filed with the Sangguniang Panlalawigan of Palawan for abuse of authority and culpable violation of Constitution - Mayor allegedly entered into a consultancy agreement with Orlando Tiape, a losing mayoralty candidate which amounted to an appointment in a government position w/in the prohibited 1 yr period under Art. IX-B Sec. 6 of Constitution. Sangguniang Panlalawigan found Mayor guilty and imposed the penalty of dismissal from service. Affirmed by the Office of the President – so Vice Mayor Pablico became Mayor. CA declared the decision rendered as void. Held: Local legislative bodies and/or the Office of the President cannot validly impose the penalty of dismissal or removal from service on erring local elective officials. It is clear from Sec. 60 of LGCode that: xxx An elective local official may be removed from office on the grounds enumerated above by order of the proper court. In the case of Salalima v Guingona, the Office of the President is without any power to remove elected officials since such power is exclusively vested in the proper courts as expressly provided in Sec. 60. Under Art 24(b) IRR of LGC, it is provided that an elective official may be removed by order of proper court or the disciplining committee (SB, SP and OP) whichever first acquires jurisdiction to the exclusion of the other. HOWEVER, it was held in Salalima that this grant to the disciplining authority clearly beyond the power of the oversight committee that prepared the IRR as no IRR may alter, amend or contravene the LGCode. Even Senator Pimentel expressed doubt as to the validity of this rule. There is very clear legislative intent to make the power of removal a judicial prerogative as seen in the Senate deliberations. The law on suspension or removal of public officials must be strictly construed since what is involved is not just an ordinary public official but one chosen by people through their right of suffrage. If there is unrestricted authority to suspend/remove public officials, there will be injustice and harm to public interest.

DanGat Notes: So what does this ruling imply?

CA VE AT:

- 178 -

That remedies other than dismissal can be imposed by the Disciplining Authority, and if the remedy is removal, one must go to the courts? What happens to the power of the President under the Constitution (general supervision over local government units) to remove and discipline local officials as held in the cases of Ganzon vs. CA and Aguinaldo vs. Mojica? What would be the procedure to ask for the removal of the local official with the courts? Recall – Local Government Code Sec69. By Whom Exercised. — The power of recall for loss of confidence shall be exercised by the registered voters of a local government unit to which the local elective official subject to such recall belongs. Sec70. Initiation of the Recall Process. — (a) Recall may be initiated by a preparatory recall assembly or by the registered voters of the local government unit to which the local elective official subject to such recall belongs. (b) There shall be a preparatory recall assembly in every province, city, district, and municipality which shall be composed of the following: (1) Provincial level. — All mayors, vice-mayors, and sanggunian members of the municipalities and component cities; (2) City level. — All punong barangay and sanggunian barangay members in the city; (3) Legislative District level. — In case where sangguniang panlalawigan members are elected by district, all elective municipal officials in the district; and in cases where sangguniang panlungsod members are elected by district, all elective barangay officials in the district; and (4) Municipal level. — All punong barangay and sangguniang barangay members in the municipality. (c) A majority of all the preparatory recall assembly members may convene in session in a public place and initiate a recall proceedings against any elective official in the local government unit concerned. Recall of provincial, city, or municipal officials shall be validly initiated through a resolution adopted by a majority of all the members of the preparatory recall assembly concerned during its session called for the purpose. (d) Recall of any elective provincial, city, municipal, or barangay official may also be validly initiated upon petition of at least twenty-five percent (25%) of the total number of registered voters in the local government unit concerned during the election in which the local official sought to be recalled was elected. (1) A written petition for recall duly signed before the election registrar or his representative, and in the presence of a representative of the petitioner and a representative of the official sought to be recalled and, and in a public place in the province, city, municipality, or barangay, as the case may be, shall be filed with the

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER

(2)

COMELEC through its office in the local government unit concerned. The COMELEC or its duly authorized representative shall cause the publication of the petition in a public and conspicuous place for a period of not less than ten (10) days nor more than twenty (20) days, for the purpose of verifying the authenticity and genuineness of the petition and the required percentage of voters. Upon the lapse of the aforesaid period, the COMELEC or its duly authorized representative shall announce the acceptance of candidates to the position and thereafter prepare the list of candidates which shall include the name of the official sought to be recalled.

Sec71. Election on Recall. — Upon the filing of a valid resolution or petition for recall with the appropriate local office of the COMELEC, the Commission or its duly authorized representative shall set the date of the election on recall, which shall not be later than thirty (30) days after the filing of the resolution or petition for recall in the case of the barangay, city, or municipal officials. and forty-five (45) days in the case of provincial officials. The official or officials sought to be recalled shall automatically be considered as duly registered candidate or candidates to the pertinent positions and, like other candidates, shall be entitled to be voted upon. Sec72. Effectivity of Recall. — The recall of an elective local official shall be effective only upon the election and proclamation of a successor in the person of the candidate receiving the highest number of votes cast during the election on recall. Should the official sought to be recalled receive the highest number of votes, confidence in him is thereby affirmed, and he shall continue in office. Sec73. Prohibition from Resignation. — The elective local official sought to be recalled shall not be allowed to resign while the recall process is in progress. Sec74. Limitations on Recall. — (a) Any elective local official may be the subject of a recall election only once during his term of office for loss of confidence. (b) No recall shall take place within one (1) year from the date of the official's assumption to office or one (1) year immediately preceding a regular local election. Sec75. Expenses Incident to Recall Elections. — All expenses incident to recall elections shall be borne by the COMELEC. For this purpose, there shall be included in the annual General Appropriations Act a contingency fund at the disposal of the COMELEC for the conduct of recall elections. I. Concept of Recall It is a mode of removal of a public officer by the people before the end of his term of office. People’s prerogative to remove a public officer is an incident of their sovereign power and in the absence of constitutional restraint, the power is implied in all governmental operations. It

CA VE AT:

- 179 -

has been held to be indispensable for the proper administration of public affairs. It is frequently described as a fundamental right of the people in a representative democracy. II. History of Recall in the Philippines It made its maiden appearance in the 1973 Constitution as mandated in Sec2, ArtXI entitled Local Government where the Batasang Pambansa shall enact a LGC xxx with an effective system of recall xxx Batasang Pambansa enacted BP337 “LGC of 1983” where Sec54(Chapter3) provided only one mode of initiating the recall elections of local elective officials – by petition of at least 25% of the total number of registered voters in the LGU concerned. No instance in legal history where the power of recall was exercised by the people. Filipinos more than exercised their right of recall for they resorted to revolution and booted out of office the highest elective officials of the land. This led to its firm institutionalization in the 1987Constitution. ArtXIII expressly recognized the Role and Rights of People’s Organization, particularly in Secs15 and 16. Sec3 of ArtX also reiterated mandate for Congress to enact a LGC which “shall provide for a more responsive and accountable local government structure instituted through a system of decentralization with effective mechanisms of recall, initiative and referendum xxx.” Congress enacted RA7160 (LGC of 1991) where it provided for a second mode of initiating the recall process through a preparatory recall assembly which in the provincial level is composed of all mayors, vice-mayors and sanggunian members of the municipalities and component cities. See Secs69-74, LGC. The legislative history of the present recall provisions will reveal that the idea of empowering a preparatory recall assembly to initiate the recall from office of local elective officials originated from House of Reps and not the Senate. It was adopted for 2 principal reasons: (1) to diminish the difficulty of initiating recall thru the direct action of the people; and (2) to cut down on its expenses They took note of undesirable fact that mechanism of initiating recall by direct action of electorate was utilized only once in Angeles City, Pampanga, but even this failed – Direct action being too cumbersome, too expensive and almost impossible to implement so the second more thru a PRA was added, and brushed aside the argument that the 2 nd mode may cause instability in the LGUs due to its imagined ease. Garcia vs. COMELEC (1993)

Evardone vs. COMELEC (1991) Facts: Evardone was elected mayor during the 1988 local elections. Apelado et al then filed a petition for the recall of Mayor Evardone with the office of the local Election Registrar. Pursuant to the rules under Resolution2272 (embodies rules and regulations on the

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER recall of elective provincial, city, and municipal officials), COMELEC issued Resolution90-0557 approving recommendation to hold signing of petition for recall on July14. SC issued TRO on July12 which was received only on July15 by the field agent – a day after completion of signing process. COMELEC nullified signing process. Held: 1. Resolution2272 is constitutional contrary to assertion that the 1987 Constitution has repealed BP337 and there was no LGC at the time as basis for the promulgation of said resolution. ART XVIII, Section 3 of the 1987 Constitution provides that all existing laws not inconsistent with the Constitution shall remain operative until amended, repealed, or revoked. On the other hand, the Local Government Code of 1991 will take effect only on January 1, 1992. Hence BP Blg. 337 is still the law applicable to the present case. In the Constitutional Commission proceedings, the effectivity of BP 337 was expressly recognized prior to the enactment of a new Local Government Code. Chapter3 of BP337 provides for recall of local elective officials. Sec59 expressly authorizes COMELEC to conduct and supervise the process of and election on recall and in the exercise of such powers, promulgate necessary rules and regulations. Election Code contains no special provision on the manner of conducting elections of the recall of local officials. Any such election shall be conducted in the manner and under the rules on special elections, unless otherwise provided by law or rule of the COMELEC. Thus, pursuant to the rule-making power vested in COMELEC, it promulgated Resolution No. 2272 in 1990. 2.

The TRO issued by SC did not render nugatory the signing process of the petition for recall. SC had issued a TRO on July12 but signing of petition for recall took place just the same on scheduled date through no fault of COMELEC and Apelado et al. Signing process was undertaken by constituents of Sulat Municipality and its Election Registrar in good faith and without knowledge of the TRO earlier issued. As attested by Election Registrar, about 34% signed the petition for recall, and there is no turning back the clock (Paredes vs. Exec Sec.) WON the electorate of Sulat Municipality has lost confidence in the incumbent mayor is a political question – belonging to the realm of politics where only the people who are the judge. “Loss of confidence is the formal withdrawal by an electorate of their trust in a person’s ability to discharge his office previously bestowed on him by the same electorate.” CAB: Constituents have made a judgment and their will to recall Evardone (as mayor) has already been ascertained and must be afforded the highest respect. The signing process is valid and has legal effect. HOWEVER, recall is no longer possible because of the limitation provided in Sec55(2) of BP33 – no recall within 2years from date of

CA VE AT:

- 180 official’s assumption of office or 1year immediately preceding a regular local election. Constitution has mandated a synchronized national and local election on May 1992. To hold an election on recall approximately 7months before the regular local election will be violative of BP337.

Garcia vs. COMELEC (1993) Facts: July1993, some mayors, vice-mayors and members of the Sangguniang Bayan of 12 municipalities of Bataan province met and constituted themselves into a Preparatory Recall Assembly (PRA) in the Bagac town plaza to initiate the recall election of Governor Garcia (elected governor of Bataan in May, 1992 elections) for “loss of confidence”. COMELEC scheduled recall elections. Governor Garcia asserts the unconstitutionality of Sec70, LGC. SC Resolution: The requirement of notice is mandatory for it is indispensable in determining the collective wisdom of the members of PRA. Its non-observance is fatal to the validity of the resolution to recall Garcia as Governor of Bataan. The due process clause of the Consti requiring notice as an element of fairness is inviolable and should always be considered as part and parcel of every law in case of its silence. Need for notice to all members of PRA is also imperative for these members represent the different sectors of the electorate. Resolution to recall should articulate the majority will of the members of the assembly but the majority will can be genuinely determined only after all the members have been given a fair opportunity to express the will of their constituents In accord with the SC Resolution, Notice of Session was again sent to the members of PRAC. Garcia asserts that Sec70, LGC is unconstitutional. Held: Sec70 of LGC is constitutional. The presumption of validity rests on the respect due to the wisdom, integrity, and the patriotism of the legislative, by which the law is passed, and the Chief Executive, by whom the law is approved. Garcia et al do not point to any constitutional provision that will sustain their contention – for surely, there is nothing in there that will remotely suggest that the people have the “sole and exclusive right to decide on whether to initiate a recall proceeding.” 1. Consti did not provide for any mode of initiating recall elections. 2. It did not prohibit the adoption of multiple modes of initiating recall elections.

3.

Mandate given by Sec3 of ArtX of Consti is for Congress to “enact a LGC which shall provide for a more responsive and accountable local government structure through a system of decentralization with effective mechanisms of recall, initiative, and referendum xxx”

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER -

-

-

Congress was clearly given the power to choose the effective mechanisms of recall as its discernment dictates Power given was to select which among the means and methods of initiating recall elections are effective to carry out the judgment of the electorate, and it was not straightjacketed to one particular mechanism of initiating recall elections. Consti requires only that the mechanisms chosen (one or many) be effective. Congress deemed it wise to enact the alternative mode to supplement the former mode by direct action, and the Court cannot supplant this judgment by Congress in respect of the principle of separation of powers. Choice may be erroneous but the remedy against a bad law is to seek its amendment or repeal by the legislative.

Initiation by the PRAC is also initiation by the people, albeit done indirectly through their representatives  this act by the people through their elected representatives is not constitutionally impermissible as seen in the task of drafting the Constitution which is delegated to their representatives (either by constitutional convention or as a congressional constituent assembly). Initiation of recall process is a lesser act and there is no rhyme or reason why it cannot be entrusted to and exercised by the elected representatives of the people. PRA resolution of recall is not the recall itself. The PRA resolution merely starts the process – only a part of the process, and not the whole. This is self-evident because a PRA resolution of recall that is not submitted to the COMELEC for validation will not recall its subject officials. Likewise, a PRA resolution of recall that is rejected by the people in the election called for the purpose bears no effect whatsoever. The initiatory resolution merely sets the stage for the official concerned to appear before the tribunal of the people so he can justify why he should be allowed to continue in office. Before the people render their sovereign judgment, the official concerned remains in office but his right to continue in office is subject to question.  This is clear in Sec72, LGC which explicitly states that “the recall of an elective local official shall be effective only upon the election and proclamation of a successor in the person of the candidate receiving the highest number of votes cast during the election on recall.” The fear expressed is that the members of PRAC may inject political color in their decision as they may initiate recall proceedings only against their political opponents especially those belonging to the minority. Careful reading of the law will show that it does not give an asymmetrical treatment to locally elected officials belonging to the political minority. 1. The politically neutral composition of the PRA under Sec70(b) where all mayors, v-m, sangg members of munic and

CA VE AT:

- 181 component cities are made members of the PRA at the provincial level its membership is not apportioned to political parties – no significance is given to the political affiliation of its members

2.

PRA at the provincial level includes all the elected officials in the province concerned - considering their number, the greater probability is that no one political party can control its majority 3. Sec69, LGC provides that the only ground to recall is loss of confidence of the people The members of PRAC are there not in representation of their political parties but as reps of the peoples. By necessary implication, loss of confidence cannot be premised on mere differences in political party affiliation Consti even encourages multi-party system to nurture the democratic system  Fear that a PRA may be dominated by a political party and that it may use its power to initiate the recall of officials of opposite political persuasions is not a ground to strike down the law as unconstitutional.  Moreover, law instituted safeguards to assure that the initiation of the recall process by a PRA will not be corrupted by extraneous influences. Its diverse and distinct composition guarantees that all the sectors of the electorate province shall be heard. Following are required for the validity of resolution.

-

notice to all members is a condition sine qua non to the validity of its proceedings

-

Law also requires a qualified majority of all the PRA members to convene in session and in a public place

-

Also, the recall resolution by majority must be adopted during its session called for the purpose  Furthermore, it cannot be claimed that the PRA members voted along narrow political lines. Neither COMELEC nor SC made a judicial inquiry as to the reason that led the members of the said recall assembly to cast a vote against Garcia Pimentel in his book stressed that the substantive content of a vote of lack of confidence is beyond any inquiry – a political question (as held in Evardone vs COMELEC) The proposal will still be passed upon by the sovereign electorate of Bataan – yet to be expressed. It is premature to conclude that the will has been subverted. If electorate re-elects him, the proposal to recall is rejected. If they do not, then he has lost the confidence of the people which he once enjoyed Conclusion: The alternative mode of initiating recall proceedings thru a PRA is an innovative attempt by Congress to remove impediments to the effective exercise by the people of their sovereign power to check the performance of their elected officials. The power to determine this mode was specifically given to Congress and is not proscribed by the Constitution.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Paras vs. COMELEC (1996) Facts: Petition for recall of Paras as Punong Barangay (elected last 1994 regular barangay elections) was filed by the registered voters of the barangay. COMELEC approved the petition and scheduled the petition signing on October14, 1995 and set the recall election on Nov13, 1995. At least 29.30% of registered voters signed the petition (above the required 25%). Paras opposed so recall election was deferred by COMELEC to Dec16, 1995. COMELEC rescheduled recall election on Jan13, 1996. Held: There can still be a recall election even with the 4months that separate the recall election from the upcoming SK elections. Evident intent of Sec74 of LGC14 is to subject an elective local official to recall election once during his term of office. Paragraph (b) construed together with paragraph (a) merely designates the period when such elective official may be subject of a recall election, that is, during the 2nd year of his term of office. Thus, subscribing to Paras’ interpretation of the phrase regular local election to include the SK election will unduly circumscribe the novel provision of the LGC on recall, a mode of removal of public officers by initiation of the people before the end of his term.  If the SK election were to be deemed within the purview of the phrase “regular local election” (to be held every 3years from May1996), then no recall election can be conducted rendering inutile the recall provision of the LGC. It is a basic precept of stat con that a statute should be interpreted in harmony with the Constitution. Interpretation of Sec74(b), LGC should not be in conflict with Consti mandate of Sec3, ArtX to “enact a LGC which shall provide for a more responsive and accountable local gov structure instituted through a system of decentralization with effective mechanisms of recall, initiative, and referendum xxx” Rrecall election is potentially disruptive of the normal working of the LGU necessitating additional expenses, hence the prohibition against the conduct of recall election 1year immediately preceding the regular local election. The proscription is due to the proximity of the next regular election for the office of the local elective official concerned. Electorate could choose the official’s replacement in the said election who certainly has a longer tenure in office than a successor elected through a recall election. Therefore, it would be more in keeping with the intent of the recall provision of the Code to construe regular local election as one referring to an election where the office held by the local elective 14

Sec74: Limitations on Recall – (a) Any elective official may be the subject of a recall election only once during his term of office for loss of confidence. (b) No recall shall take place within 1year from the date of the official’s assumption to office or 1year immediately preceding a regular local election.

CA VE AT:

- 182 official sought to be recalled will be contested and be filled by the electorate. However, recall is no longer possible in CAB because of the limitation under Sec74(b) – the next regular election involving the barangay office concerned is barely 7months away (scheduled on May1997). CONCURRING: Davide SK election is not a regular local election for purposes of recall under Sec74, LGC. The term “regular local election” must be confined to the regular election of local elective officials15, as distinguished from the regular election of national officials (President, VP, Senators and Congressmen). The officials enumerated under footnote are the only local elective officials deemed recognized by Sec2(2) of ArtIX-C of Constitution (COMELEC’s power and exclusive original jurisdiction over all contests relating to elections, returns, and qualifications of all elective regional, provincial, and city officials, and appellate jurisdiction over all contests involving elective municipal officials decided by RTCs of general jurisdiction, or involving elective barangay officials decided by trial courts of limited jurisdiction). A regular election (local or national) can only refer to an election participated in by those who possess the right of suffrage, are not otherwise disqualified by law, and who are registered voters. One of the requirements for exercise of suffrage under Sec1, ArtV of Consti is that the person must be at least 18years of age, and one requisite before he can vote is that he be a registered voter pursuant to the rules on registration prescribed in the Omnibus Election Code (Sec113-118) Under the law, SK includes the youth with ages ranging from 15-21 (Sec424, LGC). Accordingly, they include many who are not qualified to vote in a regular election – those from ages 15 to less than 18. In no manner then may SK elections be considered a regular election. SK is nothing more than a youth organization. Although fully recognized in LGC and vested with certain powers and functions, its elective officials have not attained the status of local elective officials. Angobung vs. COMELEC (1997) Facts: De Alban filed with the Local Election Registrar a Petition for Recall against Angobung (elected Mayor in 1995), who received a copy of this petition. Subsequently said petition was forwarded to the Regional Office and then to the main office of COMELEC for approval. Acting on the petition, Deputy Executive Director for Operations Joson submitted to the COMELEC En Banc, a Memorandum recommending approval of the petition for recall (note: recall petition was signed only by 1 registered voter-respondent De Alban) and its signing by other qualified voters in order to garner at least 25% of the total number of registered voters as required by Section 69(d) of 1991 LGC. COMELEC en banc issued the 15

(Prov. Gov, Vice-Gov, Mayors, Vice-Mayors, members of Sanggunians, punong barangays and members of sangguniang barangays, and elective regional officials of autonomous regions)

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER assailed resolution approving recall petition and set further signing of registered voters. Held: 1. COMELEC Resolution is not violative of the 1year ban for being scheduled within 1year from 1997 Barangay Elections. In construing the meaning of the term, "regular local election" in Section 74 of the Local Government Code of 1991 which provides that "no recall shall take place within one (1) year . . . immediately preceding a regular local election," SC ruled in PARAS v COMELEC, that for the time bar to apply, the approaching regular local election must be one where the position of the official to be recalled, is to be actually contested and filled by the electorate. 2.

The COMELEC Resolution approving the Petition for Recall signed by just one person is invalid for failure to comply with the statutory 25% minimum. In Sanchez and Evardone, the COMELEC-prescribed procedure of (1) allowing the recall petition to be filed by at least one person or by less than 25% of the total number of registered voters and then (2) inviting voters to sign said petition on a date set for that purpose, was never put to issue. Section 69 (d) of 1991 LGC is plain and unequivocal as to what initiates recall proceedings: only a petition of at least 25% of the total number of registered voters, may validly initiate recall proceedings. This is understandable, since the signing of the petition is statutorily required to be undertaken "before the election registrar or his representative, and in the presence of a representative of the official sought to be recalled, and in a public place in the . . . municipality . . ." Hence, while the initiatory recall petition may not yet contain the signatures of at least 25% of the total number of registered voters, the petition must contain the names of at least 25% of the total number of registered voters in whose behalf only one person may sign the petition in the meantime. Our legislators did not peg the voter requirement at 25% out of caprice or in a vacuum. While recall was intended to be an effective and speedy remedy to remove an official who is not giving satisfaction to the electorate regardless of whether or not he is discharging his full duty to the best of his ability and as his conscience dictates, it is a power granted to the people who, in concert, desire to change their leaders for reasons only they, as a collective, can justify.

- 183 -

Held: 1. COMELEC had conducted an investigation on the notices contrary to Solicitor General’s claim. The matter of validity of notices to the members of the Preparatory Recall Assembly was sufficiently considered by the respondent Commission. In response to petitioner's request for a technical examination of the recall documents, the COMELEC directed its Election Records and Statistics Department (ERSD) to resolve the matter of notices sent to the Preparatory Recall Assembly members. The ERSD in turn performed its task and reported its findings to the COMELEC. Needless to state, the issue of propriety of the notices sent to the PRA members is factual in nature, and the determination of the same is therefore a function of the COMELEC. In the absence of patent error, or serious inconsistencies in the findings, the Court should not disturb the same. The factual findings of the COMELEC, based on its own assessments and duly supported by gathered evidence, are conclusive upon the court, more so, in the absence of a substantiated attack on the validity of the same. Moreover, to order the COMELEC to repeat the process of determining the notices' propriety would be sanctioning a recycling of administrative functions, entailing added cost and waste of effort. 2.

It is not the Liga ng mga Barangay which initiated the recall and convened as the PRA. The Liga ng mga Barangay is undoubtedly an entity distinct from the Preparatory Recall Assembly. It just so happens that the personalities representing the barangays in the Liga are the very members of the Preparatory Recall Assembly, the majority of whom met and voted in favor of the resolution calling for the recall of Mayor Malonzo, after deliberation reported, in the record in accordance with the existing law. Thus, the Punong Barangays and Sangguniang Barangay members conveyed and voted as members of the Preparatory Recall Assembly of the City of Caloocan, and not as members of the Liga ng mga Barangay. The recall proceedings, therefore, cannot be denied merit on this ground. The charges of graft and corruption, violence and irregularities, before and during the session of the preparatory recall assembly are largely uncorroborated, and cannot override the substantiated findings of the respondent COMELEC.

Jariol vs. COMELEC (1997) Malonzo vs. COMELEC (1997) Facts: PRA Resolution expressing loss of confidence in Mayor Malonzo and calling for initiation of recall proceedings against him was filed with COMELEC. Malonzo filed a Petition with the respondent Commission alleging, principally, that the recall process was deficient in form and substance, and therefore, illegally initiated. The COMELEC found the petition devoid of merit and declared the recall proceedings to be in order.

CA VE AT:

Facts: COMELEC issued Resolution No 2879 which adopted the calendar of activities for the recall election of the mayor, vice-mayor and 6 members of the Sangguniang Bayan of Basilisa. Petitioners filed present action assailing the COMELEC Resolution. They claim that the recall election is scheduled within 1year immediately preceding a regular election of barangay officials. Held: COMELEC did not commit Grave Abuse of Discretion.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Petitioners failed to exhaust administrative remedies. Petitioners should have 1st moved for reconsideration before filing the special civil action for certiorari under Rule 65 ROC. COMELEC performed a purely administrative function when it promulgated the resolution. A party aggrieved thereby must not merely initiate the prescribed administrative procedure to obtain relief, but must also pursue it to its appropriate conclusion before seeking judicial intervention. This is to give the administrative agency the opportunity to decide the matter by itself correctly and prevent unnecessary and premature resort to the court. COMELEC cannot be said to have acted with GAD when it issued the decision relying on the Report of its Municipal Election Officer. The scheduled barangay election on May 12 1997 is not the regular election contemplated in Sec 74(b) of the LGC whose conduct is the basis for computing the 1-yr. prohibited period. “Regular local election” means the election where the office held by the local elective official sought to be recalled could be contested and be filled by the electorate. Election on May 12, 1997 is the election for barangay officials. The 1 year prohibitive period should be counted from the date of election for mayor, v-mayor and SB members which are the positions held by the petitioners.

Claudio vs. COMELEC; PRA vs. COMELEC (2000) FACTS: May 1999 - Chairs of several barangays in Pasay gathered to discuss the possibility of filing a petition for recall against Mayor Claudio for loss of confidence. Ad hoc committee was formed for the purpose of convening the PRA. Advincula was designated as chair. May 29 – members of the PRA adopted Resolution No. 01 which provides for the initiation of recall proceedings against Mayor Claudio. July 2 – petition for recall filed with COMELEC. It was opposed. COMELEC granted petition for recall. Held: 1. The word “recall” in Sec74(b) of LGC does not include the convening of the PRA and the filing of the recall resolution. The term “recall” as used in Sec 74 LGC refers to the election itself by means of which voters decide whether they should retain their local official or elect his replacement. a. Since the power vested on the electorate is not the power to initiate recall proceedings but the power to elect an official into office, the limitations in Sec 74 cannot be deemed to apply to the entire recall proceedings. There is therefore no legal limit on the no. of times such PRAs may be held. These are merely preliminary steps for the purpose of initiating a recall. It is not the recall itself. If these preliminary steps do not produce a decision by the electorate, then the prohibition in Sec 74 does not apply. b. The purpose of the limitation that no recall shall take place within 1 yr. from the date of assumption of office is to provide

CA VE AT:

- 184 a reasonable basis for judging the performance of an elective local official. As long as the election is held outside the 1 yr period, the preliminary proceedings to initiate recall can be held even before said period ends. c. To construe that the term “recall” includes the convening of the PRA would be to unduly restrict the constitutional right of free speech and assembly of its members. The people cannot be asked to decide on the performance of their officials on the day of the election itself. As the recall election is set on April 15, there is no bar to its being held on that date. Justice Puno’s dissent – 1. purpose of the 1yr. period in par (b) is to provide the local official concerned a period of repose during which his attention should not be distracted by any impediment. Majority – The law cannot provide for a period of honeymoon or moratorium in politics. 2.

judgments of PRAs are not as politically unassailable as recalls initiated directly by the people. Majority – it is no disparagement of the PRA that in the ensuing election the local official whose recall is sought is actually reelected. - the question here is not whether recalls initiated by 25% of the voters are better. 2.

The phrase “regular local election” in Sec74(b) does not include the election period for that regular election. The law is unambiguous that no recall shall take place within 1 yr. immediately preceding a regular local election. Had Congress intended this limitation to refer to the campaign period, it could have expressly said so. To uphold Petitioner’s interpretation would be to severely limit and decrease the period during which a recall election may be held from 9 months and 15 days to 8 months. 3.

The Recall Resolution was signed by a majority of the PRA and was duly verified. Claim is being raised for the 1 st time. Although the word attendance appears at the top of the page, it is apparent that it was written by mistake because it was crossed out by 2 parallel lines. It is absurd to believe that the 74 members of the PRA who signed the recall resolution signified their attendance twice. J. PUNO dissent: To allow early recall initiative is to encourage divisive, expensive, wasteful politics. The reasoning of the majority is based on the misleading perception that the only participation of the people in recall is on election day when they cast their votes. But their role is not so limited as they participate in the initiation of the recall process. Initiation by the PRA is also initiation by the people albeit done indirectly through their representatives. It does not follow that during the 1-yr waiting period, the people’s freedom of speech and assembly are suspended. These rights are in no way restricted during said period.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER The limitations in Sec 74 should be strictly followed considering the short 3-yr term of office of local officials. The majority decision failed to recognize the need for stability of a public office. J. KAPUNAN dissent and separate opinion: Recall is a process which begins once the PRA makes its 1 st affirmative act towards the recall of the elective local official. The Garcia case cited by the majority even describes recall as a process. Since our form of govt. is a representative democracy, it cannot be claimed that the initiation of the recall process by the PRA is not an initiation by the people. Senator Pimentel, the main author of the LGC, used the phrase “move to recall” in his book which connotes a progressive course of action or a step-by-step process. An exercise of the right to peaceably assemble and exchange views about the governance of local officials does not violate the proscription in Sec 74

- 185 -

Even if the PRA were to reconvene to adopt another resolution for the recall of Navarro as mayor, the same would still not prosper in view of Sec. 74 (b): No recall shall take place within 1 year from the date of the official’s assumption to office or 1 year immediately preceding a regular local election. There is no more allowable time within which to hold recall elections. Navarro assumed office on Oct. 1999. One year after her assumption of office as mayor will be Oct. 2000 which is already within the 1-year prohibited period immediately preceding the next regular election in May 2001.

DanGat Notes: If absence of mayor is only by virtue of a temporary vacancy, resolution of PRA may still be valid since the Acting Mayor would still be Vice-Mayor after resumption of office of the Mayor.

Afiado vs. COMELEC (2000) Facts: Election and proclamation of Miranda as Mayor of Santiago City was annulled so duly-elected Vice-Mayor Navarro became the new Mayor by virtue of the law of succession. PRA was constituted. It then passed and adopted PRA Resolution No.1 for the recall of Vice-Mayor Navarro. Held: An elective official who became city mayor by legal succession cannot be the subject of a recall election by virtue of a PRA Resolution adopted when the elective official was still vicemayor. The assumption by legal succession of Navarro as the new mayor is a supervening event which rendered the recall proceeding against her moot and academic. The person subject of the recall process is a specific elective official in relation to her specific office. The said resolution is replete with statements, which leave no doubt that the purpose of the assembly was to recall Navarro as VM for her official acts as VM. o Title suggests that the recall is intended for the incumbent VM. o The 3rd para. Recounted “the official acts of VM Navarro that brought forth the loss of confidence in her capacity and fitness to discharge the duties and to perform the functions of her public office.” o Because of such acts, the assembly “RESOLVED to invoke the rescission of the electoral mandate of the incumbent VM.” The intent of the PRA as expressed in the resolution is to remove Navarro as VM for they already lost their confidence in her by reason of her official acts as such. To recall then, Navarro when she is already the incumbent mayor is to deviate from the expressed will of the PRA. She had already vacated the office of VM. Having thus succeeded to the position of mayor, Navarro was placed beyond the reach of the effects of the PRA resolution.

CA VE AT:

Hunting the Elusive G-Spot (Part5): Many women find G-Spot stimulation easier and more pleasurable in positions other than on their backs. Try rolling over on your stomach or getting on all fours. Women don't usually enjoy penetration until they are somewhat aroused. Engage in whatever foreplay you find arousing: touching, kissing, stroking, oral sex, talking ... whatever works for you. GSpot stimulation should come at the middle or the end of your sexual play, not at the beginning. Use lubrication when you're ready for digital penetration, even if your body is already producing natural lubrication, which can often run dry at an inopportune moment. You might also consider purchasing one of the many sex toys designed specifically for G-Spot stimulation. That's all there is to it. No magic. Some women can have an orgasm from G-Spot stimulation alone. Some say it increases the strength of their orgasms or allows them to be multi-orgasmic. A few even say that stimulation leads to ejaculation. Others actively dislike stimulation of the area. Experiment and see what feels good to you or your partner. Most of all, have fun. And don't forget -- if you enjoy G-Spot stimulation, be sure to teach your partner how to find it and what to do with it! (end)

Human Resources Development – LGC Sec76. Organizational Structure and Staffing Pattern. — Every local government unit shall design and implement its own organizational structure and staffing pattern taking into consideration its service requirements and financial capability, subject to the minimum standards and guidelines prescribed by the Civil Service Commission.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Sec77. Responsibility for Human Resources and Development. — The chief executive of every local government unit shall be responsible for human resources and development in his unit and shall take all personnel actions in accordance with the Constitutional provisions on civil service, pertinent laws, and rules and regulations thereon, including such policies, guidelines and standards as the Civil Service Commission may establish: Provided, That the local chief executive may employ emergency or casual employees or laborers paid on a daily wage or piecework basis and hired through job orders for local projects authorized by the sanggunian concerned, without need of approval or attestation by the Civil Service Commission: Provided, further, That the period of employment of emergency or casual laborers as provided in this Section shall not exceed six (6) months. The Joint Commission on Local Government Personnel Administration organized pursuant to Presidential Decree Numbered Eleven Hundred thirty-six (P.D. No. 1136) is hereby abolished and its personnel, records, equipment and other assets transferred to the appropriate office in the Civil Service Commission. Sec78. Civil Service Law, Rules and Regulations, and Other Related Issuances. — All matters pertinent to human resources and development in local government units shall be governed by the civil service law and such rules and regulations and other issuances promulgated pursuant thereto, unless otherwise specified in this Code. Sec79. Limitation to Appointments. — No person shall be appointed in the career service of the local government if he is related within the fourth civil degree of consanguinity or affinity to the appointing or recommending authority. Sec80. Public Notice of Vacancy; Personnel Selection Board. (a) Whenever a local executive decides to fill a vacant career position, there shall be posted notices of the vacancy in at least three (3) conspicuous public places in the local government unit concerned for a period of not less than fifteen (15) days. (b) There shall be established in every province, city or municipality a personnel selection board to assist the local chief executive in the judicious and objective selection or personnel for employment as well as for promotion, and in the formulation of such policies as would contribute to employee welfare. (c) The personnel selection board shall be headed by the local chief executive, and its members shall be determined by resolution of the sanggunian concerned. A representative of the Civil Service Commission, if any, and the personnel officer of the local government unit concerned shall be ex officio members of the board. Sec81. Compensation of Local Officials and Employees. — The compensation of local officials and personnel shall be determined by the sanggunian concerned: Provided, That the increase in compensation of elective local officials shall take effect only after the terms of office of those approving such

CA VE AT:

- 186 increase shall have expired: Provided, further, That the increase in compensation of the appointive officials and employees shall take effect as provided in the ordinance authorizing such increase: Provided, however, That said increases shall not exceed the limitations on budgetary allocations for personal services provided under Title Five, Book II of this Code: Provided, finally, That such compensation may be based upon the pertinent provisions of R.A. No 6758, otherwise known as the "Compensation and Position Classification Act of 1989". The punong barangay, the sangguniang barangay member, the sangguniang kabataan chairman, the barangay treasurer, and the barangay secretary shall be entitled to such compensation, allowances, emoluments, and such other privileges as provided under Title One Book III of this Code. Elective local officials shall be entitled to the same leave privileges as those enjoyed by appointive local officials, including the cumulation and commutation thereof.

Sec82. Resignation of Elective Local Officials. — (a) Resignations by elective local officials shall be deemed effective only upon acceptance by the following authorities: (1) The President, in the case of governors, vice-governors, and mayors and vice-mayors of highly urbanized cities and independent component cities; (2) The governor, in the case of municipal mayors, municipal vice-mayors, city mayors and city vice-mayors of component cities; (3) The sanggunian concerned, in the case of sanggunian members; and (4) The city or municipal mayor, in the case of barangay officials. (b) Copies of the resignation letters of elective local officials, together with the action taken by the aforesaid authorities, shall be furnished the Department of the Interior and Local Government. (c) The resignation shall be deemed accepted if not acted upon by the authority concerned within fifteen (15) days from receipt thereof. (d) Irrevocable resignations by sanggunian members shall be deemed accepted upon presentation before an open session of the sanggunian concerned and duly entered in its records: Provided, however, That this subsection does not apply to sanggunian members who are subject to recall elections or to cases where existing laws prescribed the manner of acting upon such resignations. Sec83. Grievance Procedure. — In every local government unit, the local chief executive shall establish a procedure to inquire into, act upon, resolve or settle complaints and grievances presented by local government employees. Sec84. Administrative Discipline. — Investigation and adjudication of administrative complaints against appointive local officials and employees as well as their suspension and removal shall be in accordance with the civil service law and rules and other pertinent laws. The results of such administrative investigations shall be reported to the Civil Service Commission.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Sec85. Preventive Suspension of Appointive Local Officials and Employees. — (a) The local chief executives may preventively suspend for a period not exceeding sixty (60) days and subordinate official or employee under his authority pending investigation if the charge against such official or employee involves dishonesty, oppression or grave misconduct or neglect in the performance of duty, or if there is reason to believe that the respondent is guilty of the charges which would warrant his removal from the service. (b) Upon expiration of the preventive suspension, the suspended official or employee shall be automatically reinstated in office without prejudice to the continuation of the administrative proceedings against him until its termination. If the delay in the proceedings of the case is due to the fault, neglect or request of the respondent, the time of the delay shall not be counted in computing the period of suspension herein provided. Sec86. Administrative Investigation. — In any local government unit, administrative investigation may be conducted by a person or a committee duly authorized by the local chief executive. Said person or committee shall conduct hearings on the cases brought against appointive local officials and employees and submit their findings and recommendations to the local chief executive concerned within fifteen (15) days from the conclusion of the hearings. The administrative cases herein mentioned shall be decided within ninety (90) days from the time the respondent is formally notified of the charges. Sec87. Disciplinary Jurisdiction. — Except as otherwise provided by law, the local chief executive may impose the penalty of removal from service, demotion in rank, suspension for not more than one (1) year without pay, fine in an amount not exceeding six (6) months salary, or reprimand and otherwise discipline subordinate officials and employees under his jurisdiction. If the penalty imposed is suspension without pay for not more than thirty (30) days, his decision shall be final. If the penalty imposed is heavier than suspension of thirty (30) days, the decision shall be appealable to the Civil Service Commission, which shall decide the appeal within thirty (30) days from receipt thereof. Sec88. Execution Pending Appeal. — An appeal shall not prevent the execution of a decision of removal or suspension of a respondent-appellant. In case the respondent-appellant is exonerated, he shall be reinstated to his position with all the rights and privileges appurtenant thereto from the time he had been deprived thereof. Sec89. Prohibited Business and Pecuniary Interest. — (a) It shall be unlawful for any local government official or employee, directly or indirectly, to: (1) Engage in any business transaction with the local government unit in which he is an official or employee or over which he has the power of supervision, or with any of its authorized boards, officials, agents, or attorneys, whereby money is to be paid, or property or any other

CA VE AT:

- 187 thing of value is to be transferred, directly or indirectly, out of the resources of the local government unit to such person or firm; (2) Hold such interests in any cockpit or other games licensed by a local government unit; (3) Purchase any real estate or other property forfeited in favor of such local government unit for unpaid taxes or assessment, or by virtue of a legal process at the instance of the said local government unit; (4) Be a surety for any person contracting or doing business with the local government unit for which a surety is required; and (5) Possess or use any public property of the local government unit for private purposes. (b) All other prohibitions governing the conduct of national public officers relating to prohibited business and pecuniary interest so provided for under Republic Act Numbered Sixty-seven thirteen (R.A. No. 6713) otherwise known as the "Code of Conduct and Ethical Standards for Public Officials and Employees" and other laws shall also be applicable to local government officials and employees.

Sec90. Practice of Profession. — (a) All governors, city and municipal mayors are prohibited from practicing their profession or engaging in any occupation other than the exercise of their functions as local chief executives. (b) Sanggunian members may practice their professions, engage in any occupation, or teach in schools except during session hours: Provided, That sanggunian members who are also members of the Bar shall not: (1) Appear as counsel before any court in any civil case wherein a local government unit or any office, agency, or instrumentality of the government is the adverse party; (2) Appear as counsel in any criminal case wherein an officer or employee of the national or local government is accused of an offense committed in relation to his office. (3) Collect any fee for their appearance in administrative proceedings involving the local government unit of which he is an official; and (4) Use property and personnel of the government except when the sanggunian member concerned is defending the interest of the government. (c) Doctors of medicine may practice their profession even during official hours of work only on occasions of emergency: Provided, That the officials concerned do not derive monetary compensation therefrom. Sec91. Statement of Assets and Liabilities. — (a) Officials and employees of local government units shall file sworn statements of assets, liabilities and net worth, lists of relatives within the fourth civil degree of consanguinity or affinity in government service, financial and business interests, and personnel data sheets as required by law. Sec92. Oath of Office. — (a) All elective and appointive local officials and employees shall, upon assumption to office, subscribe to an oath or affirmation of office in the prescribed

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER form. The oath or affirmation of office shall be filed with the office of the local chief executive concerned. A copy of the oath or affirmation of office of all elective and appointive local officials and employees shall be preserved in the individual personal records file under the custody of the personnel office, division, or section of the local government unit concerned. Sec93. Partisan Political Activity. — No local official or employee in the career civil service shall engage directly or indirectly in any partisan political activity or take part in any election, initiative, referendum, plebiscite, or recall, except to vote, nor shall he use his official authority or influence to cause the performance of any political activity by any person or body. He may, however, express his views on current issues, or mention the names of certain candidates for public office whom he supports. Elective local officials may take part in partisan political and electoral activities, but it shall be unlawful for them to solicit contributions from their subordinates or subject these subordinates to any of the prohibited acts under the Omnibus Election Code. Sec94. Appointment of Elective and Appointive Local Officials; Candidates Who Lost in an Election. — (a) No elective or appointive local official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure. Unless otherwise allowed by law or by the primary functions of his position, no elective or appointive local official shall hold any other office or employment in the government or any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries. Sec95. Additional or Double Compensation. — No elective or appointive local official or employee shall receive additional, double, or indirect compensation, unless specifically authorized by law, nor accept without the consent of Congress, any present, emoluments, office, or title of any kind from any foreign government. Pensions or gratuities shall not be considered as additional, double, or indirect compensation. Sec96. Permission to Leave Station. — (a) Provincial, city, municipal, and barangay appointive officials going on official travel shall apply and secure written permission from their respective local chief executives before departure. The application shall specify the reasons for such travel, and the permission shall be given or withheld based on considerations of public interest, financial capability of the local government unit concerned and urgency of the travel. Should the local chief executive concerned fall to act upon such application within four (4) working days from receipt thereof, it shall be deemed approved. (b) Mayors of component cities and municipalities shall secure the permission of the governor concerned for any travel outside the province. (c) Local government officials traveling abroad shall notify their respective sanggunian: Provided, That when the period of travel extends to more than three (3) months, during periods of

CA VE AT:

- 188 emergency or crisis or when the travel involves the use of public funds, permission from the Office of the President shall be secured. (d) Field officers of national agencies or offices assigned in provinces, cities, and municipalities shall not leave their official stations without giving prior written notice to the local chief executive concerned. Such notice shall state the duration of travel and the name of the officer whom he shall designate to act for and in his behalf during his absence.

Sec97. Annual Report. — On or before March 31 of each year, every local chief executive shall submit an annual report to the sanggunian concerned on the socio-economic, political and peace and order conditions, and other matters concerning the local government unit, which shall cover the immediately preceding calendar year. A copy of the report shall be forwarded to the Department of the Interior and Local Government. Component cities and municipalities shall likewise provide the sangguniang panlalawigan copies of their respective annual reports.

RA 6713 (1989) – Code of Conduct and Ethical Standards for Public Officials and Employees Sec2. Declaration of Policies. — It is the policy of the State to promote a high standard of ethics in public service. Public officials and employees shall at all times be accountable to the people and shall discharge their duties with utmost responsibility, integrity, competence, and loyalty, act with patriotism and justice, lead modest lives, and uphold public interest over personal interest. Sec3. Definition of Terms. — As used in this Act, the term: (a) "Government" includes the National Government, the local governments, and all other instrumentalities, agencies or branches of the Republic of the Philippines including government-owned or controlled corporations, and their subsidiaries. (b) "Public Officials" includes elective and appointive officials and employees, permanent or temporary, whether in the career or non-career service, including military and police personnel, whether or not they receive compensation, regardless of amount. (c) "Gift" refers to a thing or a right to dispose of gratuitously, or any act or liberality, in favor of another who accepts it, and shall include a simulated sale or an ostensibly onerous disposition thereof. It shall not include an unsolicited gift of nominal or insignificant value not given in anticipation of, or in exchange for, a favor from a public official or employee. (d) "Receiving any gift" includes the act of accepting directly or indirectly, a gift from a person other than a member of his family or relative as defined in this Act, even on the occasion of a family celebration or national festivity like Christmas, if the value of the gift is neither nominal nor insignificant, or the gift is given in anticipation of, or in exchange for, a favor.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER (e) "Loan" covers both simple loan and commodatum as well as guarantees, financing arrangements or accommodations intended to ensure its approval. (f) "Substantial stockholder" means any person who owns, directly or indirectly, shares of stock sufficient to elect a director of a corporation. This term shall also apply to the parties to a voting trust. (g) "Family of public officials or employees" means their spouses and unmarried children under eighteen (18) years of age. (h) "Person" includes natural and juridical persons unless the context indicates otherwise. (i) "Conflict of interest" arises when a public official or employee is a member of a board, an officer, or a substantial stockholder of a private corporation or owner or has a substantial interest in a business, and the interest of such corporation or business, or his rights or duties therein, may be opposed to or affected by the faithful performance of official duty. (j) "Divestment" is the transfer of title or disposal of interest in property by voluntarily, completely and actually depriving or dispossessing oneself of his right or title to it in favor of a person or persons other than his spouse and relatives as defined in this Act. (k) "Relatives" refers to any and all persons related to a public official or employee within the fourth civil degree of consanguinity or affinity, including bilas, inso and balae. Sec4. Norms of Conduct of Public Officials and Employees. — (A) Every public official and employee shall observe the following as standards of personal conduct in the discharge and execution of official duties: (a) Commitment to public interest. — Public officials and employees shall always uphold the public interest over and above personal interest. All government resources and powers of their respective offices must be employed and used efficiently, effectively, honestly and economically, particularly to avoid wastage in public funds and revenues. (b) Professionalism. — Public officials and employees shall perform and discharge their duties with the highest degree of excellence, professionalism, intelligence and skill. They shall enter public service with utmost devotion and dedication to duty. They shall endeavor to discourage wrong perceptions of their roles as dispensers or peddlers of undue patronage. (c) Justness and sincerity. — Public officials and employees shall remain true to the people at all times. They must act with justness and sincerity and shall not discriminate against anyone, especially the poor and the underprivileged. They shall at all times respect the rights of others, and shall refrain from doing acts contrary to law, good morals, good customs, public policy, public order, public safety and public interest. They shall not dispense or extend undue favors on account of their office to their relatives whether by consanguinity or affinity except with respect to appointments of such relatives to positions considered strictly confidential or as

CA VE AT:

- 189 members of their personal staff whose terms are coterminous with theirs. (d) Political neutrality. — Public officials and employees shall provide service to everyone without unfair discrimination and regardless of party affiliation or preference. (e) Responsiveness to the public. — Public officials and employees shall extend prompt, courteous, and adequate service to the public. Unless otherwise provided by law or when required by the public interest, public officials and employees shall provide information of their policies and procedures in clear and understandable language, ensure openness of information, public consultations and hearings whenever appropriate, encourage suggestions, simplify and systematize policy, rules and procedures, avoid red tape and develop an understanding and appreciation of the socio-economic conditions prevailing in the country, especially in the depressed rural and urban areas. (f) Nationalism and patriotism. — Public officials and employees shall at all times be loyal to the Republic and to the Filipino people, promote the use of locally produced goods, resources and technology and encourage appreciation and pride of country and people. They shall endeavor to maintain and defend Philippine sovereignty against foreign intrusion. (g) Commitment to democracy. — Public officials and employees shall commit themselves to the democratic way of life and values, maintain the principle of public accountability, and manifest by deeds the supremacy of civilian authority over the military. They shall at all times uphold the Constitution and put loyalty to country above loyalty to persons or party. (h) Simple living. — Public officials and employees and their families shall lead modest lives appropriate to their positions and income. They shall not indulge in extravagant or ostentatious display of wealth in any form. (B) The Civil Service Commission shall adopt positive measures to promote (1) observance of these standards including the dissemination of information programs and workshops authorizing merit increases beyond regular progression steps, to a limited number of employees recognized by their office colleagues to be outstanding in their observance of ethical standards; and (2) continuing research and experimentation on measures which provide positive motivation to public officials and employees in raising the general level of observance of these standards.

Sec5. Duties of Public Officials and Employees. — In the performance of their duties, all public officials and employees are under obligation to: (a) Act promptly on letters and requests. — All public officials and employees shall, within fifteen (15) working days from receipt thereof, respond to letters, telegrams or other means of communications sent by the public. The reply must contain the action taken on the request.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER (b) Submit annual performance reports. — All heads or other responsible officers of offices and agencies of the government and of government-owned or controlled corporations shall, within forty-five (45) working days from the end of the year, render a performance report of the agency or office or corporation concerned. Such report shall be open and available to the public within regular office hours. (c) Process documents and papers expeditiously. — All official papers and documents must be processed and completed within a reasonable time from the preparation thereof and must contain, as far as practicable, not more than three (3) signatories therein. In the absence of duly authorized signatories, the official next-in-rank or officer in charge shall sign for and in their behalf. (d) Act immediately on the public's personal transactions. — All public officials and employees must attend to anyone who wants to avail himself of the services of their offices and must, at all times, act promptly and expeditiously. (e) Make documents accessible to the public. — All public documents must be made accessible to, and readily available for inspection by, the public within reasonable working hours. Sec6. System of Incentives and Rewards. — A system of annual incentives and rewards is hereby established in order to motivate and inspire public servants to uphold the highest standards of ethics. For this purpose, a Committee on Awards to Outstanding Public Officials and Employees is hereby created composed of the following: the Ombudsman and Chairman of the Civil Service Commission as Co-Chairmen, and the Chairman of the Commission on Audit, and two government employees to be appointed by the President, as members. It shall be the task of this Committee to conduct a periodic, continuing review of the performance of public officials and employees, in all the branches and agencies of Government and establish a system of annual incentives and rewards to the end that due recognition is given to public officials and employees of outstanding merit on the basis of the standards set forth in this Act. The conferment of awards shall take into account, among other things, the following: the years of service and the quality and consistency of performance, the obscurity of the position, the level of salary, the unique and exemplary quality of a certain achievement, and the risks or temptations inherent in the work. Incentives and rewards to government officials and employees of the year to be announced in public ceremonies honoring them may take the form of bonuses, citations, directorships in government-owned or controlled corporations, local and foreign scholarship grants, paid vacations and the like. They shall likewise be automatically promoted to the next higher position with the commensurate salary suitable to their qualifications. In case there is no next higher position or it is not vacant, said position shall be included in the budget of the office in the next General Appropriations Act. The Committee on Awards shall adopt its own rules to govern the conduct of its activities. Sec7. Prohibited Acts and Transactions. — In addition to acts and omissions of public officials and employees now prescribed in the Constitution and existing laws, the following shall

CA VE AT:

- 190 constitute prohibited acts and transactions of any public official and employee and are hereby declared to be unlawful: (a) Financial and material interest. — Public officials and employees shall not, directly or indirectly, have any financial or material interest in any transaction requiring the approval of their office. (b) Outside employment and other activities related thereto. — Public officials and employees during their incumbency shall not: (1) Own, control, manage or accept employment as officer, employee, consultant, counsel, broker, agent, trustee or nominee in any private enterprise regulated, supervised or licensed by their office unless expressly allowed by law; (2) Engage in the private practice of their profession unless authorized by the Constitution or law, provided, that such practice will not conflict or tend to conflict with their official functions; or (3) Recommend any person to any position in a private enterprise which has a regular or pending official transaction with their office. These prohibitions shall continue to apply for a period of one (1) year after resignation, retirement, or separation from public office, except in the case of subparagraph (b) (2) above, but the professional concerned cannot practice his profession in connection with any matter before the office he used to be with, in which case the one-year prohibition shall likewise apply. (c) Disclosure and/or misuse of confidential information. — Public officials and employees shall not use or divulge, confidential or classified information officially known to them by reason of their office and not made available to the public, either: (1) To further their private interests, or give undue advantage to anyone; or (2) To prejudice the public interest. (d) Solicitation or acceptance of gifts. — Public officials and employees shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan or anything of monetary value from any person in the course of their official duties or in connection with any operation being regulated by, or any transaction which may be affected by the functions of their office. As to gifts or grants from foreign governments, the Congress consents to: (i) The acceptance and retention by a public official or employee of a gift of nominal value tendered and received as a souvenir or mark of courtesy; (ii) The acceptance by a public official or employee of a gift in the nature of a scholarship or fellowship grant or medical treatment; or (iii) The acceptance by a public official or employee of travel grants or expenses for travel taking place entirely outside the Philippine (such as allowances, transportation, food, and lodging) of more than nominal value if such acceptance is appropriate or consistent with the interests of the Philippines, and permitted by the head of office, branch or agency to which he belongs.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER The Ombudsman shall prescribe such regulations as may be necessary to carry out the purpose of this subsection, including pertinent reporting and disclosure requirements. Nothing in this Act shall be construed to restrict or prohibit any educational, scientific or cultural exchange programs subject to national security requirements. Sec8. Statements and Disclosure. — Public officials and employees have an obligation to accomplish and submit declarations under oath of, and the public has the right to know, their assets, liabilities, net worth and financial and business interests including those of their spouses and of unmarried children under eighteen (18) years of age living in their households. (A) Statements of Assets and Liabilities and Financial Disclosure. — All public officials and employees, except those who serve in an honorary capacity, laborers and casual or temporary workers, shall file under oath their Statement of Assets, Liabilities and Net Worth and a Disclosure of Business Interests and Financial Connections and those of their spouses and unmarried children under eighteen (18) years of age living in their households. The two documents shall contain information on the following: (a) real property, its improvements, acquisition costs, assessed value and current fair market value; (b) personal property and acquisition cost; (c) all other assets such as investments, cash on hand or in banks, stocks, bonds, and the like; (d) liabilities, and; (e) all business interests and financial connections. The documents must be filed: (a) within thirty (30) days after assumption of office; (b) on or before April 30, of every year thereafter; and (c) within thirty (30) days after separation from the service. All public officials and employees required under this section to file the aforestated documents shall also execute, within thirty (30) days from the date of their assumption of office, the necessary authority in favor of the Ombudsman to obtain from all appropriate government agencies, including the Bureau of Internal Revenue, such documents as may show their assets, liabilities, net worth, and also their business interests and financial connections in previous years, including, if possible, the year when they first assumed any office in the Government. Husband and wife who are both public officials or employees may file the required statements jointly or separately. The Statements of Assets, Liabilities and Net Worth and the Disclosure of Business Interests and Financial Connections shall be filed by: (1) Constitutional and national elective officials, with the national office of the Ombudsman; (2) Senators and Congressmen, with the Secretaries of the Senate and the House of Representatives, respectively; Justices, with the Clerk of Court of the Supreme Court; Judges, with the Court Administrator; and all national executive officials with the Office of the President. (3) Regional and local officials and employees, with the Deputy Ombudsman in their respective regions;

CA VE AT:

- 191 (4) Officers of the armed forces from the rank of colonel or naval captain, with the Office of the President, and those below said ranks, with the Deputy Ombudsman in their respective regions; and (5) All other public officials and employees, defined in Republic Act No. 3019, as amended, with the Civil Service Commission. (B) Identification and disclosure of relatives. — It shall be the duty of every public official or employee to identify and disclose, to the best of his knowledge and information, his relatives in the Government in the form, manner and frequency prescribed by the Civil Service Commission. (C) Accessibility of documents. — (1) Any and all statements filed under this Act, shall be made available for inspection at reasonable hours. (2) Such statements shall be made available for copying or reproduction after ten (10) working days from the time they are filed as required by law. (3) Any person requesting a copy of a statement shall be required to pay a reasonable fee to cover the cost of reproduction and mailing of such statement, as well as the cost of certification. (4) Any statement filed under this Act shall be available to the public for a period of ten (10) years after receipt of the statement. After such period, the statement may be destroyed unless needed in an ongoing investigation. (D) Prohibited acts. — It shall be unlawful for any person to obtain or use any statement filed under this Act for: (a) any purpose contrary to morals or public policy; or (b) any commercial purpose other than by news and communications media for dissemination to the general public.

Sec9. Divestment. — A public official or employee shall avoid conflicts of interest at all times. When a conflict of interest arises, he shall resign from his position in any private business enterprise within thirty (30) days from his assumption of office and/or divest himself of his shareholdings or interest within sixty (60) days from such assumption. The same rule shall apply where the public official or employee is a partner in a partnership. The requirement of divestment shall not apply to those who serve the Government in an honorary capacity nor to laborers and casual or temporary workers. Sec10. Review and Compliance Procedure. — (a) The designated Committees of both Houses of the Congress shall establish procedures for the review of statements to determine whether said statements which have been submitted on time, are complete, and are in proper form. In the event a determination is made that a statement is not so filed, the appropriate Committee shall so inform the reporting individual and direct him to take the necessary corrective action. (b) In order to carry out their responsibilities under this Act, the designated Committees of both Houses of Congress shall have the power within their respective jurisdictions, to render any opinion interpreting this Act, in writing, to persons covered by this Act, subject in each instance to the approval by

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER affirmative vote of the majority of the particular House concerned. The individual to whom an opinion is rendered, and any other individual involved in a similar factual situation, and who, after issuance of the opinion acts in good faith in accordance with it shall not be subject to any sanction provided in this Act. (c) The heads of other offices shall perform the duties stated in subsections (a) and (b) hereof insofar as their respective offices are concerned, subject to the approval of the Secretary of Justice, in the case of the Executive Department and the Chief Justice of the Supreme Court, in the case of the Judicial Department. Sec11. Penalties. — (a) Any public official or employee, regardless of whether or not he holds office or employment in a casual, temporary, holdover, permanent or regular capacity, committing any violation of this Act shall be punished with a fine not exceeding the equivalent of six (6) months' salary or suspension not exceeding one (1) year, or removal depending on the gravity of the offense after due notice and hearing by the appropriate body or agency. If the violation is punishable by a heavier penalty under another law, he shall be prosecuted under the latter statute. Violations of Sections 7, 8 or 9 of this Act shall be punishable with imprisonment not exceeding five (5) years, or a fine not exceeding five thousand pesos (P5,000), or both, and, in the discretion of the court of competent jurisdiction, disqualification to hold public office. (b) Any violation hereof proven in a proper administrative proceeding shall be sufficient cause for removal or dismissal of a public official or employee, even if no criminal prosecution is instituted against him. (c) Private individuals who participate in conspiracy as co-principals, accomplices or accessories, with public officials or employees, in violation of this Act, shall be subject to the same penal liabilities as the public officials or employees and shall be tried jointly with them. (d) The official or employee concerned may bring an action against any person who obtains or uses a report for any purpose prohibited by Section 8 (D) of this Act. The Court in which such action is brought may assess against such person a penalty in any amount not to exceed twenty-five thousand pesos (P25,000). If another sanction hereunder or under any other law is heavier, the latter shall apply. Sec12. Promulgation of Rules and Regulations, Administration and Enforcement of this Act. — The Civil Service Commission shall have the primary responsibility for the administration and enforcement of this Act. It shall transmit all cases for prosecution arising from violations of this Act to the proper authorities for appropriate action: Provided, however, That it may institute such administrative actions and disciplinary measures as may be warranted in accordance with law. Nothing in this provision shall be construed as a deprivation of the right of each House of Congress to discipline its Members for disorderly behavior. The Civil Service Commission is hereby authorized to promulgate rules and regulations necessary to carry out the

CA VE AT:

- 192 provisions of this Act, including guidelines for individuals who render free voluntary service to the Government. The Ombudsman shall likewise take steps to protect citizens who denounce acts or omissions of public officials and employees which are in violation of this Act.

See also… Local Government Code

DanGat Notes: Appointing Authority – generally, the Local Chief Executive -- The Secretary of Finance for appointive positions connected with finance (e.g. The Treasurer and the Assistant Treasurer) who shall be appointed by the Sec from a list of at least 3 ranking, eligible recommendees of the governor or mayor, as the case may be, subject to civil service law, rules and regulations TITLE V: Appointive Local Officials Municipalities, Cities and Provinces

Common

to

All

1.

Secretary to the Sanggunian (Sec469) – appointment of one is mandatory for LGU

2.

The Treasurer (Sec470) – appointment of one is mandatory for LGU appointed by the Sec. of Finance from a list of at least 3 ranking, eligible recommendees of the governor or mayor, as the case may be, subject to civil service law, rules and regulations under the administrative supervision of the governor or mayor, as the case may be, to whom he shall report regularly on the tax collection efforts in the LGU

3.

Assistant Treasurer (Sec471) – appointed by the Sec from a list of at least 3 ranking, eligible recommendees of the governor or mayor, as the case may be, subject to civil service law, rules and regulations

4.

The Assessor (Sec472) – appointment of one is mandatory for LGU

5.

Assistant Assessor (Sec473) – appointment of one shall be optional for LGU

6.

The Accountant (Sec474) – appointment of one is mandatory for LGU

7.

The Budget Officer (Sec475) – appointment of one is mandatory for LGU

8.

The Planning and Development Coordinator (Sec476) – appointment of one is mandatory for LGU

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER 9.

The Engineer (Sec477) – appointment of one is mandatory for LGU Health Officer (Sec478) – appointment of one is mandatory for LGU

11. The

Civil Registrar (Sec479) – appointment of one is mandatory for LGU

12. The

Administrator (Sec480) – appointment of one is mandatory for provincial and city governments, and optional for municipal government term is coterminous with that of the appointing authority

13. The

Legal Officer (Sec481) – appointment of one is mandatory for provincial and city governments, and optional for municipal government term is coterminous with that of the appointing authority

14. The

Agriculturist (Sec482) – appointment of one is mandatory for provincial government, and optional for city and municipal governments

15. The

Social Welfare and Development Officer (Sec483) – appointment of one is mandatory for provincial and city governments, and optional for municipal government

16. The Environment and Natural Resources Officer (Sec484) – appointment of one is optional for LGUs

Facts: Acting Sec. of Finance Macalinag issued an Order of Preventive Suspension against Municipal Treasurer Chang for dishonesty, neglect of duty and acts prejudicial to the best interest of the service. Macalinag was ordered by RTC to permanently desist from enforcing preventive suspension order ruling that until an acting municipal treasurer is appointed to replace Chang, the order is incomplete and cannot be said to have taken effect. Held: 1. Sec. of Finance has jurisdiction to issue an order of preventive suspension against the acting municipal treasurer of Makati. Under Sec4116 of the Civil Service Law, the designation of the replacement is not a requirement to give effect to the preventive suspension. Sec156 of BP337 (old LGC) even provides for the automatic assumption of the assistant municipal treasurer or next in rank officer in case of suspension of the municipal treasurer. The Order of Preventive Suspension of Chang became effective upon his receipt thereof, which is presumed when he filed a complaint in the trial court preventing the implementation of such order. Otherwise stated, the designation of the OIC to replace Chang is immaterial to the effectivity of the latter's suspension. A contrary view would render nugatory the very purpose of preventive suspension. 2.

17. The Architect (Sec485) – appointment of one is optional for LGUs

18. The Information

Officer (Sec486) – appointment of one is optional for LGUs term is coterminous with that of the appointing authority

19. The Cooperatives Officer (Sec487) – appointment of one is optional for LGUs

20. The

Population Officer (Sec488) – appointment of one is optional for LGU: Provided, however, That provinces and cities which have existing population offices shall continue to maintain such offices for a period of 5years from date of LGC’s effectivity, after which said offices shall become optional Veterinarian (Sec489) – appointment of one is mandatory for LGU

CA VE AT:

General Services Officer (Sec490) – appointment of one is mandatory for LGU

Macalincag vs. Chang (1992)

10. The

21. The

- 193 -

22. The

The power to discipline is specifically vested under the Civil Service Law in heads of departments, agencies and instrumentalities, provinces and chartered cities who have original jurisdiction to investigate and decide on matters involving disciplinary action. They are the proper disciplining authority referred to in Sec41 of the Civil Service Law. The Office of the Municipal Treasurer is under the Department of Finance. Hence, the Sec. of Finance is the proper disciplining authority to issue the preventive suspension order. Acting Sec. of Finance, Macalincag, acted within his jurisdiction in issuing the order. Even assuming that the power to appoint includes the power to discipline, acting Sec. Macalincag as Sec. of Finance is an alter ego of the President and therefore, it is within his authority, as an alter ego, to preventively suspend Chang.

16

Preventive Suspension. — The proper disciplining authority may preventively suspend any subordinate officer or ee under his authority pending an investigation, if the charge against such officer or ee involves dishonesty, oppression or grave misconduct, or neglect in the performance of duty, or if there are reasons to believe that the respondent is guilty of charges which would warrant his removal from the service.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Debulgado vs. Civil Service Commission (1994) Facts: Incumbent Mayor Debulgado appointed his wife as General Services Officer (head of the Office of General Services). CSC issued a resolution recalling approval issued by Director Escobia to the wife, and disapproving the promotion of the wife on the ground that it violated the statutory prohibition against nepotic appointments. Contended that nepotic appointments is applicable only to original appointments and not to promotional appointments. Held: 1. The prohibition against nepotic appointments applies to all appointments (original or promotional). Basis: Sec59, Book5 of the Revised Administrative Code, and the Implementing Rules where prohibition was case in comprehensive and unqualified terms. It covers ALL APPOINTMENTS without seeking to make any distinction between differing kinds or types of appointments It covers all appointments to the national, provincial., city, and municipal governments, as well as any branch or instrumentality thereof and all government-owned or controlled corporations Section 59 contains a list of exceptions which includes only: (a closed list) – persons employed in a confidential capacity, teachers, physicians, and members of the AFP The implementing rules provide that: “All original appointments and personnel actions shall be in accordance with these Rules and with other regulations and standards that may be promulgated by the Commission.” Under the abovequoted provisions, both the original appointment and all subsequent personnel actions (promotion, transfer, reinstatement, reemployment) must comply with the Rules including the prohibition against nepotism To the extent that all personnel actions after the original appointment require the issuance of new appointment to another position, it is believed that such appointment must also comply with and prohibition against nepotism Policy reason: civil service appointment should be based on merit and fitness Laurel vs. CSC: designated employees are also covered by the prohibition If not covered by the term appointment “then the prohibition on nepotism would be meaningless and toothless. Any appointing authority may circumvent it by merely designating, and not appointing, a relative within the prohibited degree to a vacant position in the career service.” Question in the CAB is her promotional appointment While the application of the prohibition imposed restrictions on the petitioner, Court says: o prohibition applied without regard to the actual merits of the porposed appointee and o to the good intentions of the appointing authority o prohibition not intended to penalize faithful service

CA VE AT:

o

- 194 purpose is to take out of the discretion of the appointing and recommending authority the matter for appointment of a relative (for objectivity)

Argument of vested right misconceived the nature of the action taken by the Commission. It was not an imposition of an administrative disciplinary measure. Commission’s function is only to examine the conformity of the appointment with law. Wife was afforded an opportunity to be heard when she filed a motion for reconsideration and challenged the disapproval by the Commission. Action of Commission was valid because the appointment violated the provisions of the law. It was null and void as being contra legem. A void appointment cannot give rise to security of tenure.

Dimaandal vs. COA (1998) Facts: Dimaandal, designated Acting Assistant Provincial Treasurer for Administration by Governor Mayo, filed a claim for difference in salary and RATA of the positions Assistant Provincial Treasurer and Supply Officer III (his original position). Provincial Auditor disallowed the claim. Held: Dimaandal is not entitled to the difference in salary between his regular position and the higher position to which he is designated. 1. Only the authorized appointing officer can authorize the payment of compensation. Sec. 471 of the Local Government Code and Sec. 2077 of the Revised Administrative Code do not authorize the Provincial Governor to appoint nor even designate a person in cases of temporary absence or disability or a vacancy in a provincial office. That power resides in the President of the Philippines, or the Secretary of Finance who has the power to appoint an Assistant Treasurer from a list of 3 ranking eligible recommendees of the governor or mayor. Thus, Dimmandal’s designation as Assistant Provincial Treasurer by Governor Mayo was defective and conferred no right on the part of Dimaandal to claim the difference in salaries and allowances attached to the position occupied by him. 2.

What was extended to Dimaandal by the Governor was merely a designation, not an appointment While an appointment is the selection by the proper authority of an individual who is to exercise the powers and functions of a given office, designation merely connotes an imposition of additional duties, usually by law, upon a person already in the public service by virtue of an earlier appointment. (Santiago v COA) Designation is mere imposition of new or additional duties on the officer or employee to be performed by him in a special manner. It does not entail payment of additional benefits or grant upon the person so designated the right to claim the salary attached to the position. (COA Decision dated 1995 & Opinion of the Office of the

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Legal Affairs of CSC; construction given by an agency should be given great weight and respect)

- 195 This view ignores the clear-cut difference in the wording bet. the two ¶s of §7 Art. IX-B, w/c distinction was purposely sought by the drafters of the Constitution.

3.

a.

No violation of constitutional right against deprivation of property without due process of law and non-impairment of obligation of contracts clause in the Constitution The right to the salary of an Assistant Provincial Treasurer is based on the assumption that the appointment or designation thereof was made in accordance with law. Considering that Dimaandal’s designation was without color of authority, the right to the salary or an allowance due form said office never existed. In the absence of such right, there can be no violation of any constitutional right no an impairment of the obligation of the contracts clause. 4.

He was not a de facto officer as to entitle him to receive salary for services actually rendered A de facto officer is defined as one who derives his appointment form one having colorable authority to appoint, if the office is an appointive office, and whose appointment is valid on its face. Color of authority in this context means authority derived from an appointment, however irregular or informal, so that the incumbent is not a mere volunteer.

Flores vs. Drilon (1993) Facts: Mayor Gordon of Olongapo City was appointed Chairman/CEO of the SBMA pursuant to §13 ¶d of RA7277 “Bases Conversion & Development Act of 1992”: (d) Chairman/Administrator. - The President shall appoint a professional manager as administrator of the Subic Authority with a compensation to be determined by the Board subject to the approval of the Secretary of Budget, who shall be the ex officio chairman of the Board and who shall serve as the chief executive officer of the Subic Authority: Provided, however, That for the first year of its operations from the effectivity of this Act, the mayor of the City of Olongapo shall be appointed as the chairman and chief executive officer of the Subic Authority. Petitioners filed an original petition before the SC, challenging the constitutionality of the proviso above. Held: The proviso violates the constitutional proscription against appointment or designation of elective officials to other government posts. Purpose of the proscription: It is an affirmation that a public office is a full-time job. A public officer should be precluded from dissipating his efforts…among too many positions of responsibility, which may result in inefficiency. That §94 LGC permits the appointment of a local elective official to another post if so allowed by law or by the primary functions of his office is untenable. No legislative act can prevail over the Constitution

CA VE AT:

¶217 allows the holding of multiple offices by an appointive official when allowed by law or by the primary functions of his position

b.

¶118 is more stringent. It does not provide any exception to the rule against appointment or designation of an elective official to other government posts except as particularly recognized in the Constitution itself, such as:  President, as head of the Economic and Planning Agency  VP, who may be appointed Cabinet member  Congressman, who may be designated ex officio member of the Judicial & Bar Council The exemption allowed to appointive officials in ¶2 can’t be extended to elective officials who are governed by ¶1. That the SBMA posts are merely ex officio to the position of Mayor of Olongapo City, hence, an excepted circumstance  citing Civil Liberties v Exec Sec where the Court held that the prohibition in §13 Art. VII of the Constitution doesn’t apply to additional duties & functions required by the primary functions of the official concerned, who are to perform them in an ex officio capacity… is also untenable Congress did not contemplate making the SBMA posts as ex officio or automatically attached to the Office of the Mayor of Olongapo City w/o need of appointment. 1) The phrase “shall be appointed” shows the intent to makes the posts appointive. 2) In the Senate deliberations, Sen. Saguisag suggested that they make the post ex officio so as not to contravene §7 ¶1 Art.IX-B Constitution, but Congress decided to have the controversy resolved by the courts instead. That the proviso is NOT a legislative encroachment on the appointing authority of the President… The power of appointment necessarily carries the discretion of whom to appoint. When Congress clothes the President with the power to appoint an officer, it cannot at the same time limit the choice of the President to only one candidate, even on the pretext of prescribing qualifications of the officer (as in this case, where the qualifications prescribed can only be met by one individual). Such enactment eliminates the discretion of the appointing power [and encroaches upon his power of appointment]. SOLUTION: Since the ineligibility of an elective official for appointment remains all throughout his tenure or during his incumbency, Gordon may resign first from his elective post to cast off the constitutionally-attached disqualification. 17

Unless otherwise allowed by law or by the primary functions of his position, no appointive official shall hold any other office or employment in the Government or any subdivision, agency or instrumentality thereof, including GOCCs or their subsidiaries. 18 No elective official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER a. CONCLUSION: Gordon’s appointment pursuant to an unconstitutional legislative act is null & void. He however remains Mayor of Olongapo City.

-

His acts as SBMA Chair/CEO are not necessarily null and void. He may be considered a de facto officer, whose acts will hold valid in so far as they involve the interests of the public and 3rd persons. Also, all emoluments received by Gordon pursuant to his appointment may be retained by him.

Sangguniang Bayan of San Andres, Catanduanes vs. CA (1998) Facts: Antonio was elected as Baranggay Captain in 1989, and later elected as president of the Association of Barangay Councils (ABC). Result: pursuant to 1983 LGC, he was appointed by the President as member of the Sangguniang Bayan Because of the reorganization found to be necessary by DILG, DILG Sec appointed Antonio as temporary member of the Sangguniang Panlalawigan. So Antonio resigned as member of the Sangguinang Bayan. Pursuant to the 1983 LGC, the Vice President of the ABC was the one appointed to the Sangguniang Bayan. SC ruled that appointment of Antonio as sectoral representative to the Sangguniang Panlalawigan was void. Antonio wrote the members of the Sangguniang Bayan advising them of his resumption of his original position. Sangguniang Bayan issued Resolution No. 6, declaring Antonio had no legal basis to resume office. Held: There was no valid resignation on the part of Antonio but there was an abandonment in office. As to Resignation – Definition of Resignation: act of giving up or the act of an officer by which he declines his office and renounces the further right to use it To constitute a complete resignation, there must be: a. an intention to relinquish a part of the term b. an act of relinquishment c. an acceptance by the proper authority The last requisite is not present. There was no showing that the letter given to the DILG was received, much less acted upon by said Department. As to Abandonment of Office - There was a voluntary abandonment of office by Antonio. Definition of Abandonment: voluntary relinquishment of an office by the holder, with the intention of terminating his possession and control thereof. Essential elements of Abandonment: a. intent to abandon b. an overt act by which the intention is to be carried into effect In CAB: both elements are present:

CA VE AT:

b.

- 196 intent to abandon: failure to perform functions as Sangguniang Bayan member; failure to collect remuneration of a Sangguniang Bayan member; failure to object to the appointment of Aquino as replacement; failure to initiate any act to reassume his old post overt acts: letter of resignation; assumption of office as Sangguniang Panlalawigan member; receipt of remuneration for said post; faithful discharge of duties of said post

SC notes of the term "designated"  when one is called to discharge duties IN ADDITION to his regular responsibilities (ex: SC Justice designated as member of the House of Representatives Electoral Tribunal). In CAB, Antonio was not also designated to simultaneously discharge functions of both positions.

Mathay vs. Civil Service Commission (1999) Facts: QC Mayor appointed Tabernilla as Electrical Engineer V of the City Government, pursuant to qualifications provided in city ordinance. The appointment was approved by the CSC Regional Field Officer. The appointment was disputed with the CSC, claiming thatit was issued in violation of CSC Memorandum Circular No 42 which lays down the qualifications of an Engineer V (no degree in Engineering). CSC revoked the appointment Held: CSC has jurisdiction to reverse the appointment of the City Mayor. The CSC has the power to take action on all appointments and other personnel actions and that such power includes the authority to recall an appointment initially approved in disregard of applicable provisions of Civil Service laws and regulations (Debulgado vs. CSC) Administrative Code of 1997: CSC has the power to: a. hear and decide administrative cases including contested appointments and b. review the decisions and actions of its agencies The case before the CSC was not a disciplinary case. (citing Debulgado case again). The CSC, in approving or disapproving appointments, a. only examines the conformity of the appointment with applicable provisions of law and b. WON the appointee possess the minimum qualifications and none of the disqualifications. According to Omnibus Rules Implementing BookV of E.O. No. 292 as well as Uniform Rules of Procedure in the Conduct of Administrative Investigations: Tabernilla will be reverted to his former position.

Mathay vs. CA (1999) Facts:

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Former QC Mayor Brigido Simon appointed private respondents to positions in Civil Service Units (CSU) of QC pursuant to PD51. However, DOJ rendered Opinion No. 33 stating that PD51 was never in force or effect because of non-publication in OG and thus cannot be the basis of CSU appointments. Hence, CSC issued MC No.30 directing the revocation of all appointments made under PD51 w/in one year from the issuance of the MC. Ordinance NC-140 was enacted which established the Department of Public Order and Safety (DPOS). Sec3 provided for the absorption of CSU personnel into the DPOS. Mayor Simon offered contractual appointments to the private respondents from June 5, 1991-June 30, 1992. Subsequent Mayor Mathay did not renew the appointments after their expiry. Private respondents appealed to CSC which issued resolutions holding that the reappointment of private respondent to the DPOS was automatic pursuant to the Ordinance NC-140 and ordering their reinstatements. Held: 1. CSC has no authority to direct Mayor Mathay to reinstate respondents in DPOS. BP337 applies and not the LGC of 1991. Sec3 of Ordinance NC-140 is invalid for being inconsistent with BP337. The ordinance refers to personnel and not to positions. In effect, the Sanggunian or City council is dictating who shall occupy the DPOS positions. BP 337 provides that the power to appoint rests exclusively with the local chief executive and thus cannot be usurped by the city council or sanggunian through the simple expedient of enacting ordinances that provide for the absorption of specific persons to certain provisions. BP 337 expressly enumerated the separately and clearly delineated the powers of the mayor and the city council. The power to appoint is vested in the local chief executive. On the other hand, the power of the city council is limited to creating, consolidating and reorganizing city officers and positions supported by local funds. Had congress intended to grant the power to appoint to both the city council and the local chief executive, it would have said so. 2.

CSC has no authority to direct that an appointment of a specific individual be made. It only attest to W/N person chosen to fill the position is eligible or not. By ordering the Mayor to reinstate private respondents, it substituted its own judgment. CSC does not have the authority to direct that an appointment of a specific individual be made. Once the CSC attests WON the person chosen to fill the position is eligible or not, its role in the appointment process necessarily ends. IN CAB, Ordinance refers to CSU, the identities of which cannot be mistaken. CSC resolution calls for reinstatement of the named individuals. Thus, there being no issue as to who are to sit in the newly created DPOS, there is therefore no room left for the exercise of discretion. CSC in effect technically issued new appointments which usurped the appointing power of the local chief executive.

CA VE AT:

- 197 -

Every action must be prosecuted/ defended in the name of the real party in interest. IN CAB, the person adversely affected is not CSC but the private respondent Labajo who did not opt to appeal. The CSC had dangerously departed from its role as adjudicator and became an advocate. Jurisprudence has held that CSC has the right to bring an appeal only as the aggrieved party affected by a ruling which may seriously prejudice the civil service system.

De Rama vs. CA (2001) Facts: After losing in reelection, former Mayor Evelyn Abeja made 14 appointment w/in 27 days, the last one just 3 days before she bowed out of the service. Upon assumption of the new mayor of Pagbilao Quezon, Conrado de Rama, he wrote to CSC seeking the recall of the 14 appointees on the ground that these are midnight appointments prohibited by Art VII Sec 1519 of 1987 Constitution. Held: 1. Making appointments during the last days of tenure by a local elective official is not prohibited. Art VII Sec 15 of 1987 Constitution or the so-called constitutional prohibition on midnight appointment applies only to the President or Acting president. There is no law prohibiting local elective officials from making midnight appointments. 2.

The appointments were made not in violation of the rules in the issuance of appointments Records reveal that: the 14 employees were duly appointed following 2 meetings of the Personnel Election Board. No showing that 14 employees were not qualified for the positions they were appointed to Their appointment was duly attested to by the Head of CSC field office in Lucena City 3.

The mayor cannot unilaterally revoke such appointments made. The appointees had already assumed their positions even before the new mayor assumed office. Consequently, their appointments took effect immediately and cannot be unilaterally revoked or recalled by the new mayor. Upon the issuance of an appointment and the appointee’s assumption of the position in civil service, he acquires a right which cannot be taken away either by revocation of the appointment or by removal except for cause and with previous notice and hearing.

19

Sec. 15. Two months immediately before the next presidential elections and up to the end of his term, a president or acting president shall not make appointments, except temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER It is well settled that the person assuming a position in the civil service under a completed appointed acquires a legal and not just an equitable right. WHO IS AUTHORIZED TO RECALL AN APPOINTMENT INITIALLY REVOKED?  It is the CSC that is authorized to recall an appointment initially approved but only when appointment and approval are proven to be in disregard of applicable provisions of the CSC laws and regulations BASIS: Rule V Sec 9 of the Omnibus Implementing Regulations of the Revised Administrative Code specifically provides that an appointment accepted by the appointee cannot be withdrawn or revoked by the appointing authority and shall remain in force and effect until disapproved by the Commission. Grounds for Recall (Under Sec 20 Rule VI) a. Non-compliance w/procedure or criteria provided in the agency’s Merit promotion Plan b. Failure to pass through the agency’s selection/promotion board c. Violation of the existing collective agreement between management and employees relative to promotion or d. Violation of other existing civil service law rules and regulation. DISSENT: Mendoza Art VII Sec 15 of 1987 Consti. is simply an application of the a broader principle that after the appointing authority has lost the elections, his is the duty of a prudent caretaker of the office and therefore he should not fill positions in the gov’t unless required by the imperatives of public service. This rule binds all including mayors who are who are vested with power of appointment, and it flows from the principle that a public office is a public trust. From Aytona case: Midnight appointments are bad because they offend principles of fairness justice and righteousness. They cannot now be less bad because they were made at the local level, by mayors and other local executives. The appointments must be few and so spaced as to afford some assurance of deliberate action and careful consideration of the need for the appointment and the appointee’s qualification.

Lameyra vs. Pangilinan (2000) Facts: Lameyra was appointed as janitor/messenger in the Municipal Hall of Famy, Laguna on Feb2, 1988 under temporary status. His appointment was made permanent on Jan1, 1989 by then Mayor Acomular (who was defeated by Mayor Pangilinan in the last election). Lameyra received a letter from Mayor Pangilinan informing him that he is dropped from the roll of employees pursuant to Memo Circular No.12, Series of 1994 of the CSC due to (1) Insubordination, and (2) AWOL. CSC dismissed Lameyra’s appeal – that there is sufficient ground to support action of the municipality in dropping him from service

CA VE AT:

- 198 -

Held: CSC and CA erred. Under the circumstances of the case, Lameyra should be given a full opportunity to prove his contention that he was illegally terminated which was not fully done in CAB. I. Accordingly, the first opportunity that Lameyra had to contest the sufficiency of the evidence to support his dismissal was when he filed his motion for recon from the CSC Resolution. The three sworn statements which were annexes to the motion directly controverted Vicencio’s certification that he was AWOL  cannot be considered new evidence belatedly submitted (as claimed by Mayor Pangilinan) because there was no notice and hearing when he was dropped from the rolls. II. One of the affiants is ViceMayor Fernandez (whose acts as a public official are entitled to presumption of regularity in the performance of duty). It would be in compliance with due process requirements to have given due consideration to his sworn statement in view of the prevailing circumstances in CAB, and also in consonance with Mayor Pangilinan’s own theory that Lameyra was afforded his right to be heard when he filed his motion for recon in CSC. III. Findings of fact by administrative agency will be respected by SC if supported by substantial evidence. However, certification of personnel officer that Lameyra did not report for work does not appear to constitute substantial evidence in light of Lameyra’s submission: (1) that personnel precisely prevented him from signing logbook (2) he has been replaced by one Leynes (3) he has been asked to submit his resignation which he refused to do.  Lameyra should then be given a last full opportunity to prove his contention that the termination of his services was illegal.

Makati City Government vs. CSC (2002) Facts: Galzote, employed as clerk in the Dept. of Eng and Public Works of Makati City, was arrested without warrant and detained allegedly for kidnapping for ransom with physical injuries, then subjected to inquest proceedings, then a criminal case was eventually docketed with RTC Pasig. Incarcerated in the Rizal Provincial Jail, she could not report for work – so she was suspended from office by City Government starting Sept9, 1991 until the final disposition of her case. She was eventually dropped from the rolls of employees. 3years later, she was acquitted of the crime charged for failure of the prosecution to prove any act establishing her complicity in the crime. She was released. CSC Resolution 960153 – ordered reinstatement with backwages from Oct19, 1994 until actual resumption of duty. Held: She cannot be faulted for failing to file an application for LOA under Sec52 and 63 of CSC Rules prior to her detention as application for leave and obtain approval thereof.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Records clearly show that she had been advised 3days after her arrest (Sept9, 1991), that Makati City Gov. had placed her under suspension until the final disposition of her criminal case. The arrangement bound the City Government to allow her to return to work after the termination of her case (if acquitted of charge) She had no intention to go AWOL (leaving or abandoning without justifiable reason and without notifying employer) from her post since she had a valid reason for failing to report for work  being detained without bail Had she been told that it was still necessary to file an application for leave despite the assurance from the City Government, she would have filed it Also clear from the records is her ordeal in jail beginning on Sept6, 1991 and ending after her acquittal  leaving her no time to attend to the formality of filing a leave application. Later memorandum dropping her from the rolls for absence cannot be valid being violative of due process. City Gov should have required her to file an application by informing her of such requirement  the subsequent memo dropping her should have been sent to her at the jail where she had been detained and where she could have received it City Gov had actual and official knowledge of her incarceration as obvious from admissions in the petition  obliged it to send notice to where she was detained CSC holding that she was on automatic leave of absence during the period of detention is SUSTAINED. CSC is the constitutionally mandated central personnel agency of Gov. Admin Code of 1987 further empowers CSC to “prescribe rules and regulations for carrying into effect provisions of Civil Service Law and other pertinent laws”  and for matters converning LOAs, Admin Code specifically vests the CSC to ordain as regards it. pursuant thereto – it promulgated Resolution 91-1631 devoting Rule XVI to LOAs which have been further amended Sec20 (or 52) and 35 (or 63) require an approved leave of absence to avoid being an AWOL o cannot be interpreted as exclusive and referring only to 1mode of securing the approval of LOA which would require an employee to apply for it (formalities) before exceeding 30days in order to avoid being dropped from the rolls o there is the CSC recognized rule of automatic leave of absence under specified circumstances as CSC stated in its assailed Resolution citing a similar case – Cenon Vargas, CSC Resolution 94-2795 and 95-5559  CSC was only interpreting its own rules on LOA and not a statutory provision in coming up with this uniform rule CSC has the power to interpret its own rules and any phrase contained in them with its interpretation significantly becoming part of the rules themselves. To be consistent with established principle stated, CSC ruling will not be rejected. Rejecting the ruling on an automatic LOA solely for want of a provision expressly and specifically allowing it would erroneously repudiate the difference between the agency’s own understanding of its rules and its interpretation of a statute.

CA VE AT:

- 199 Rule of automatic LOA clearly falls within the constitutionally delegated power of CSC and is reasonable under the circumstances to address absences from work which are not attributable to the concerned gov’t employee. If it were already written in CSC rules or an existing provision, no reason for CAB to ensue and be disputed. If such were already in place, CSC would have no basis for interpreting its rules since all it had to do was to implement them. What CSC interpreted in CAB were Sec20, 35 and other related provisions of CSC rules on requirement of an approved LOA.

-

In Sec20 – it is enough that the employer be informed of the absent employee’s illness, which information is effective substitute for a prior leave application illness is not the only instance of force majeure where there are other events beyond the control of employee which may force him to be absent – it is in these cases that CSC sought to interpret them as contemplating an automatic LOA  In CAB, she has sufficiently informed City Gov of her predicament so no prior leave application needed Being in an automatic LOA, exercise of authority under Sec35 to drop employees from rolls is tempered with CSC also has power to allow exemptions from prior filing of leave applications – logically flows from task of CSC to regulate civil service in country as ordained by COnsti and mandated by Admin Code. CSC Rules even do not limit powers of CSC in this regard to cases of illness only. Reasonableness as a standard, CSC can determine in exercise of its constitutional mandate. CSC’s reasonable implementation of its own rules in the specific and actual case of Galzote is advocated by the court as was done in the case UP vs. CSC where UP was exempted from CSC rules because of academic freedom with the Consti as basis. She cannot be faulted for failure to assume her work. Clearly, she reported for work as soon as she was free to do so, but was unfortunately turned back by City Gov. In locking her out from her job, City Gov illegally deprived her of her opportunity to work and must be held liable. DISSENTING: Panganiban I. Galzote was AWOL No Automatic Leave of Absence 1. current Civil Service Law and Rules do not contain any provision on automatic leave of absence – and not disputed. 2. Sec35 in providing for absence without approved leave makes no distinction or qualification and gives no regard for the reason for the absence It simply states that an employee who fails to report continuously for at least 30days without an approved leave is considered AWOL, and dropped form service. 3. Sec20 states that approval of LOA is “contingent on needs of the service” clearly, approval for any reason other than illness cannot be presumed it is granted only after evaluation of the “needs of the service”

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER to secure such approval, necessary for one to file an application for it before exceeding 30days of absence in order to avoid being dropped from the rolls No specific or clear-cut provision allowing an automatic leave of absence, such rule forecloses possibility of such leave, even on the ground of incarceration – where the person is not prevented from communicating with outside world. CAB: Galzote did not file an application for any type of leave – no approved leave. There was nothing to stop her from writing City Gov, informing it of her plight and applying for leave and show interest in her job – necessary to enable government to take appropriate measures to ensure smooth delivery of service to the public. -

4.

EO292 is clear that the only LOA that a civil service employee is entitled to is that which may be provided by law, rules and regulations None provide for automatic leaves of absence The law also considers the grant subservient to “interest of service” – an interpretation that would promote and enhance government service should be upheld over the ponencia’s interpretation CAB: It was duty of Galzote to appraise the government of her inability. Pursuant to Law and Rules, she should be dropped. Interpretation Refers Only to Extant Laws and Rules Ponencia: CSC is granted sufficient residual authority via its power of “interpreting” its own rules, to allow automatic LOAs.  NO. Undisputed that CSC Law and Rules do not provide for an automatic leave. Construction/interpretation is resorted to only in case of doubt on how to understand an existing legal provision. CAB: There is no room for doubt, the law and rules clearly do not provide for automatic LOAs. There is nothing to interpret. CSC has not power to interpret an inexistent rule, especially is such interpretation takes away the provision of Sec60, EO292 which mandates that LOAs shall be allowed only in the interest of the service  that approval cannot be presumed but may be granted only after considering the exigencies of government service. II. She was afforded Due Process Sec35 required due notice for dropping of employee on AWOL. She was sent a letter informing her that she had been reported AWOL for over a year – reason for being dropped from rolls  delivered to her house. She did not respond nor contest the letter. CA assumed City Gov knew of her predicament and her location  Records show total absence of support for such assumption. Undisputed that she had not filed any application for LOA – she had not record of the reason for her continued absence.  City Gov is a public corporation – it would be unreasonable and unjustly burdensome for it to know the whereabouts of Galzote, when she herself did not bother to inform it of her situation (being one of thousand employees) Relying on its records to ascertain her address would be more in accord with reason and exigencies of public service.

CA VE AT:

- 200 SO… letter delivered to her house and informing her of her AWOL status is due notice to her. Also, failure to give notice does not prevent the dropping of employee concerned from government service – not being jurisdictional in nature as held in Quezon vs. Borromeo.

Pastor vs. City of Pasig (2002) Facts: Pastor was appointed Budget Officer of Pasig with her appointment having been confirmed by the Department of Budget and Management. Mayor Eusebio issued a memo relieving Pastor from her position and she was reassigned to the Office of the Administrator. Pastor filed a complaint with CSC and claimed for reinstatement. CSC ruled in favor of Pastor. Mayor Eusebio complied by designation Pastor as head of Pasig City Hall Annex. CSC once again ruled for Pastor. CA held that the reassignment was a valid exercise of the "extraordinary powers of the respondent City Government. It pointed out that the reassignment to the Office of the Municipal Administrator was only "temporary in nature" and that, in designating petitioner as head of the City Hall Annex, the city government had substantially complied with the first CSC Resolution. Held: CA erred. Pastor’s reassignment amounts to a constructive removal without cause from the service. It has been held that a reassignment that is indefinite and results in a reduction in rank, status, and salary is in effect a constructive removal from the service. Pastor’s reassignment to different offices in the local government of Pasig City is indefinite. Pastor has been on virtual floating assignments which cannot but amount to a diminution of her rank, hence impermissible under the law. For all intents and purposes, her reassignment, lasting nearly ten years now, is a removal without cause as Budget Officer of the City of Pasig. Indeed, her duties in her new assignment as head of the Pasig City Hall Annex show the "more than temporary" nature of her reassignment. That she has suffered a diminution in her rank is also evident. As head of the Pasig City Hall Annex, Pastor's budget proposals f will be subject to review by the City Budget Officer. Moreover, the position of City Budget Officer is created by statute, while that of the head of the Pasig City Hall Annex is created by mere ordinance.

Garcia vs. Pajaro (2002) Facts: Garcia, an employee at the Dagupan City Treasurer’s Office, was ordered suspended by City Treasurer because of a Formal Charge against him. During his suspension, Garcia still reported for work not honoring the suspension order.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Held: The City Treasurer has authority to discipline petitioner who is an employee at the Treasurer’s Office. Under the present LGC, appointive officers and employees of LGUs are covered by the Civil Service Law, and those promulgated pursuant thereto. Also, the investigation and the adjudication of administrative complaints against appointive local officials and employees, as well as their suspension and removal, shall be in accordance with the Civil Service Law and rules and other pertinent laws. BookV of 1987 Administrative Code is the primary law governing appointive officials and employees in the government and it enumerates the grounds for disciplining them. The power to discipline is specifically granted by Sec47 of the 1987 Administrative Code to heads of departments, agencies and instrumentalities, provinces and cities. On the other hand, the power to commence administrative proceedings against a subordinate officer or employee is granted by Sec34 of the Omnibus Rules Implementing BookV of Admin Code to the secretary of a department, head of office of equivalent rank, head of LGU, chief of an agency, the regional director or a person with a sworn written complaint. Further, the city treasurer may institute, motu propio, disciplinary proceedings against a subordinate officer or employee. Local Administrative Regulations No.2-85 authorized the Secretary of Finance, the Regional Director, and head of a local treasury or an assessment office to start administrative disciplinary action against officers or employees subordinate to them. Sec455(b-1-x) of 1991LGC stating that the city mayor “may cause to be instituted administrative or judicial proceedings against any official or employee of the city” is not incongruent with the provisions of the 1987 Administrative Code which authorizes heads of agencies to discipline subordinate employees. There is in fact no provision in the 1991LGC expressly rescinding the authority of the DOF to exercise disciplinary authority over its employees. Likewise, there is nothing that prohibits the city treasurer from filing a complaint against his subordinate. Power to discipline evidently includes the power to investigate.

HOW-TO GUIDE: Masturbation by Tamar Love Masturbation used to be an utterly taboo subject. We were told touching ourselves was dirty and wrong, that if we did it we'd go crazy or grow hair on our palms. If these lies were spread to keep us from pleasuring ourselves, it worked: in the mid-20th century, only 50% of men and far fewer women owned up to masturbating. The women's movement, better health education and increased levels of body consciousness have done wonders for masturbation's bad rap. Now, according to the Kinsey Institute, 92% of males and 62% of females report having masturbated. In fact, single females report that masturbation is their most important sexual outlet. We must be growing more enlightened as a culture!

CA VE AT:

- 201 -

Masturbation is fun, healthy and safe. In fact, it's the safest form of sex you can practice. You can't become pregnant or contract an STD from masturbating, nor will your hands cheat on you, lie about how good it was, or spend all your money. If you're one of the few who hasn't touched themselves, give it a try. What can it hurt? At the worst, you won't care for it much. At best, you'll discover an exciting new way to relieve stress, celebrate your body, relieve sexual tension and give yourself a whole lotta pleasure. Even if you've been masturbating for years, a little variety never hurt anyone. Have you tried using different kinds of lube when you masturbate? Most men have tried some form of lubricant, but surprisingly few women have. Try a couple of different brands and types... a little moisture adds a lot to the experience. What about sex toys? Many women have tried vibrators, dildos and clitoral stimulators, but few men have tried sheaths, penis pumps or cyberskin vaginas--all of which can be a lot more fun than your bare hands. Whether you're a newbie or a pro at self love, relax, take your pants off, and try some of these tricks for a zestier solo sex experience. (continued…) Q&A with Dr. Sandor Gardos Question I love my boyfriend very much but he is just not very good in bed. Although he tries, he is frequently "barking up the wrong tree" with where he touches me -- if you know what I mean. I don't really want to hurt his feelings by telling him he is doing things wrong, but I also want to be satisfied. Any suggestions? Answer While I am all for open, detailed conversations, I agree that yelling out "stop that" or "not there" in bed is probably not the ideal approach. Generally, it's best to focus on the positive when communicating with a partner about sexual matters. For example, instead of saying, "Don't do that!" when he is missing the mark, try saying, "Oh yes! Just like THAT!" when he hits the spot. You can also lean over and whisper in his ear, "You know what would really turn me on?" then suggest what you'd like! Another option is to masturbate in front of your partner. You can make it into a little erotic game, taking turns, or doing it at the same time. You might even learn something more about what he likes. If you don't think you can bring yourself to say anything or masturbate in front of him, the best approach is to take his hand gently and place it where you want it. Show him where you like to be touched, how hard, how fast, etc. While I appreciate that you don't want to hurt his feelings, most men report that they like it when women give them more clear feedback about what they like. However you approach it, you will certainly be doing both of you a service!

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Practice of Profession & Related LGC Provisions Sec31. Submission of Municipal Questions to the Provincial Legal Officer or Prosecutor. — In the absence of a municipal legal officer, the municipal government may secure the opinion of the provincial legal officer, and in the absence of the latter, that of the provincial prosecutor on any legal question affecting the municipality. Sec90. Practice of Profession. — (a) All governors, city and municipal mayors are prohibited from practicing their profession or engaging in any occupation other than the exercise of their functions as local chief executives. (b) Sanggunian members may practice their professions, engage in any occupation, or teach in schools except during session hours: Provided, That sanggunian members who are also members of the Bar shall not: (1) Appear as counsel before any court in any civil case wherein a local government unit or any office, agency, or instrumentality of the government is the adverse party; (2) Appear as counsel in any criminal case wherein an officer or employee of the national or local government is accused of an offense committed in relation to his office. (3) Collect any fee for their appearance in administrative proceedings involving the local government unit of which he is an official; and (4) Use property and personnel of the government except when the sanggunian member concerned is defending the interest of the government. (c) Doctors of medicine may practice their profession even during official hours of work only on occasions of emergency: Provided, That the officials concerned do not derive monetary compensation therefrom. Sec443. Officials of the Municipal Government. — (a) There shall be in each municipality a municipal mayor, a municipal vice-mayor, sangguniang bayan members, a secretary to the sangguniang bayan, a municipal treasurer, a municipal assessor, a municipal accountant, a municipal budget officer, a municipal planning and development coordinator, a municipal engineer/building official, a municipal health officer and a municipal civil registrar. (b) In addition thereto, the mayor may appoint a municipal administrator, a municipal legal officer, a municipal agriculturist, a municipal environment and natural resources officer, a municipal social welfare and development officer, a municipal architect, and a municipal information officer. (c) The sangguniang bayan may: (1) Maintain existing offices not mentioned in subsections (a) and (b) hereof; (2) Create such other offices as may be necessary to carry out the purposes of the municipal government; or (3) Consolidate the functions of any office with those of another in the interest of efficiency and economy. (d) Unless otherwise provided herein, heads of departments and offices shall be appointed by the municipal mayor with the concurrence of the majority of all the

CA VE AT:

- 202 sangguniang bayan members, subject to civil service law, rules and regulations. The sangguniang bayan shall act on the appointment within fifteen (15) days from the date of its submission; otherwise, the same shall be deemed confirmed. (e) Elective and appointive municipal officials shall receive such compensation, allowances and other emoluments as may be determined by law or ordinance, subject to the budgetary limitations on personal services as prescribed in Title Five, Book Two of this Code: Provided, That no increase in compensation of the mayor, vice-mayor, and sangguniang bayan members shall take effect until after the expiration of the full term of all the elective local officials approving such increase.

Sec481. Qualifications, Terms, Powers and Duties. — (a) No person shall be appointed legal officer unless he is a citizen of the Philippines, a resident of the local government concerned, of good moral character, and a member of the Philippine Bar. He must have practiced his profession for at least five (5) years in the case of the provincial and city legal officer, and three (3) years in the case of the municipal legal officer. The term of the legal officer shall be coterminous with that of his appointing authority. The appointment of legal officer shall be mandatory for the provincial and city governments and optional for the municipal government. (b) The legal officer, the chief legal counsel of the local government unit, shall take charge of the office of legal services and shall: (1) Formulate measures for the consideration of the sanggunian and provide legal assistance and support to the governor or mayor, as the case may be, in carrying out the delivery of basic services and provisions of adequate facilities as provided for under Section 17 of this Code; (2) Develop plans and strategies and upon approval thereof by the governor or mayor, as the case may be, implement the same, particularly those which have to do with programs and projects related to legal services which the governor or mayor is empowered to implement and which the sanggunian is empowered to provide for under this Code; (3) In addition to the foregoing duties and functions, the legal officer shall: (i) Represent the local government unit in all civil actions and special proceedings wherein the local government unit or any official thereof, in his official capacity, is a party: Provided, That, in actions or proceedings where a component city or municipality is a party adverse to the provincial government or to another component city or municipality, a special legal officer may be employed to represent the adverse party; (ii) When required by the governor, mayor or sanggunian, draft ordinances, contracts, bonds, leases and other instruments, involving any interest of the local government unit and provide comments and recommendations on any instrument already drawn;

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER

(3) (4)

(5)

(iii) Render his opinion in writing on any question of law when requested to do so by the governor, mayor or sanggunian; (iv) Investigate or cause to be investigated any local official or employee for administrative neglect or misconduct in office, and recommend appropriate action to the governor, mayor or sanggunian, as the case may be; (v) Investigate or cause to be investigated any person, firm or corporation holding any franchise or exercising any public privilege for failure to comply with any term or condition in the grant of such franchise or privilege, and recommending appropriate action to the governor, mayor or sanggunian, as the case may be; (vi) When directed by the governor, mayor, or sanggunian, initiate and prosecute in the interest of the local government unit concerned any civil action on any bond, lease or other contract upon any breach or violation thereof; and (vii) Review and submit recommendations on ordinances approved and execute orders issued by component units; Recommend measures to the sanggunian and advise the governor or mayor as the case may be on all other matters related to upholding the rule of law; Be in the frontline of protecting human rights and prosecuting any violations thereof, particularly those which occur during and in the aftermath of man-made or natural disasters or calamities; and Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.

Javellana vs. DILG (1992) Facts: City Engineer Divinagracia filed an Admin. Case against Atty. Javellana (elected City Councilor) for: continuously engaging in the practice of law without securing the authorization of the Regional Director as required by DILG Memo Circular No.80-38 in relation to DLG Memo Circular No. 74-58, and for being counsel for Javiero and Catapang, who filed a case against him for illegal dismissal, putting him in public ridicule. During pendency of said admin case, Javellana requested the DLG for a permit to continue his practice of law. Request granted. Memo Circular 90-81 was issued setting forth the guidelines for the practice of professions by local elective officials. 1991LGC was enacted. Held: 1. Javellana violated Memorandum Circular 74-58 prohibiting government officials from engaging in private practice if it would represent interests adverse to the government. The illegal dismissal case filed by Javiero and Catapang against Divinagracia is in effect a complaint against the City Govt., their real employer, of which Javellana is a councilman.

CA VE AT:

- 203 Judgment then against City Eng. Divinagracia would be a judgment against the City Govt. By serving as counsel for the complaining employees and assisting them to prosecute their claims against the City Eng., Javellana violated Memo Circ 74-58 which prohibits govt. officials from engaging in the private practice of his profession, if such practice would represent interests adverse to the government. 2.

Memorandum Circular 90-81 and Sec90 of LGC do not violate ArtVIII, Sec5 of Constitution. MC 90-81 and the LGC simply prescribe rules of conduct for public officials to avoid conflicts of interest between the discharge of their public officials and the private practice of their profession, in those instances where the law allows it. 3.

Sec90 of LGC does not discriminate against lawyers and doctors. It applies to all provincial and municipal officials in the profession or engaged in any occupation. If there are some prohibitions that apply particularly to lawyers, it is because of all professions, the practice of law is more likely than others to relate to, or affect, the area of public service.

Ramos vs. CA (1981) Facts: Municipality of Hagonoy filed a suit to recover its 74-ha fishpond through the law firm of Cruz Durian and Academia Par. 19 of complaint alleged that the municipality had obligated itself to pay the law firm not less than 20% of the amount to be recovered as attorney’s fees. Provincial Fiscal and municipal attorney entered their appearance as counsel for municipality with the manifestation that private counsel would be under their supervision and control. Lessee and sublessee of fishpond moved to dismiss the Cruz law firm from serving as counsel of the municipality. TC denied motion. Found that Cruz, the head of the law firm, volunteered to act as counsel due to his desire to serve his native town. CA affirmed. Held: Cruz law firm cannot serve as counsel of municipality. To allow them to serve as counsel of the municipality is a transgression of:

1.

Sec 1683 of the Revised Admin Code which provides that “the provincial fiscal shall represent the province and any municipality or mun. district thereof in any court, except (1)in cases where original jurisdiction is vested in the SC or (2)in cases where the municipality or the municipal district in question is a party adverse to the provincial govt. or to some other municipality or municipal district in the same province.”

2.

Sec 3 Local Autonomy Act which provides that “the municipal attorney as head of the legal division or office of a municipality” shall act as legal counsel of the municipality xxx settled jurisprudence where it was held that the municipality’s authority to employ a private lawyer is expressly limited only

3.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER to situations where the provincial fiscal is disqualified t o represent it. The municipality should not be burdened with the expenses of hiring a private lawyer. Lawmakers assumed that the interests of the municipality would be best protected if a government lawyer handles its litigation. The fact that the municipal attorney and the fiscal are supposed to collaborate with a private law firm does not legalize the latter’s representation of the municipality. While a private prosecutor is allowed in criminal cases, an analogous arrangement is not allowed in civil cases wherein a municipality is the plaintiff

- 204 situations where the provincial fiscal is disqualified to represent it. For the exception to apply, the fact that the provincial fiscal was disqualified to handle the municipality's case must appear on record. In the CAB, there is nothing to show that the provincial fiscal is disqualified to act as counsel for the municipality on appeal, hence the appearance of private counsel is without authority of law.

2.

The fiscal's refusal to represent the municipality is not a legal justification for employing the services of private counsel. Unlike a practising lawyer who has the right to decline employment, a fiscal cannot refuse to perform his functions on grounds not provided for by law without violating his oath of office.

3.

Instead of engaging the services of a special attorney, the municipal council should request the Sec. of Justice to appoint an acting provincial fiscal in place of the provincial fiscal who has declined to handle and prosecute its case in court, pursuant to Sec. 1679 of the RAC.

4.

It is also significant that the lack of authority of Mendiola was even raised by the municipality itself in its comment and opposition to said counsel's motion for execution of his lien, which was filed with the court by the office of the Provincial Prosecutor of Rizal in behalf of said municipality.

5.

The contention of Mendiola that PPC cannot raise for the first time on appeal his lack of authority to represent the municipality is untenable. The legality of his representation can be questioned at any stage of the proceedings.

Section 1683 of the Revised Admin Code is clear in providing that only the provincial fiscal and the municipal attorney can represent a municipality in its lawsuits. That provision is mandatory. J. BARREDO separate opinion: A municipality or province should be allowed to seek the help of competent counsel if it feels its case is of such importance that the services of the fiscal and the municipal attorney would be inadequate and the assistance of private counsel is offered gratis.

DanGat Notess: Rule on Representation – Civil Cases – Legal Officer  Mandatory for Province and City  Optional for Municipality (so Prosecutor represents based on case law ) Criminal Cases – Prosecutor; Private Prosecutor allowed Administrative Cases – Legal officer LGC and Case Law applied – Provincial Prosecutor still represents municipality subject to certain exceptions

6.

Pililla vs. CA (1994) Facts: In connection with the execution of the judgment in favor of the municipality of Pililla, Atty. Felix Mendiola filed a motion in behalf of the municipality with the RTC for the examination of the PPC’s gross sales for certain years for the purpose of computing the tax on business imposed under the Local Tax Code. PPC filed a motion questioning Mendiola’s authority to represent the municipality. Held: Atty. Mendiola has no authority to file a petition in behalf and in the name of the municipality. Private attys. cannot represent a province or municipality in lawsuits.

1.

Under Sec. 1683 of the Revised Administrative Code, complemented by Sec. 3 of RA 2264 (Local Autonomy Law), only the provincial fiscal and the municipal attorney can represent a province or municipality in their lawsuits. The provision is mandatory. The municipality's authority to employ a private lawyer is expressly limited only to

CA VE AT:

Even assuming that the representation of the municipality by Mendiola was duly authorized, said authority is deemed to have been revoked by the municipality when the latter, through the mayor and without said counsel's participation, entered into a compromise agreement with PPC with regard to the execution of the judgment in its favor and thereafter filed personally with the court 2 pleadings constitutive of a "Satisfaction of Judgment" and a "Release and Quitclaim." A client, by appearing personally and presenting a motion by himself, is considered to have impliedly dismissed his lawyer. Herein counsel cannot pretend to be authorized to continue representing the municipality since the latter is entitled to dispense with his services at any time. The client has also an undoubted right to compromise a suit without the intervention of his lawyer. Even the lawyers' right to fees from their clients may not be invoked by the lawyers themselves as a ground for disapproving the approval of a compromise agreement. 7.

That it is impossible that municipality will file a similar petition considering that the mayor who controls its legislative body will not take the initiative is conjectural and without factual basis.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER There is presently a manifestation and motion pending with RTC filed by the mayor for withdrawal of Satisfaction and Quitclaim previously filed.

Ramos vs. CA (1997) Facts: Petitioners and the Baliuag Market Vendors Association filed a petition before the RTC for the declaration of nullity of Municipal Ordinances Nos91 and 7 and the contract of lease over a commercial arcade to be constructed in the municipality At the pre-trial conference, Atty. Roberto Romanillos appeared, manifesting that he was counsel for the municipality. He also filed a motion to dissolve injunction and other pleadings. Provincial Attorney Regalado appeared as collaborating counsel of Romanillos. The Provincial Fiscal did not appear. It was Romanillos who submitted the Reply to petitioners' Opposition to the motion to dissolve injunction. Romanillos also submitted a written formal offer of evidence for the municipality. Petitioners questioned the personality of Romanillos to appear as counsel for the municipality. The petitioners also sought to disqualify Romanillos from appearing as counsel for the municipality and to declare null and void the proceedings participated in by Romanillos. Meanwhile, Romanillos and Regalado filed a joint motion stating that Romanillos was withdrawing as counsel for the municipality and that Regalado, as his collaborating counsel is adopting the entire proceedings participated in by Romanillos. Held: 1. A private lawyer cannot represent the municipality in CAB. Under Sec. 1683 of the Revised Administrative Code, private attorneys cannot represent a province or municipality in lawsuits. The provincial fiscal's functions as legal officer and adviser for the civil cases of a province and corollarily, of the municipalities thereof, were subsequently transferred to the provincial attorney. Only the provincial fiscal, provincial attorney, and municipal attorney should represent a municipality in its lawsuits. Only in exceptional instances may a private attorney be hired by a municipality to represent it in lawsuits. The ff. are the exceptional instances: a. If and when original jurisdiction of a case involving the municipality is vested in the SC b. When the municipality is a party adverse to the provincial government or to some other municipality in the same province c. When, in a case involving the municipality, he, or his wife, or child, is pecuniarily involved, as heir, legatee, creditor or otherwise. None of the exceptions is present in this case. It may be said that Romanillos appeared for the municipality inasmuch as he was already counsel of Kristi Corporation which was sued with the municipality in this same case.

CA VE AT:

- 205 The order of the court stated that Romanillos "entered his appearance as collaborating counsel of the provincial prosecutor and the provincial attorney." This collaboration is contrary to law. Private lawyers may not represent municipalities on their own. Neither may they do so even in collaboration with authorized government lawyers. This is anchored on the principle that only accountable public officers may act for and in behalf of public entities and that public funds should not be expended to hire private lawyers. Petitioners cannot be held in estoppel for questioning the legality of the appearance of Romanillos, notwithstanding that they questioned the witnesses of the municipality during the hearing of its motion to dissolve the preliminary injunction. The legality of the representation of an unauthorized counsel may be raised at any stage of the proceedings. 2.

Nevertheless, the adoption by the Provincial Attorney of the proceedings participated in by Atty. Romanillos has validated the proceedings. In sum, although a municipality may not hire a private lawyer to represent it in litigations, in the interest of substantial justice however, a municipality may adopt the work already performed in good faith by such private lawyer, which work is beneficial to it o provided that no injustice is thereby heaped on the adverse party and o provided further that no compensation in any guise is paid therefor by said municipality to the private lawyer. Unless so expressly adopted, the private lawyer's work cannot bind the municipality. It does not appear that the adoption of proceedings participated in or undertaken by Romanillos when he was private counsel for the municipality would have resulted in any substantial prejudice to petitioners' interest. To declare the said proceedings null and void — notwithstanding the formal adoption thereof by Regalado as Provincial Attorney — and to require trial anew to cover the same subject matter, to hear the same witnesses and to admit the same evidence adduced by the same parties cannot enhance the promotion of justice. 3.

A motion to withdraw the appearance of an unauthorized lawyer is a non-adversarial motion that need not comply with Sec14, Rule15 as to notice to the adverse party.

Alinsug vs. RTC (1993) Facts: Alinsug, received a permanent appointment as Clerk III in the Office of the Municipal Planning and Development Coordinator. She was later detailed to the office of the mayor. Mayor Ponsica issued Office Order No. 31suspending Zonsayda for one month and one day commencing for "a simple misconduct which can also be categorized as an act of insubordination." Alinsug petitioned against the Mayor and the municipal treasurer.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Mayor Ponsica and the municipal treasurer filed an answer through private practitioner Samuel SM Lezama, and filed a counterclaim. Petitioner opposed – since they were sued in their official capacities, "not including their private capacities," they should have been represented by either the municipal legal officer or the provincial legal officer or prosecutor as provided for by Sec. 481 (b) [i] and [3] of the Local Government Code. Held: A private counsel may represent municipal officials being sued in their official capacities. Section 481, Article 11 of Title V of the Code specifies that a legal officer can: (i) Represent the local government unit in all civil actions and special proceedings wherein the local government unit or any official thereof, in his official capacity, is a party: Provided, that in actions or proceedings where a component city or municipality is a party adverse to the provincial government or to another component city or municipality, a special legal officer may be employed to represent the adverse party; It appears that the law allows a private counsel to be hired by a municipality only when the municipality is an adverse party in a case involving the provincial government or another municipality or city within the province Court sanctions the representation by private counsel when the official charged is found to have exceeded his authority and is therefore personally liable for the effects thereof Where rigid adherence to the law on representation of local officials in court actions could deprive a party of his right to redress for a valid grievance, the hiring of a private counsel would be proper. In Albuera v. Torres: a provincial governor sued in his official capacity may engage the services of private counsel when "the complaint contains other allegations and a prayer for moral damages, which, if due from the defendants, must be satisfied by them in their private capacity." Look at the nature of the action and the relief sought: CAB: admittedly suit was file against respondents as public officials, BUT Certain allegations were beyond official duties of the officers: harassment and political vendetta petition then claims moral and exemplary damages, as well as litigation expenses personal liability of the officials concerned

Mancenido vs. CA (2000)

Held: A private counsel may represent municipal officials sued in their official capacities depending on the nature of the action and the relief sought. In a line of cases, the SC held that only when the provincial fiscal is disqualified may the municipal council be authorized to hire the services of a special attorney. The following are the instances when the provincial public prosecutor is disqualified from representing a particular municipality: 1. When the jurisdiction of a case involving the municipality lies with the Supreme Court 2. When the municipality is a party adverse to the provincial government or to some other municipality in the same province 3. When in a case involving the municipality, the provincial prosecutor, his spouse, his child is involved as a creditor, legatee, or otherwise. In resolving whether a local government official may secure the services of a private counsel in an action filed against him in his official capacity, the nature of the action and the relief sought are to be considered. Instances when representation by private counsel of a public official sued in his official capacity was allowed: 1. Where the complaint contained other allegations and a prayer for moral damages, which if due from the defendants must be satisfied by them in their private capacity. 2. Where rigid adherence to the law on representation would deprive a part of his right to redress for a valid grievance In view of the damages sought which, if granted, could result in personal liability, respondents could not be deemed to have been improperly represented by private counsel. Hence, CA did not err when it recognized the right of respondents to be represented by private counsel.

Natividad vs. Felix (1994)

Facts: Mancenido filed an action for mandamus and damages with the RTC against the Provincial Board, the school board, the provincial governor, provincial treasurer and provincial auditor to pay the teachers’ claim for unpaid salary increases. The RTC rendered a decision ordering the Provincial School Board to appropriate amount as unpaid salary increases and to satisfy the claim.

CA VE AT:

- 206 Private respondents then filed a petition for mandamus, prohibition and injunction with the court of appeals with the prayer, among other things, that their notice to appeal be given due course and the trial court be prohibited from enforcing the partial execution of its judgment. Appellate court rendered a decision favorable to private respondents.

Facts: Natividad was Municipal Mayor of Ramos, Tarlac. An information for the murder of Severino Aquino at the Ramos Police Station was filed against Mayor Natividad and one Boy Llerina before the sala of Judge Felix of RTC. A warrant for his arrest was issued. Upon motion, Judge Felix recalled the warrant & remanded the case for further prelim investigation.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER The panel of prosecutors submitted an amended information with a resolution that probable cause exists.  Judge Felix admitted the amended information and again directed the issuance of a warrant of arrest against Natividad. Natividad moved to remand the case for prelim investigation with motion to quash the warrant, contending that the Ombudsman and not the Provincial Prosecutor had jurisdiction to conduct the prelim investigation and that the proper court w/c had jurisdiction over the case was the Sandiganbayan  denied. Held: Ombudsman has no jurisdiction to conduct a preliminary investigation over the case. The Ombudsman’s primary jurisdiction is dependent on the cases cognizable by the Sandiganbayan, hence, legislation relative to the jurisdiction of the Sandiganbayan must be traced. §4 (a)(2) of the latest law on the Sandiganbayan, PD 1861, requires that the ff. requisites concur for a case to fall under the jurisdiction of the Sandigan: the offense committed by the public officer must be in relation to his office; and the penalty prescribed must be higher than prision correccional (or imprisonment for 6yrs) or a fine of P6K CAB: The 1st requirement is absent. PD1861 should be taken into consideration in the application & interpretation of Art. XI §§12-13 of the 1987 Consti and the Ombudsman Act of 1989 because PD1861 is in pari materia20 to Art. XI and the Ombudsman Act. A statute must be interpreted, not only to be consistent w/ itself, but also to harmonize w/ other laws on the same subject matter, as to form a complete, coherent and intelligible system. The offense was NOT committed in the performance of the mayor’s responsibility to maintain peace & order. (The victim was allegedly a robbery & NPA suspect, under investigation at the time he was killed at the police station).  The alleged act does not fall under any of the functions of municipal mayor under §444 of the LGC. Neither may it be implied therefrom. Assuming that the act was in the performance of petitioner’s official functions, thus satisfying the 1st requirement, still the Ombudsman has only primary jurisdiction over cases cognizable by the Sandiganbayan, not EXCLUSIVE original jurisdiction. His authority is a shared or concurrent authority with similarly authorized agencies of the govt in respect of the offense charged.  §15(1) of RA6770 (Ombudsman Act of 1989) uses the word “may” in regard to the Ombudsman’s assumption of its primary jurisdiction over cases cognizable by the Sandiganbayan. It follows that the Ombudsman’s powers are but directory in nature.

20

Statutes are in pari materia when they relate to the same person or thing or to the same class of persons or things, or object, or cover the same specific or particular subject matter.

CA VE AT:

- 207 -

Masturbation (Part 2) Masturbation Tips for Girls If you're masturbating for the first time--or even if you're a seasoned pro--take a few moments to relax, heighten your senses and explore your body. Dim the lights, turn on some soft, sensual music, light a few candles and burn some incense. You may feel a little silly making all these preparations just to have sex with yourself, but try it at least once and see if you like it. Many women are surprised at their bodies' responses to a sensual environment. Once the room is ready, remove your clothes and recline on the bed or sofa. Make sure you're completely comfortable; try propping your elbows on a few pillows. Then begin to explore your body. Stroke your breasts, belly and thighs. Feel your skin raise into goosebumps as you become aroused by your own touch. Don't leave an inch of skin unexplored: search out and touch all the places on your body you don't consider to be "sexual," such as the backs of your knees, your underarms, the crevice between your vulva and inner thighs. You'll soon find out what turns you on. When you're completely comfortable with your body, move your hands between your legs. If this is difficult or uncomfortable for you, start slow. Get out a hand mirror and a flashlight and look at yourself. Many women have never done this before and have no idea what they look like. In order to feel completely comfortable masturbating, you need to understand your anatomy. Pull your labia apart and examine your clitoris and vaginal opening. Try stroking your clitoris and watch what happens. As you become aroused, blood will flow to your clitoris, enlarging it and turning it a deep shade of red--much like a man's erect penis. The sensitive skin below your clitoris, surrounding your vaginal opening, may become puckered, like the goosebumps on your arms and legs. Don't worry! It's a perfectly natural response to arousal. (continued…)

The Loc al Boa rd s Local School Boards Sec98. Creation, Composition, and Compensation. — (a) There shall be established in every province, city, or municipality a provincial, city, or municipal school board, respectively. (b) The composition of local school boards shall be as follows: (1) The provincial school board shall be composed of the governor and the division superintendent of schools as

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER co-chairman; the chairman of the education committee of the sangguniang panlalawigan, the provincial treasurer, the representative of the "pederasyon ng mga sangguniang kabataan" in the sangguniang panlalawigan, the duly elected president of the provincial federation of parents-teachers associations, the duly elected representative of the teachers' organizations in the province, and the duly elected representative of the non-academic personnel of public schools in the province, as members; (2) The city school board shall be composed of the city mayor and the city superintendent of schools as co-chairmen; the chairman of the education committee of the sangguniang panlungsod, the city treasurer, the representative of the "pederasyon ng mga sangguniang kabataan" in the sangguniang panlungsod, the duly elected president of the city federation of parentsteachers associations, the duly elected representative of the teachers' organizations in the city, and the duly elected representative of the non-academic personnel of public schools in the city, as members; and (3) The municipal school board shall be composed of the municipal mayor and the district supervisor of schools as co-chairmen; the chairman of the education committee of the sangguniang bayan, the municipal treasurer, the representative of the "pederasyon ng mga sangguniang kabataan" in the sangguniang bayan, the duly elected president of the municipal federation of parent-teacher associations, the duly elected representative of the teachers' organizations in the municipality, and the duly elected representative of the non-academic personnel of public schools in the municipality, as members. (c) In the event that a province or city has two (2) or more school superintendents, and in the event that a municipality has two (2) or more district supervisors, the co-chairman of the local school board shall be determined as follows: (1) The Department of Education, Culture and Sports shall designate the co-chairman for the provincial and city school boards; and (2) The division superintendent of schools shall designate the district supervisor who shall serve as co-chairman of the municipal school board. (d) The performance of the duties and responsibilities of the abovementioned officials in their respective local school boards shall not be delegated. Sec99. Functions of Local School Boards. — The provincial, city or municipal school board shall: (a) Determine, in accordance with the criteria set by the Department of Education, Culture and Sports, the annual supplementary budgetary needs for the operation and maintenance of public schools within the province, city, or municipality, as the case may be, and the supplementary local cost of meeting such as needs, which shall be reflected in the form of an annual school board budget corresponding to its share of the proceeds of the special levy on real property constituting the Special Education Fund and such other sources

CA VE AT:

- 208 of revenue as this Code and other laws or ordinances may provide; (b) Authorize the provincial, city or municipal treasurer, as the case may be, to disburse funds from the Special Education Fund pursuant to the budget prepared and in accordance with existing rules and regulations; (c) Serve as an advisory committee to the sanggunian concerned on educational matters such as, but not limited to, the necessity for and the uses of local appropriations for educational purposes; and (d) Recommend changes in the names of public schools within the territorial jurisdiction of the local government unit for enactment by the sanggunian concerned. The Department of Education, Culture and Sports shall consult the local school board on the appointment of division superintendents, district supervisors, school principals, and other school officials.

Sec100. Meetings and Quorum; Budget. — (a) The local school board shall meet at least once a month or as often as may be necessary. (b) Any of the co-chairmen may call a meeting. A majority of all its members shall constitute a quorum. However, when both cochairmen are present in a meeting, the local chief executive concerned, as a matter of protocol, shall be given preference to preside over the meeting. The division superintendent, city superintendent or district supervisor, as the case may be, shall prepare the budget of the school board concerned. Such budget shall be supported by programs, projects, and activities of the school board for the ensuing fiscal year. The affirmative vote of the majority of all the members shall be necessary to approve the budget. (c) The annual school board budget shall give priority to the following: (1) Construction, repair, and maintenance of school buildings and other facilities of public elementary and secondary schools; (2) Establishment and maintenance of extension classes where necessary; and (3) Sports activities at the division, district, municipal, and barangay levels. Sec101. Compensation and Remuneration. — The co-chairmen and members of the provincial, city or municipal school board shall perform their duties as such without compensation or remuneration. Members thereof who are not government officials or employees shall be entitled to necessary traveling expenses and allowances chargeable against the funds of the local school board concerned, subject to existing accounting and auditing rules and regulations. Cebu Province COA v. Province of Cebu (2001) The salaries and personnel-related benefits of the public school teachers in connection with the establishment and maintenance of extension classes may be charged to the SEF. The deliberations on the LGC clearly demonstrated that the legislature intended the

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER SEF to answer for the compensation of teachers handling extension classes.

•

Even under the Doctrine of Necessary Implication, the allocation of the SEF for the establishment and maintenance of extension classes logically implies the hiring of teachers who should, as a matter of course, be compensated for their services.

•

The operation and maintenance of public schools are lodged principally with the DECS. This is why only salaries of public school teachers appointed for extension classes pertain to the supplementary budget of the local school boards. So, not every kind of personnel-related benefits may be charged to the SEF. But scholarship grants are not among the projects chargeable to the SEF. This item was omitted intentionally from the LGC. The Doctrine of Necessary Implication cannot be applied, since scholarship grants are neither necessary nor indispensable to the operation and maintenance of public schools. Such grants should be charged instead to the General Funds of the province.

Osea v. Malaya (2002)

she was appointed as Officer-in-charge, Assistant Schools Division Superintendent of Camarines Sur by DECS Sec. Gloria, upon endorsement of the Provincial School Board of Camarines Sur

2.

despite the recommendation of Gloria, Pres. Ramos instead appointed Malaya to the position of Schools Division Superintendent of Camarines Sur 3. Malaya's appointment was made without prior consultation with the Provincial School Board, in violation of Section 99 of the LGC. CSC found that Ramos appointed respondent from OIC Schools Division Superintendent of Iriga City to Schools Division Superintendent without any specific Division. Subsequently, Gloria designated respondent as Schools Division Superintendent of Camarines Sur and petitioner as Schools Division Superintendent of Iriga City. Held: Osea’s petition has no merit. • Sec. 99 applies to appointments made by the DECS, because when the LGC was enacted, Schools Division Superintendents were appointed by the DECS to specific division or location. In 1994, the Career Executive Service Board issued Memorandum Circular 21 placing the positions of Schools Division Superintendent within the career executive service. Consequently, the power to appoint persons to career executive service positions was transferred from the DECS to the President. The appointment may not be specific as to location. The perogative to designate the appointees to their particular stations was vested in the DECS.

CA VE AT:

The appointment issued by Ramos in favor of Malaya as Schools Division Superintendent did not specify her station. It was Sec Gloria who assigned respondent to the Division of Camarines Sur, and Osea to the division of Iriga City. Hence, these designations partook of a nature of reassignments. These do not need prior consultation with the local school board. Appointment: the selection, by the authority vested with the power, of an individual who is to exercise the functions of a given office. Reassignment: merely a movement of an employee from one organizational unit to another in the same department or agency which does not involve a reduction in rank, status or salary and does not require the issuance of an appointment.

From class notes: Transfer of appointment by virtue of memorandum circular has become an accepted practice. But sir doubts if this is correct.

Local Health Boards

Osea prays for the recall of respondent's appointment. She avers that

1.

•

- 209 -

Sec102. Creation and Composition. — (a) There shall be established a local health board in every province, city, or municipality. The composition of the local health boards shall be as follows: (1) The provincial health board shall be headed by the governor as chairman, the provincial health officer as vice-chairman, and the chairman of the committee on health of the sangguniang panlalawigan, a representative from the private sector or nongovernmental organizations involved in health services, and a representative of the Department of Health in the province, as members; (2) The city health board shall be headed by the city mayor as chairman, the city health officer as vice-chairman, and the chairman of the committee on health of the sangguniang panlungsod, a representative from the private sector or nongovernmental organizations involved in health services, and a representative of the Department of Health in the city, as members; and (3) The municipal health board shall be headed by the municipal mayor as chairman, the municipal health officer as vicechairman, and the chairman of the committee on health of the sangguniang bayan, a representative from the private sector or non-governmental organizations involved in health services, and a representative of the Department of Health in the municipality, as members. (b) The functions of the local health board shall be: (1) To propose to the sanggunian concerned, in accordance with standards and criteria set by the Department of Health, annual budgetary allocations for the operation and maintenance of health facilities and services within the municipality, city or province, as the case may be; (2) To serve as an advisory committee to the sanggunian concerned on health matters such as, but not limited to, the

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER necessity for, and application of local appropriations for public health purposes; and (3) Consistent with the technical and administrative standards of the Department of Health, create committees which shall advise local health agencies on matters such as, but not limited to, personnel selection and promotion, bids and awards, grievance and complaints, personnel discipline, budget review, operations review and similar functions. Sec103. Meetings and Quorum. — (a) The board shall meet at least once a month or as may be necessary. (b) A majority of the members of the board shall constitute a quorum, but the chairman or the vice- chairman must be present during meetings where budgetary proposals are being prepared or considered. The affirmative vote of all the majority of the members shall be necessary to approve such proposals. Sec104. Compensation and Remuneration. — The chairman, vice-chairman, and members of the provincial, city or municipal health board shall perform their duties as such without compensation or remuneration. Members thereof who are not government officials or employees shall be entitled to necessary traveling expenses and allowances chargeable against the funds of the local health board concerned, subject to existing accounting and auditing rules and regulations. Sec105. Direct National Supervision and Control by the Secretary of Health. — In cases of epidemics, pestilence, and other widespread public health dangers, the Secretary of Health may, upon the direction of the President and in consultation with the local government unit concerned, temporarily assume direct supervision and control over health operations in any local government unit for the duration of the emergency, but in no case exceeding a cumulative period of six (6) months. With the concurrence of the government unit concerned, the period for such direct national control and supervision may be further extended. Local Development Councils Sec106. Local Development Councils. — (a) Each local government unit shall have a comprehensive multi-sectoral development plan to be initiated by its development council and approved by its sanggunian. For this purpose, the development council at the provincial, city, municipal, or barangay level, shall assist the corresponding sanggunian in setting the direction of economic and social development, and coordinating development efforts within its territorial jurisdiction. Sec107. Composition of Local Development Councils. — The composition of the local development council shall be as follows: Barangay Local Development Councils: (1) Members of the sangguniang barangay; (2) Representatives of non-governmental organizations operating in the barangay who shall constitute not less

CA VE AT:

- 210 than one fourth (¼) of the members of the fully organized council; (3) A representative of the congressman. (b) The city or municipal development council shall be headed by the mayor and shall be composed of the following members: (1) All punong barangays in the city or municipality; (2) The chairman of the committee on appropriations of the sangguniang panlungsod or sangguniang bayan concerned; (3) The congressman or his representative; and (4) Representatives of non-governmental organizations operating in the city or municipality, as the case may be, who shall constitute not less than one-fourth (¼) of the members of the fully organized council. (c) The provincial development council shall be headed by the governor and shall be composed of the following members: (1) All mayors of component cities and municipalities; (2) The chairman of the committee on appropriations of the sangguniang panlalawigan; (3) The congressman or his representative; and (4) Representatives of non-governmental organizations operating in the province, who shall constitute not less than one-fourth (¼) of the members of the fully organized council. (d) The local development councils may call upon any local official concerned or any official of national agencies or offices in the local government unit to assist in the formulation of their respective development plans and public investment programs.

Sec108. Representation of Non-governmental Organizations. — Within a period of sixty (60) days from the start of organization of local development councils, the nongovernmental organizations shall choose from among themselves their representatives to said councils. The local sanggunian concerned shall accredit non-governmental organizations subject to such criteria as may be provided by law. Sec109. Functions of Local Development Councils. — (a) The provincial, city, and municipal development councils shall exercise the following functions: (1) Formulate long-term, medium-term, and annual socioeconomic development plans and policies; (2) Formulate the medium-term and annual public investment programs; (3) Appraise and prioritize socio-economic development programs and projects; (4) Formulate local investment incentives to promote the inflow and direction of private investment capital; (5) Coordinate, monitor, and evaluate the implementation of development programs and projects; and (6) Perform such other functions as may be provided by law or component authority.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER (b) The barangay development council shall exercise the following functions: (1) Mobilize people's participation in local development efforts; (2) Prepare barangay development plans based on local requirements; (3) Monitor and evaluate the implementation of national or local programs and projects; and (4) Perform such other functions as may be provided by law or competent authority. Sec110. Meetings and Quorum. — The local development council shall meet at least once every six (6) months or as often as may be necessary. Sec111. Executive Committee. — The local development council shall create an executive committee to represent it and act in its behalf when it is not in session. The composition of the executive committee shall be as follows: (1) The executive committee of the provincial development council shall be composed of the governor as chairman, the representative of component city and municipal mayors to be chosen from among themselves, the chairman of the committee on appropriations of the sangguniang panlalawigan, the president of the provincial league of barangays, and a representative of non-governmental organizations that are represented in the council, as members; (2) The executive committee of the city or municipal development council shall be composed of the mayor as chairman, the chairman of the committee on appropriations of the sangguniang panlalawigan, the president of the city or municipal league of barangays, and a representative of nongovernmental organizations that are represented in the council, as members; and aisa dc (3) The executive committee of the barangay development council shall be composed of the punong barangay as chairman, a representative of the sangguniang barangay to be chosen from among its members, and a representative of nongovernmental organizations that are represented in the council, as members. (b) The executive committee shall exercise the following powers and functions: (1) Ensure that the decision of the council are faithfully carried out and implemented; (2) Act on matters requiring immediate attention or action by the council; (3) Formulate policies, plans, and programs based on the general principles laid down by the council; and (4) Act on other matters that may be authorized by the council. Sec112. Sectoral or Functional Committees. — The local development councils may form sectoral or functional committees to assist them in the performance of their functions. Sec113. Secretariat. — There is hereby constituted for each local development council a secretariat which shall be responsible for providing technical support, documentation of proceedings, preparation of reports and such other assistance as may be

CA VE AT:

- 211 required in the discharge of its functions. The local development council may avail of the services of any non-governmental organization or educational or research institution for this purpose. The secretariats of the provincial, city, and municipal development councils shall be headed by their respective planning and development coordinators. The secretariat of the barangay development council shall be headed by the barangay secretary who shall be assisted by the city or municipal planning and development coordinator concerned.

Sec114. Relation of Local Development Councils to the Sanggunian and the Regional Development Council. — (a) The policies, programs, and projects proposed by local development councils shall be submitted to the sanggunian concerned for appropriate action. (b) The approved development plans of provinces, highlyurbanized cities, and independent component cities shall be submitted to the regional development council, which shall be integrated into the regional development plan for submission to the National Economic and Development Authority, in accordance with existing laws. Sec115. Budget Information. — The Department of Budget and Management shall furnish the various local development councils information on financial resources and budgetary allocations applicable to their respective jurisdictions to guide them in their planning functions

RA 7368 (1992): An Act to Launch and Promote Countrywide Industrialization Through The Establishment Of Manufacturing, Processing And Related Industries By Providing Financial Assistance To Enterprises In Every Town And City Not Exceeding P30 Million And P40 Million, Respectively, Authorizing The Appropriation Therefor In The Amount Of P1 Billion Per Year For The Next Five Years As Initial Capital, And For Other Purposes Sec6. Executive Committee of Local Development Council as the Local Countrywide Industrialization Board. — The Executive Committee of the municipal, city and provincial development councils shall serve as the Local Countrywide Industrialization Board (LCIB) which shall be directed towards the development of technology and skills, assist all enterprises in the utilization of indigenous raw materials for livelihood programs and in the delivery of credit organizations and marketing services. In addition to the functions of the local development councils as mandated in the Local Government Code of 1991 (Republic Act No. 7160), they shall perform the following functions: a) receive all applications for countrywide industrialization projects within its area of jurisdiction; evaluate and approve or disapprove all project applications within thirty (30) days from receipt thereof; and endorse projects to the Countrywide Industrialization Office (CIO) for funding;

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER b) in coordination with the conduit banks, monitor the status of approved projects, help enterprises obtain marketing, technical training and other forms of non-financial assistance as they may require from agencies of the National and Local Governments; c) review the industrialization plan for the province, city or municipality as prepared by the municipal, city or provincial development officer if the funding required for the proposed project is to be sourced from CIF; d) disseminate pertinent information; and e) submit quarterly reports to the CIO on the amounts of financial assistance received by the countrywide industrialization projects within its jurisdiction, and a status report on each countrywide industrialization project. Copy of the report shall be furnished the Sangguniang Bayan or Sangguniang Panlungsod concerned.

Local Peace and Order Council Sec116. Organization. — There is hereby established in every province, city and municipality a local peace and order council, pursuant to (E.O. No. 309), as amended, Series of 1988. The local peace and order councils shall have the same composition and functions as those prescribed by said executive order.

Autonomous Special Economic Zones Sec117. Establishment of Autonomous Special Economic Zones. — The establishment by law of autonomous special economic zones in selected areas of the country shall be subject to concurrence by the local government units included therein.

RA 7916 (1995) – An Act Providing For The Legal Framework And Mechanisms For The Creation, Operation, Administration, And Coordination Of Special Economic Zones In The Philippines, Creating For This Purpose, The Philippine Economic Zone Authority (Peza), And For Other Purposes Sec44. Relationship with the Local Government Units. — Except as herein provided, the local government units comprising the ECOZONE shall retain their basic autonomy and identity. The cities shall be governed by their respective charters and the municipalities shall operate and function in accordance with RA7160, otherwise known as the Local Government Code of 1991. RA 7903 (1995) – The Zamboanga City Special Economic Zone Act of 1995 xxx Sec2. Declaration of Policy. — It is hereby declared the policy of the State to encourage and promote the attainment of a sound and balanced industrial, economic and social development in the country through the promotion of private enterprises.

CA VE AT:

- 212 Towards this end, the State shall endeavor to establish special economic zones in suitable and selected areas in the country where enterprises will be given incentives to create an environment conducive to business. This shall be the means to attract local and foreign investors, general employment opportunities, and encourage the regional dispersal of industries.

Sec3. Creation of the Zamboanga City Special Economic Zone. — In accordance with the foregoing policy and subject to the concurrence of the city government of Zamboanga affected by the zone, there is hereby established a special economic zone in the City of Zamboanga to be known as the Zamboanga City Special Economic Zone, hereinafter referred to as the ZAMBOECOZONE. The specific metes and bounds of the ZAMBOECOZONE shall be more particularly defined in a presidential proclamation that shall be issued for this purpose. Sec4. Governing Principles. — The Zamboanga City Special Economic Zone shall be managed and operated under the following principles: (a) Within the framework and limitations of the Constitution and the applicable provisions of the Local Government Code, the ZAMBOECOZONE shall be developed into a decentralized, selfreliant and self-sustaining agro-industrial, commercial, financial, investment and tourist center and free port with suitable retirement and residential areas. The ZAMBOECOZONE shall be provided with transportation, telecommunications, and other facilities needed to attract legitimate and productive foreign investments, generate linkage industries and employment opportunities for the people of Zamboanga City and its neighboring towns and cities. (b) The ZAMBOECOZONE may establish mutually beneficial economic relations with other entities within the country, subject to the administrative guidance of the Department of Foreign Affairs and/or Department of Trade and Industry with foreign entities or enterprises. (c) Foreign citizens and companies owned by non-Filipinos in whatever proportion may set up enterprises in the ZAMBOECOZONE, either by themselves or in joint venture with Filipinos in any sector of industry, international trade and commerce within the ZAMBOECOZONE. (d) The ZAMBOECOZONE shall be managed and operated as a separate customs territory to ensure and facilitate the free flow, entry and movement of machinery and other goods. It shall be vested with the authority to issue certificates of origin for products manufactured or processed in the ZAMBOECOZONE in accordance with prevailing rules of origin, and the pertinent regulations of the duly recognized national bodies tasked to oversee all other ECOZONES in the country. (e) Business establishments within the ZAMBOECOZONE shall be entitled to the existing fiscal incentives as provided for under Presidential Decree No. 66, the law creating the Export Processing Zone Authority, or those provided under Book VI of Executive Order No. 226, otherwise known as the Omnibus Investment Code of 1987, and such incentives, benefits or privileges presently enjoyed by business establishments

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER operating within the Subic special economic zone pursuant to Republic Act No. 7227. acd (f) Any provisions of existing laws, rules or regulations to the contrary notwithstanding, no taxes, local and national, shall be imposed on business establishments operating within the ZAMBOECOZONE. In lieu of paying taxes, said business establishments shall pay and remit to the national government two percent (2%) of their gross income. In addition, they shall remit to the city government of Zamboanga three percent (3%) of their gross income, to be allocated as follows: (1) 2% to the City of Zamboanga; and (2) 1% to the barangay special development fund, which is hereby created, for the development and improvement of the barangays within the City of Zamboanga. (g) Except as otherwise provided herein, the LGU/s embraced within the ZAMBOECOZONE shall retain and maintain their basic autonomy and identity. Zamboanga City shall operate and function in accordance with RA No. 7160, otherwise known as the Local Government Code of 1991. (h) nAny foreign investor who establishes a business enterprise within the ZAMBOECOZONE and who maintains capital investment of not less than US$150,000 shall be granted, along with his or her spouse, dependents, and unmarried children below 21 years of age, a permanent resident status within the ZAMBOECOZONE. Such foreign investor and his or her spouse, dependents and unmarried children below the age of 21 years, shall have freedom of ingress and egress to and from the ZAMBOECOZONE without any need of any special authorization from the Bureau of Immigration and Deportation. Likewise, the Zamboanga City Special Economic Zone Authority shall issue working visas renewable every 2 years to foreign executives and foreign technicians with highly specialized skills which no Filipino possesses, as certified by the Department of Labor and Employment. The names of the foreigners granted permanent resident status and working visas by the Zamboanga City Special Economic Zone Authority shall be reported to the Bureau of Immigration and Deportation within 30 days from such grant. The foregoing is without prejudice to a foreigner acquiring permanent resident status in the Philippines in accordance with applicable immigration, retirement, and other related laws. (i) The provisions of any law to the contrary notwithstanding, any foreigner, partnership, corporation, or any other business association not created and existing under the laws of the Republic of the Philippines, engaged in the business of retailing goods and merchandise, shall be permitted to engage in the business in such retail trade within the ZAMBOECOZONE after securing license for that purpose from the Zamboanga City Special Economic Zone Authority: Provided, That only foreign nationals engaged in medium- and large-scale retail trade may be permitted to engage in such business within the ZAMBOECOZONE. The determination of the medium- and large-scale retail trade operation shall be the responsibility of the ZAMBOECOZONE Authority. (j) Existing banking laws and Bangko Sentral ng Pilipinas (BSP) rules and regulations shall apply on foreign exchange and other current account transactions (trade and non-trade), local and

CA VE AT:

- 213 foreign borrowings, foreign investments, establishment and operation of local and foreign banks, foreign currency deposit units, offshore banking units and other financial institutions under the supervision of the BSP.

Sec5. Creation of the Zamboanga City Special Economic Zone Authority. — Subject to the concurrence of the local government units that will be affected by the creation of the ZAMBOECOZONE, there is hereby created a body corporate to be known as the Zamboanga City Special Economic Zone Authority, hereinafter referred to as the ZAMBOECOZONE Authority, which shall manage and operate the ZAMBOECOZONE, in accordance with this Act. It shall be organized within one hundred eighty (180) days after the effectivity of this Act. Sec6. Principal Office. — The ZAMBOECOZONE Authority shall maintain its principal office in the City of Zamboanga, but it may establish branches and agencies within the Philippines and abroad as may be necessary for the proper conduct of its business. Sec7. Powers and Functions of the ZAMBOECOZONE Authority. — The ZAMBOECOZONE Authority shall have the following functions: (a) To operate, administer, and manage the ZAMBOECOZONE according to the principles and provisions set forth in this Act; (b) To recommend to the President the issuance of a proclamation to fix and delimit the site of the ZAMBOECOZONE; (c) To register, regulate and supervise the enterprises in the ZAMBOECOZONE in an efficient and decentralized manner; (d) To regulate and undertake the establishment, operation and maintenance of utilities, other services and infrastructure in the ZAMBOECOZONE such as heat, light and power, water supply, telecommunications, transport, toll roads and bridges, port services, etc., and to fix reasonable and competitive rates, fares, charges and prices therefor; (e) To construct, acquire, own, lease, operate and maintain on its own or through others by virtue of contracts, franchises, licenses, or permits under any of the schemes allowed in Republic Act No. 6957 (the build-operate-transfer law), or in joint venture with the private sector, any or all of the public utilities and infrastructure required or needed in the ZAMBOECOZONE in coordination with appropriate national and local government authorities and in conformity with applicable laws thereon; (f) To operate on its own, either directly or through a subsidy entity, or license to other tourism related activities, including games, amusements and recreational and sports facilities; (g) Within the limitation provided by law, to raise or borrow adequate and necessary funds from local or foreign sources to finance its projects and programs under this Act, and for that purpose to issue bonds, promissory notes, and other forms of securities, and to secure the same by a guarantee, pledge, mortgage, deed of trust, or an assignment of all part of its property or assets; (h) To provide security for the ZAMBOECOZONE in coordination with national and local governments. For this purpose, the ZAMBOECOZONE Authority may establish and maintain its own

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER security force and firefighting capability or hire others to provide the same; (i) To protect, preserve, maintain and develop the virgin forests, beaches, coral and functional units or offices within the ZAMBOECOZONE. (j) To create, operate and/or contract to operate such agencies and functional units or offices of the ZAMBOECOZONE Authority as it may deem necessary; (k) To adopt, alter and use a corporate seal; make contracts, leases, own or otherwise dispose of personal or real property; sue and be sued; and otherwise carry out its functions and duties as provided for in this Act; and (l) To issue rules and regulations consistent with the provisions of this Act as may be necessary to implement and accomplish the purposes, objectives, and policies provided therein. Sec8. Non-profit Character of the ZAMBOECOZONE Authority. — The ZAMBOECOZONE Authority shall be non-profit and shall devote the use of its returns from capital investments, as well as excess revenues from its operations, for the development, improvement, and maintenance and other related expenditures of the ZAMBOECOZONE Authority to pay its indebtedness and obligations and in furtherance and effective implementation of the policy provided in this Act. In consonance with this, the ZAMBOECOZONE Authority is hereby declared exempt from the payment of all taxes, duties, fees, imposts, charges, costs and service fees in any court or administrative proceedings in which it may be a party. The foregoing exemptions may however be entirely or partially lifted by the President of the Philippines upon the recommendation of the Secretary of Finance, not earlier than 5 years from the effectivity of this Act, if the President shall find the Authority to be self-sustaining and financially capable by then to pay such taxes, customs duties, fees and other charges after providing for debt service requirements of the ZAMBOECOZONE Authority and of its projected capital and operating expenditures. Sec9. Board of Directors of the ZAMBOECOZONE Authority. — The powers of the ZAMBOECOZONE Authority shall be vested in and exercised by a Board of Directors, hereinafter referred to as the Board, which shall be composed of the following: (a) A chairman who shall, at the same time, be the administrator of the ZAMBOECOZONE Authority; (b) A vice-chairman who shall come from the national agency tasked to coordinate and monitor special economic zones and the like in the country; (c) 6 members consisting of: (1) The city's congressional representative; (2) The mayor of the City of Zamboanga; (3) 1 representative of the city council; (4) 1 representative from domestic investors in the ZAMBOECOZONE; (5) 1 representative from foreign investors in the ZAMBOECOZONE; and (6) 1 representative from the labor sector chosen from the workers in the ZAMBOECOZONE.

CA VE AT:

- 214 The city's congressional representative, the mayor of the City of Zamboanga and the representative of the city council shall serve as ex officio voting members of the Board. The chairman and the members of the Board, except the ex officio members, shall be appointed by the President of the Philippines to serve for a term of six (6) years, unless sooner removed for cause or dies or resigns voluntarily. In case of death, resignation or removal for cause, the replacement shall serve only the unexpired portion of the term. Except for the representatives of the business and investment sectors no person shall be appointed by the President of the Philippines as member of the Board unless he is a Filipino citizen, of good moral character and of recognized competence in some relevant fields of business, banking, shipping, business or labor management, port operations, engineering or law. Members of the Board shall receive a reasonable per diem which shall be fixed by the President of the Philippines once every six (6) years for every Board meeting: Provided, however, That the total per diem collected each month shall not exceed the equivalent per diems for four (4) meetings. Unless and until the President of the Philippines has fixed a higher per diem for the members of the Board, such per diem shall not be more than Ten thousand pesos (P10,000.00) for every Board meeting.

Sec10. Powers and Duties of the Chairman-Administrator. — The chairman-administrator shall have the following powers and duties: (a) To direct and manage the affairs of the Authority in accordance with the policies of the Board; (b) To establish the internal organization of the Authority under such conditions that the Board may prescribe; (c) To submit an annual budget and necessary supplemental budget to the Board for its approval; (d) To submit within thirty (30) days after the close of each fiscal year an annual report to the Board and such other reports as may be required; and (e) To perform such other duties as may be assigned to him by the Board. Sec11. Promotion of Industrial Peace. — One representative each from the Department of Labor and Employment (DOLE), labor sector, cultural minorities, business and industry sectors shall formulate a mechanism under a social pact for the enhancement and preservation of industrial peace in the City of Zamboanga within thirty (30) days after the effectivity of this Act. Sec12. Capitalization. — The Zamboanga City Special Economic Zone Authority shall have an authorized capital stock of two billion (2,000,000,000) no par shares with a minimum issue value of Ten pesos (P10.00) each. The national government shall initially subscribe and fully pay three hundred million (300,000,000) shares of such capital stock. The initial amount necessary to subscribe and pay for the shares of stock shall be included in the General Appropriations Act of the year following its enactment into law and thereafter. The Board of Directors of the ZAMBOECOZONE Authority may, from time to time and with the written concurrence of the Secretary of Finance, increase the issue value of the shares representing the capital stock of

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER the ZAMBOECOZONE Authority. The Board of Directors of the ZAMBOECOZONE Authority, with the written concurrence of the Secretary of Finance, may sell shares representing not more than forty per centum (40%) of the capital stock of the ZAMBOECOZONE Authority to the general public with such annual dividend policy as the Board and the Secretary of Finance may determine. The national government shall in no case own less than sixty per centum (60%) of the total issued and outstanding capital stock of the ZAMBOECOZONE Authority. Sec13. Supervision and Coordination of Development Plans. — For purposes of policy direction and coordination, the ZAMBOECOZONE Authority shall be under the direct control and supervision of the Office of the President, in the meantime that the agency tasked with the coordination of special economic zones is not yet in place. Sec14. Relationship with the Local Government Units. — In case of any conflict between the ZAMBOECOZONE Authority and the City of Zamboanga on matters affecting the ZAMBOECOZONE other than defense and security matters, the decision of the ZAMBOECOZONE Authority shall prevail. Sec15. Auditing. — The Commission on Audit shall appoint a representative who shall be a full time auditor of the ZAMBOECOZONE Authority and assign such number of personnel as may be necessary to assist said representative in the performance of his/her duties. The salaries and emoluments of the assigned auditor and personnel shall be in accordance with pertinent laws, rules and regulations. Masturbation: Tips for Girls (Part 3): As you become more comfortable and aroused, set aside the mirror and flashlight and try to completely relax. Continue to stroke your clitoris, mons pubis and vaginal opening. Concentrate on the areas that feel the best. Once you are fully aroused, you'll most likely become wet with vaginal lubrication. Try inserting a finger or two and see how that feels. Some women enjoy penetration when masturbating, some don't. Neither way is better. That's one of the joys of self-love--you can engage in only the stimulation that you enjoy, nothing more and nothing less. You're in it for yourself alone. Try different types of stimulation and see what feels best. Or try a few of the following "advanced" moves:

•

• •

With your thumb and forefinger on either side of your clitoris, gently roll it between your fingers. Begin with a slow, gentle roll and then gradually accelerate the movement until you find the speed that works for you. Place two fingers directly on your clitoris and move them in a circular motion. Try varying speed and intensity. "Draw" a circle around your clitoris with your middle finger. Women who find direct clitoral pressure too intense will enjoy this move.

CA VE AT:

•

•

•

•

•

•

- 215 -

Try tracing the alphabet on your clitoris with your index finger. This technique may not bring you to orgasm, but it might clue you in to some sensations otherwise undiscovered. Use one hand to separate and hold apart your labia, fully exposing your clitoris. Dip the index finger from your other hand in some lubricant--from your body or from a bottle--and gently tap your clitoris. Vary speed and intensity and be patient: as you tap harder and longer, a wonderful sensation will build until you feel like you're going to explode. When you're aroused and lubricated, gently thrust one or two fingers in and out of your vagina. Many women who believe they can only achieve orgasm through direct clitoral stimulation are surprised to find that penetration can also bring them to a rousing climax. While stimulating your clitoris with one hand, try thrusting a few fingers into your vagina with your other hand. The combination of clitoral and vaginal stimulation can be very exciting. Try any of the above techniques while lying on your belly. Some women prefer the slight difference in stimulation and the gentle "humping" motion they can make while enjoying this position. Try stimulating your G-Spot: lie on your back with your knees raised and insert your middle finger into your vagina in an inverted "come hither" motion. About two inches into your vagina, on the wall closest to your stomach, you'll feel a spongy, slightly raised area. That's your G-Spot, also known as your urethral sponge. Because the sensitive portion of this area is actually on the other side of several layers of skin, it will respond best to pressure, not stroking. Try pressing your G-Spot with varying intensities. If you don't like it, just stop doing it. GSpot stimulation isn't for everyone. However, if you do like it, try simultaneously stroking your clitoris with your other hand. Rumor has it that orgasms produced by G-Spot stimulation can be very intense.

One rule to remember--regardless of the technique you prefer-is to be nice to yourself. Masturbation is for you; you are the only person you need to worry about pleasing. Do what feels good for you. Don't worry about having an orgasm. With the multitude of nerve endings in your vulva, you will enjoy the stimulation regardless of whether or not you come. Revel in the sensations you produce in your body. Once you become more comfortable and experienced with masturbation, you might want to try some props. Get a vibrator or dildo and some lubricant. Try a beginner anal plug while masturbating. Experiment with different sensations: feathers, silk, warming oil. Get a few erotic novels, magazines or videos.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Try masturbating in the shower, either with a waterproof sex toy, or with the "massage" setting on your handheld shower head. Some women also enjoy lying on their backs in the bathtub and having water from the faucet drip or stream onto their clitorises. For more suggestions, buy a copy of "Sex for One" by Betty Dodson, or "For Yourself" by Lonnie Barbach. Both are written by women and filled with wonderful ideas for increasing your self-pleasure. (continued…)

Other Pr ovis ions Governmen t Uni ts

App lic ab le

to

Lo ca l

Settlement of Boundary Disputes Sec118. Jurisdictional Responsibility for Settlement of Boundary Dispute. — Boundary disputes between and among local government units shall, as much as possible, be settled amicably. To this end: (a) Boundary disputes involving two (2) or more barangays in the same city or municipality shall be referred for settlement to the sangguniang panlungsod or sangguniang bayan concerned. (b) Boundary disputes involving two (2) or more municipalities within the same province shall be referred for settlement to the sangguniang panlalawigan concerned. (c) Boundary disputes involving municipalities or component cities of different provinces shall be jointly referred for settlement to the sanggunians of the province concerned. (d) Boundary disputes involving a component city or municipality on the one hand and a highly urbanized city on the other, or two (2) or more highly urbanized cities, shall be jointly referred for settlement to the respective sanggunians of the parties. (e) In the event the sanggunian fails to effect an amicable settlement within sixty (60) days from the date the dispute was referred thereto, it shall issue a certification to that effect. Thereafter, the dispute shall be formally tried by the sanggunian concerned which shall decide the issue within sixty (60) days from the date of the certification referred to above. Sec119. Appeal. — 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 appeal within one (1) year from the filing thereof. Pending final resolution of the disputed area prior to the dispute shall be maintained and continued for all legal purposes. Implementing Rules and Regulations Art15. Definition and Policy. — There is a boundary dispute when a portion or the whole of the territorial area of an LGU is claimed by two or more LGUs. Boundary disputes between or among LGUs shall, as much as possible, be settled amicably. Art16. Jurisdictional Responsibility. — Boundary disputes shall be referred for settlement to the following:

CA VE AT:

- 216 (a) Sangguniang panlungsod or sangguniang bayan for disputes involving two (2) or more barangays in the same city or municipality, as the case may be; (b) Sangguniang panlalawigan, for those involving two (2) or more municipalities within the same province; (c) Jointly, to the sanggunians of provinces concerned, for those involving component cities or municipalities of different provinces; or (d) Jointly, to the respective sanggunians, for those involving a component city or municipality and a highly-urbanized city; or two (2) or more highly-urbanized cities.

Art17. Procedures for Settling Boundary Disputes. — The following procedures shall govern the settlement of boundary disputes: (a) Filing of petition — The sanggunian concerned may initiate action by filing a petition, in the form of a resolution, with the sanggunian having jurisdiction over the dispute. (b) Contents of petition — The petition shall state the grounds, reasons or justifications therefor. (c) Documents attached to petition — The petition shall be accompanied by: (1) Duly authenticated copy of the law or statute creating the LGU or any other document showing proof of creation of the LGU; (2) Provincial, city, municipal, or barangay map, as the case may be, duly certified by the LMB; (3) Technical description of the boundaries of the LGUs concerned; (4) Written certification of the provincial, city, or municipal assessor, as the case may be, as to territorial jurisdiction over the disputed area according to records in custody; (5) Written declarations or sworn statements of the people residing in the disputed area; and (6) Such other documents or information as may be required by the sanggunian hearing the dispute. (d) Answer of adverse party — Upon receipt by the sanggunian concerned of the petition together with the required documents, the LGU or LGUs complained against shall be furnished copies thereof and shall be given fifteen (15) working days within which to file their answers. (e) Hearing — Within five (5) working days after receipt of the answer of the adverse party, the sanggunian shall hear the case and allow the parties concerned to present their respective evidences. (f) Joint hearing — When two or more sanggunians jointly hear a case, they may sit en banc or designate their respective representatives. Where representatives are designated, there shall be an equal number of representatives from each sanggunian. They shall elect from among themselves a presiding officer and a secretary. In case of disagreement, selection shall be by drawing lot. (g) Failure to settle — In the event the sanggunian fails to amicably settle the dispute within sixty (60) days from the date such dispute was referred thereto, it shall issue a certification to that effect and copies thereof shall be furnished the parties concerned.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER (h) Decision — Within sixty (60) days from the date the certification was issued, the dispute shall be formally tried and decided by the sanggunian concerned. Copies of the decision shall, within fifteen (15) days from the promulgation thereof, be furnished the parties concerned, DILG, local assessor, COMELEC, NSO, and other NGAs concerned. (i) Appeal — 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 dispute by filing therewith the appropriate pleading, stating among others, the nature of the dispute, the decision of the sanggunian concerned and the reasons for appealing therefrom. The Regional Trial Court shall decide the case within one (1) year from the filing thereof. Decisions on boundary disputes promulgated jointly by two (2) or more sangguniang panlalawigans shall be heard by the Regional Trial Court of the province which first took cognizance of the dispute. Art18. Maintenance of Status Quo. — Pending final resolution of the dispute, the status of the affected area prior to the dispute shall be maintained and continued for all purposes. Art19. Official Custodian. — The DILG shall be the official custodian of copies of all documents on boundary disputes of LGUs.

Pasig v. COMELEC (1999) Held: The plebiscites scheduled should be suspended or cancelled in view of the pending boundary dispute. The boundary dispute presents a prejudicial question which must first be decided before plebiscites for the creation of the proposed barangays may be held. The boundary dispute has a bearing on the creation of the proposed bgys., because a requisite for the creation of a bgy. is for its territorial jurisdiction to be properly identified. The territorial boundaries of an LGU must be clear for they define the limits of territorial jurisdiction. An LGU can exercise powers of government only within the limits of its territorial jurisdiction. Beyond these, its acts are ultra vires. The fact that the plebiscite has already been held does not mean the case has become moot and academic, considering that the legality of the plebiscite itself is challenged. Province of Camarines Norte v. Province of Quezon (2001) The SC had already decided the long-drawn boundary dispute between Camarines Norte and Quezon, but Quezon Gov. Rodriguez and Mayor Lim refused to comply. They made an argument that Sec. 1 of RA 5480 creating the municipality of Sta. Elena provides the latest definition of the boundary between Quezon and CN and nowhere in the said RA can be found 9 bgys. To include the 9 bgys. in Sta. Elena would violate the RA, Sec. 10 of Art. X of the Consti. And Sec. 10 of the LGC, all of which require a plebiscite in cases of substantial alteration of boundaries.

CA VE AT:

- 217 -

Held: The 2 officials should be cited for contempt, and no plebiscite is required. RA 5480 does not purport to have amended the Revised Administrative Code. RA 5480 enumerates the component bgys. up to the boundary of CN and Quezon as defined in the RAC. That boundary has been defined in the 1922 EB Decision which in turn has been ordered enforced in the SC decision. The enumeration of bgys. in RA 5480 is not intended to delimit the territorial jurisdiction of Sta. Elena. The 1922 EB decision did not alter, redefine or amend the provincial boundary line between Quezon and CN. All that the Chief of the Executive Bureau did was implement RAC. Hence no need for a plebiscite. Municipality of Kanaga v. Madrona (2003) A boundary dispute arose between the Kanaga Municipality and Ormoc City. Ormoc City filed before the RTC a complaint to settle the dispute. Kanaga filed MTD alleging that the RTC had no jurisdiction over the subject matter of the claim. Held: The procedure in Sec. 118 is not applicable to the CAB since the provision applies to a situation in which a component city or a municipality seeks to settle a boundary dispute with a highly urbanized city, not with an independent component city. Ormoc is not a highly urbanized city, but an independent component city. Since Sec. 118 is not applicable, general rules governing jurisdiction should then be used. BP 129 (Judiciary Reorganization Act) as amended is the applicable law where Sec. 19 (6) provides that RTCs exercise exclusive original jurisdiction in all cases not within the exclusive jurisdiction of any court, tribunal, person or body exercising judicial or quasi-judicial functions. Since no law provides for exclusive jurisdiction of any court/ agency over settlement of boundary disputes between a municipality and an independent component city of the same province, the RTC did not abuse its discretion in denying the MTD.

Local Initiative and Referendum – LGC Sec120. Local Initiative Defined. — Local initiative is the legal process whereby the registered voters of a local government unit may directly propose, enact, or amend any ordinance. Sec121. Who May Exercise. — The power of local initiative and referendum may be exercised by all registered voters of the provinces, cities, municipalities, and barangays. Sec122. Procedure in Local Initiative. — (a) Not less than one thousand (1,000) registered voters in case of provinces and cities, one hundred (100) in case of municipalities, and fifty (50) in case of barangays, may file a petition with the sanggunian concerned proposing the adoption, enactment, repeal, or amendment of an ordinance.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER (b) If no favorable action thereon is taken by the sanggunian concerned within thirty (30) days from its presentation, the proponents, through their duly authorized and registered representatives, may invoke their power of initiative, giving notice thereof to the sanggunian concerned. (c) The proposition shall be numbered serially starting from Roman numeral I. The COMELEC or its designated representative shall extend assistance in the formulation of the proposition. (d) Two (2) or more propositions may be submitted in an initiative. (e) Proponents shall have ninety (90) days in case of provinces and cities, sixty (60) days in case of municipalities, and thirty (30) days in case of barangays, from notice mentioned in subsection (b) hereof to collect the required number of signatures. (f) The petition shall be signed before the election registrar. or his designated representatives, in the presence of a representative of the proponent, and a representative of the sanggunian concerned in a public place in the local government unit, as the case may be. Stations for collecting signatures may be established in as many places as may be warranted. (g) Upon the lapse of the period herein provided, the COMELEC, through its office in the local government unit concerned, shall certify as to whether or not the required number of signatures has been obtained. Failure to obtain the required number defeats the proposition. (h) If the required number of signatures is obtained, the COMELEC shall then set a date for the initiative during which the proposition shall be submitted to the registered voters in the local government unit concerned for their approval within sixty (60) days from the date of certification by the COMELEC, as provided in subsection (g) hereof, in case of provinces and cities, forty-five (45) days in case of municipalities, and thirty (30) days in case of barangays. The initiative shall then be held on the date set, after which the results thereof shall be certified and proclaimed by the COMELEC. Sec123. Effectivity of Local Propositions. — If the proposition is approved by a majority of the votes cast, it shall take effect fifteen (15) days after certification by the COMELEC as if affirmative action thereon had been made by the sanggunian and local chief executive concerned. If it fails to obtain said number of votes, the proposition is considered defeated. Sec124. Limitations on Local Initiative. — (a) The power of local initiative shall not be exercised more than once a year. (b) Initiative shall extend only to subjects or matters which are within the legal powers of the sanggunian to enact. (c) If at any time before the initiative is held, the sanggunian concerned adopts in toto the proposition presented and the local chief executive approves the same, the initiative shall be cancelled. However, those against such action may, if they so desire, apply for initiative in the manner herein provided. Sec125. Limitations upon Sanggunians. — Any proposition or ordinance approved through the system of initiative and referendum as herein provided shall not be repealed, modified

CA VE AT:

- 218 or amended by the sanggunian concerned within six (6) months from the date of the approval thereof, and may be amended, modified or repealed by the sanggunian within three (3) years thereafter by a vote of three-fourths (3/4) of all its members: Provided, That in case of barangays, the period shall be eighteen (18) months after the approval thereof.

Sec126. Local Referendum Defined. — Local referendum is the legal process whereby the registered voters of the local government units may approve, amend or reject any ordinance enacted by the sanggunian. The local referendum shall be held under the control and direction of the COMELEC within sixty (60) days in case of provinces and cities, forty-five (45) days in case of municipalities and thirty (30) days in case of barangays. The COMELEC shall certify and proclaim the results of the said referendum. Sec127. Authority of Courts. — Nothing in this Chapter shall prevent or preclude the proper courts from declaring null and void any proposition approved pursuant to this Chapter for violation of the Constitution or want of capacity of the sanggunian concerned to enact the said measure.

RA 6735 – The Initiative and Referendum Act I. — General Provisions Sec2. Statement of Policy. — The power of the people under a system of initiative and referendum to directly propose, enact, approve or reject, in whole or in part, the Constitution, laws, ordinances, or resolutions passed by any legislative body upon compliance with the requirements of this Act is hereby affirmed, recognized and guaranteed. Sec3. Definition of Terms. — For purposes of this Act, the following terms shall mean: (a) "Initiative" is the power of the people to propose amendments to the Constitution or to propose and enact legislations through an election called for the purpose. There are three (3) systems of initiative, namely: a.1 Initiative on the Constitution which refers to a petition proposing amendments to the Constitution; a.2. Initiative on statutes which refers to a petition proposing to enact a national legislation; and a.3. Initiative on local legislation which refers to a petition proposing to enact a regional, provincial, city, municipal, or barangay law, resolution or ordinance. (b) "Indirect initiative" is exercise of initiative by the people through a proposition sent to Congress or the local legislative body for action. (c) "Referendum" is the power of the electorate to approve or reject a legislation through an election called for the purpose. It may be of two classes, namely:

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER c.1. Referendum on statutes which refers to a petition to approve or reject an act or law, or part thereof, passed by Congress; and c.2. Referendum on local law which refers to a petition to approve or reject a law, resolution or ordinance enacted by regional assemblies and local legislative bodies. (d) "Proposition" is the measure proposed by the voters. (e) "Plebiscite" is the electoral process by which an initiative on the Constitution is approved or rejected by the people. (f) "Petition" is the written instrument containing the proposition and the required number of signatories. It shall be in a form to be determined by and submitted to the Commission on Elections, hereinafter referred to as the Commission. (g) "Local government units" refers to provinces, cities, municipalities and barangays. (h) "Local legislative bodies" refers to the Sangguniang Panlalawigan, Sangguniang Panlungsod, Sangguniang Bayan, and Sangguniang Nayon. (i) "Local executives" refers to the Provincial Governors, City or Municipal Mayors and Punong Barangay, as the case may be. Sec4. Who may exercise. — The power of initiative and referendum may be exercised by all registered voters of the country, autonomous regions, provinces, cities, municipalities and barangays. Sec5. Requirements. — (a) To exercise the power of initiative or referendum, at least ten per centum (10%) of the total number of the registered voters, of which every legislative district is represented by at least three per centum (3%) of the registered voters thereof, shall sign a petition for the purpose and register the same with the Commission. (b) A petition for an initiative on the 1987 Constitution must have at least twelve per centum (12%) of the total number of registered voters as signatories, of which every legislative district must be represented by at least three per centum (3%) of the registered voters therein. Initiative on the Constitution may be exercised only after five (5) years from the ratification of the 1987 Constitution and only once every five (5) years thereafter. (c) The petition shall state the following: c.1. contents or text of the proposed law sought to be enacted, approved or rejected, amended or repealed, as the case may be; c.2. the proposition; c.3. the reason or reasons therefor; c.4. that it is not one of the exceptions provided herein; c.5. signatures of the petitioners or registered voters; and c.6. an abstract or summary in not more than one hundred (100) words which shall be legibly written or printed at the top of every page of the petition. (d) A referendum or initiative affecting a law, resolution or ordinance passed by the legislative assembly of an autonomous region, province or city is deemed validly initiated if the petition thereof is signed by at least ten per centum (10%) of the registered voters in the province or city, of which every legislative district must be represented by at least three per centum (3%) of the registered voters therein; Provided,

CA VE AT:

- 219 however, That if the province or city is composed only of one (1) legislative district, then at least each municipality in a province or each barangay in a city should be represented by at least three per centum (3%) of the registered voters therein. (e) A referendum of initiative on an ordinance passed in a municipality shall be deemed validly initiated if the petition therefor is signed by at least ten per centum (10%) of the registered voters in the municipality, of which every barangay is represented by at least three per centum (3%) of the registered voters therein. (f) A referendum or initiative on a barangay resolution or ordinance is deemed validly initiated if signed by at least ten per centum (10%) of the registered voters in said barangay.

Sec6. Special Registration. — The Commission on Election shall set a special registration day at least three (3) weeks before a scheduled initiative or referendum. Sec7. Verification of Signatures. — The Election Registrar shall verify the signatures on the basis of the registry list of voters, voters' affidavits and voters identification cards used in the immediately preceding election. III. — Local Initiative and Referendum Sec13. Procedure in Local Initiative. — (a) Not less than two thousand (2,000) registered voters in case of autonomous regions, one thousand (1,000) in case of provinces and cities, one hundred (100) in case of municipalities, and fifty (50) in case of barangays, may file a petition with the Regional Assembly or local legislative body, respectively, proposing the adoption, enactment, repeal, or amendment, of any law, ordinance or resolution. (b) If no favorable action thereon is made by local legislative body within (30) days from its presentation, the proponents through their duly authorized and registered representative may invoke their power of initiative, giving notice thereof to the local legislative body concerned. (c) The proposition shall be numbered serially starting from one (1). The Secretary of Local Government or his designated representative shall extend assistance in the formulation of the proposition. (d) Two or more propositions may be submitted in an initiative. (e) Proponents shall have one hundred twenty (120) days in case of autonomous regions, ninety (90) days in case of provinces and cities, sixty (60) days in case of municipalities, and thirty (30) days in case of barangays, from notice mentioned in subsection (b) hereof to collect the required number of signatures. (f) The petition shall be signed before the Election Registrar, or his designated representative, in the presence of a representative of the proponent, and a representative of the regional assemblies and local legislative bodies concerned in a public place in the autonomous region or local government unit, as the case may be. Signature stations may be established in as many places as may be warranted. (g) Upon the lapse of the period herein provided, the Commission on Elections, through its office in the local government unit concerned shall certify as to whether or not the

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER

- 220 Constitution or want of capacity of the local legislative body to enact the said measure.

required number of signatures has been obtained. Failure to obtain the required number is a defeat of the proposition. cd (h) If the required number of the signatures is obtained, the Commission shall then set a date for the initiative at which the proposition shall be submitted to the registered voters in the local government unit concerned for their approval within ninety (90) days from the date of certification by the Commission, as provided in subsection (g) hereof, in case of autonomous regions, sixty (60) days in case of the provinces and cities, fortyfive (45) days in case of municipalities, and thirty (30) days in case of barangays. The initiative shall then be held on the date set, after which the results thereof shall be certified and proclaimed by the Commission on Elections.

The Sangguniang Bayan of Morong, Bataan in its Resolution 10 agreed to the inclusion of the municipality as part of the Subic Special Economic Zone. When the municipality did not take action on the petition of Garcia and others to annul the resolution, the latter resorted to their power of initiative under the LGC and started soliciting the signatures. The COMELEC denied the pet. for local initiative.

Sec14. Effectivity of Local Propositions. — If the proposition is approved by a majority of the votes cast, it shall take effect fifteen (15) days after certification by the Commission as if affirmative action thereon had been made by the local legislative body and local executive concerned. If it fails to obtain said number of votes, the proposition is considered defeated.

Held: Resolution 10 is the proper subject of an initiative. The Constitution clearly includes not only ordinances but resolutions as appropriate subjects of a local initiative. An act includes a resolution (Black’s Law Dictionary). In enacting RA 6735, Congress implemented the constitutional command to include acts (resolutions) as appropriate subjects of initiative.

Sec15. Limitations on Local Initiatives. — (a) The power of local initiative shall not be exercised more than once a year. (b) Initiative shall extend only to subjects or matters which are within the legal powers of the local legislative bodies to enact. (c) If at any time before the initiative is held, the local legislative body shall adopt in toto the proposition presented, the initiative shall be cancelled. However, those against such action may, if they so desire, apply for initiative in the manner herein provided.

1991 LGC did not change the scope of coverage of local initiative as limiting the coverage to ordinances alone. Sec. 120 merely defines the concept of local initiative as the legal process whereby registered voters of a LGU may directly propose, enact or amend any ordinance. It does not deal with subjects or matters that can be taken up in a local initiative.

Sec16. Limitations Upon Local Legislative Bodies. — Any proposition or ordinance or resolution approved through the system of initiative and referendum as herein provided shall not be repealed, modified or amended, by the local legislative body concerned within six (6) months from the date therefrom, and may be amended, modified or repealed by the local legislative body within three (3) years thereafter by a vote of three-fourths (3/4) of all its members: Provided, however, that in case of barangays, the period shall be one (1) year after the expiration of the first six (6) months. Sec17. Local Referendum. — Notwithstanding the provisions of Section 4 hereof, any local legislative body may submit to the registered voters of autonomous region, provinces, cities, municipalities and barangays for the approval or rejection, any ordinance or resolution duly enacted or approved. Said referendum shall be held under the control and direction of the Commission within sixty (60) days in case of provinces and cities, forty-five (45) days in case of municipalities and thirty (30) days in case of barangays. The Commission shall certify and proclaim the results of the said referendum. Sec18. Authority of Courts. — Nothing in this Act shall prevent or preclude the proper courts from declaring null and void any proposition approved pursuant to this Act for violation of the

CA VE AT:

Garcia v. COMELEC (1994)

Sec. 124 (which deals with local initiative subjects or matters) clearly does not limit its application to ordinances, but to all “subjects or matters which are within the legal powers of the Sanggunians to enact” which undoubtedly includes resolutions. Sec. 125 providing for limitations upon Sanggunians supports the interpretation, where inclusion of the word proposition is inconsistent with respondents’ thesis that only ordinances can be the subject of local initiatives. Distinction between a resolution and ordinance: Resolution: used whenever the legislature wishes to express an opinion which is to have only a temporary effect Ordinance: intended to permanently direct and control matters applying to persons or things in general The subject matter of the resolution in CAB does not merely temporarily affect the people of Morong for it directs a permanent rule of conduct or government. Its inclusion as part of SSEZ has far reaching implications in the governance of its people. It is not material that the decision of the municipality came in the form of a resolution for what matters is its enduring effect on the welfare of the people of Morong. From class notes: Can people file an initiative to rescind a contract entered into by an LGU? It depends. “within the competence of the sanggunian” -> if contract needs approval of the sanggu, may be coverd by initiative; but if purely executive function, maybe not.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER

- 221 -

Look at whether the sanggunian has a role to play.

SBMA v. COMELEC (1996) Continuation of Garcia case… COMELEC promulgated Resolution 2848 providing for the rules and guidelines to govern the conduct of the referendum proposing to annul or repeal Resolution 10 of the SB of Morong. Held: The COMELEC committed grave abuse of discretion in promulgating Resolution 2848. The process started by private respondents was an INITIATIVE but COMELEC made preparations for a referendum only. Differences between an initiative and referendum: Initiative Referendum - entirely the work of the - begun and consented to by electorate the law-making body. - process of law-making by the - drawn up or enacted by a people themselves without the legislative body. participation and against the wishes of their elected reps. - process and voting more - voters simply write either “yes” complex or “no” in the ballot There is a need for COMELEC to supervise an initiative more closely. Its authority extending not only to the counting and canvassing of votes but also to seeing to it that the matter or act submitted to the people is in the proper form and language so it may easily be understood and voted by the electorate.

Masturbation Tips for Guys (Part 4): Sadly, even after decades of women's lib, men are encouraged to be more open and expressive with their sexuality than women are. The downside is that fewer women feel comfortable discussing or engaging in masturbation; the upside is that most men are really, really good at masturbating and need little encouragement to do so. At MyPleasure, we firmly believe (and sexuality experts will concur) that there is really no such thing as "too much" masturbation. If it feels good, do it once a day, five times a day, twice a week or semiannually. Only you can decide how much self-stimulation is right for you. However, if you are worried that you masturbate too much, you may want to reflect on your motives. Are you engaging in solo sex for healthy reasons, such as pleasure, stress release, celebration or sexual release? Do you enjoying it when you masturbate, or are you doing it to avoid something? If you are able to eat, sleep, work or engage in any other activities you enjoy without constantly thinking about or engaging in masturbation, then you're perfectly fine. Masturbate all you want! Otherwise, back off for awhile, see a therapist and get to know yourself a little better.

CA VE AT:

If your partner is disturbed by your masturbation practices, including technique or frequency, gently encourage him or her to leave it alone. Masturbation is not a replacement for sex. Just because you are masturbating does not necessarily mean that your partner is failing to meet your sexual needs. People masturbate for all kinds of reasons! If there is a relationship problem, talk it out, buy a communication book, or see a couples therapist. Otherwise, it's perfectly healthy, normal and positive for both partners to masturbate. Finally, encourage your partner to masturbate with you; this can be a huge turn-on for both of you. Most men masturbate by wrapping their fingers around their erect penis and stroking it up and down until they ejaculate. Sounds boring, doesn't it? Centuries of practice assure us otherwise, but you can still add a little variety. While male masturbation tends to be focused on the penis, many men really enjoy stimulating other areas, such as the testicles, anus, prostate, inner thighs or nipples. If you haven't tried stroking one of these areas while you masturbate, give it a go. You might really like it! You can also try one of the following techniques: Try a variance of your "regular" program by using your non-dominant hand.

-

Lube up and use both hands at once in a pumping motion along your shaft. Encircle your penis with your thumb and forefinger positioned in a ring, and stroke it up and down your shaft. When you get to the top, close the ring, then squeeze your way in as you slide back down to the bottom of your shaft. With one hand, stroke your penis from top to the bottom. When you reach the base, release it. Meanwhile do the same thing with your other hand, over and over again, alternating hands. Develop a rhythm! Place your hands on either side of your shaft and start spinning it like it's a stick of wood you're trying to start a fire with. Proceed gently, you want gentle friction, not burning flames! "Force" your penis into your closed fist as though you are penetrating it. Repeat the motion with your other hand, interchanging hands at the end of each stroke. Use your open palm to swirl around the head of your penis, the way your tongue would lick an ice cream cone. Turn the head of his penis like a you're trying to open a door knob coated with grease. Now try turning the other way. Repeat. (continued…)

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Book II: LOCAL FI SCAL MA TTE RS

TAXA TION

AND

LOC AL GOVER NMEN T T AX ATI ON 1987 Constitution, Article X Sec3. The Congress shall enact a local government code which shall provide for a more responsive and accountable local government structure instituted through a system of decentralization with effective mechanisms of recall, initiative, and referendum, allocate among the different local government units their powers, responsibilities, and resources, and provide for the qualifications, election, appointment and removal, term, salaries, powers and functions and duties of local officials, and all other matters relating to the organization and operation of local units. Sec5. Each local government unit shall have the power to create its own sources of revenues and to levy taxes, fees, and charges subject to such guidelines and limitations as the Congress may provide, consistent with the basic policy of local autonomy. Such taxes, fees, and charges shall accrue exclusively to the local governments. Sec6. Local government units shall have a just share, as determined by law, in the national taxes which shall be automatically released to them. Sec7. Local governments shall be entitled to an equitable share in the proceeds of the utilization and development of the national wealth within their respective areas, in the manner provided by law, including sharing the same with the inhabitants by way of direct benefits.

See also Secs. 128-196 (Note: I didn’t include these provisions because they were not assigned in the course outline and they are long, but you may want to take a look at them anyway. – Corina )

RA 7643 (1992) – An Act To Empower The Commissioner Of Internal Revenue To Require The Payment Of The ValueAdded Tax Every Month And To Allow Local Government Units To Share In Vat Revenue, Amending For This Purpose Certain Sections Of The National Internal Revenue Code Sec2. Sec. 282 of the National Internal Revenue Code, as amended, is hereby further amended to read as follows: "Sec. 282. Disposition of national internal revenue. — National internal revenue collected and not applied as hereinabove provided or otherwise specially disposed of by law shall accrue to the National Treasury and shall be available for the general purposes of the Government, with the exception of the amounts set apart by way of allotment as provided for under

CA VE AT:

- 222 Republic Act No. 7160, otherwise known as the Local Government Code of 1991. "In addition to the internal revenue allotment as provided for in the preceding paragraph, fifty percent (50%) of the national taxes collected under Sections 100, 102, 112, 113, and 114 of this Code in excess of the increase in collections for the immediately preceding year shall be distributed as follows: (a) Twenty percent (20%) shall accrue to the city or municipality where such taxes are collected and shall be allocated in accordance with Section 150 of Republic Act No. 7160, otherwise known as the Local Government Code of 1991; and (b) Eighty percent (80%) shall accrue to the National Government."

RA 7716 (1994) – An Act Restructuring The Value Added Tax (Vat) System, Widening Its Tax Based And Enhancing Its Administration And For These Purposes Amending And Repealing The Relevant Provisions Of The National Internal Revenue Code, As Amended, And For Other Purposes Sec11. Section 115 of the National Internal Revenue Code, as amended, is hereby further amended to read as follows: "Sec. 115. Percentage tax on carriers and keepers of garages. — Keepers of garages, and common carriers by land, air or water for the transport of passengers, except owners of bancas, and owners of animal-drawn two-wheeled vehicles, shall pay a tax equivalent to three per centum (3%) of their quarterly gross receipts. "The gross receipts of common carriers derived from their incoming and outgoing freight shall not be subjected to the local taxes imposed under Republic Act No. 7160, otherwise known as the Local Government Code of 1991. "In computing the percentage tax provided in this Section, the following shall be considered the minimum quarterly gross receipts in each particular case: "Jeepney for hire — 1. Manila and other cities P2,400.00 2. Provincial 1,200.00 "Public utility bus — Not exceeding 30 passengers P3,600.00 Exceeding 30 but not exceeding 50 passengers 6,000.00 Exceeding 50 passengers 7,200.00 "Taxis — 1. Manila and other cities P3,600.00 2. Provincial 2,400.00 Car for hire (w/ chauffeur) 3,000.00 Car for hire (w/one chauffeur) 1,800.00" Sec17. Effectivity of the Imposition of VAT on Certain Goods, Properties and Services. — The value-added tax shall be levied assessed and collected on the following, two (2) years after the effectivity of this Act: (a) Services performed in the exercise of profession or calling subject to the professional tax under the Local Government Code or Republic Act No. 7160, and professional services performed by registered general professional partnerships;

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER actors, actresses, talents, singers and emcees; radio and television broadcasters, choreographers; musical, radio, movie, television and stage directors; and professional athletes; (b) Services rendered by banks, non-bank financial intermediaries, finance companies and other financial intermediaries not performing quasi-banking functions; (c) Freight services rendered by international cargo vessels; and (d) The lease or use of sports facilities and equipment by amateur players, as provided under Republic Act No. 6847, except sports facilities and equipment which are exclusively or mainly for the private use of shareholders or members of the club or organization which owns or operates such sports facilities and equipment. Prior to their inclusion in the coverage of the value-added tax, the above services shall continue to pay the applicable tax prescribed under the present provisions of the National Internal Revenue Code, as amended. However, when public interest so requires, the President, taking into account the impact on the prices of goods and services, may, upon the recommendation of the Secretary of Finance, exclude any of the above services from the coverage of the value-added tax: Provided, however, That in the event of the exclusion of any of the above services the existing applicable tax under the provisions of the National Internal Revenue Code, as amended, shall continue to be paid on the services so excluded.

RA 8241 (1996) – An Act Amending Republic Act No, 7716, Otherwise Known As The Expanded Value-Added Tax Law And Other Pertinent Provisions Of The National Internal Revenue Code As Amended Sec1. Section 3 of Republic Act No. 7716 is hereby amended to read as follows: "Sec. 3. Section 102 of the National Internal Revenue Code, as amended, is hereby further amended to read as follows: "Sec. 102. Value-added tax on sale of services and use or lease of properties. — (a) Rate and base of tax. — There shall be levied assessed and collected, a value-added tax equivalent to ten percent (10%) of gross receipts derived from the sale or exchange of services, including the use or lease of properties. "The phrase 'sale or exchange of services' means the performance of all kinds of services in the Philippines for others for a fee, remuneration or consideration, including those performed or rendered by construction and service contractors; stock, real estate, commercial, customs and immigration brokers; lessors of property, whether personal or real; warehousing services; lessors or distributors of cinematographic films; persons engaged in milling, processing, manufacturing or repacking goods for others; proprietors, operators or keepers of hotels, motels, resthouses, pension houses, inns, resorts; proprietors or operators of restaurants, refreshment parlors, cafes and other eating places, including clubs and caterers; dealers in securities; lending investors; transportation contractors on their transport of goods or cargoes, including persons who transport goods or cargoes for hire and other domestic common carriers by land, air, and water relative to

CA VE AT:

- 223 their transport of goods or cargoes; services of franchise grantees of telephone and telegraph, radio and television broadcasting and all other franchise grantees except those under Section 117 of this Code; services of banks, non-bank financial intermediaries and finance companies; and non-life insurance companies (except their crop insurances) including surety, fidelity, indemnity and bonding companies; and similar services regardless of whether or not the performance thereof calls for the exercise or use of the physical or mental faculties. The phrase 'sale or exchange of services' shall likewise include: "(1) The lease or the use of or the right or privilege to use any copyright, patent, design or model, plan, secret formula or process, goodwill, trademark, trade brand or other like property or right; "(2) The lease or the use of, or the right to use of any industrial, commercial or scientific equipment; "(3) The supply of scientific, technical, industrial or commercial knowledge or information; "(4) The supply of any assistance that is ancillary and subsidiary to and is furnished as a means of enabling the application or enjoyment of any such property, or right as is mentioned in subparagraph (2) or any such knowledge or information as is mentioned in subparagraph (3); "(5) The supply of services by a nonresident person or his employee in connection with the use of property or rights belonging to, or the installation or operation of any brand, machinery, or other apparatus purchased from such nonresident person; "(6) The supply of technical advice, assistance or services rendered in connection with technical management or administration of any scientific, industrial or commercial undertaking, venture, project or scheme; "(7) The lease of motion picture films, films, tapes and discs and; "(8) The lease or the use of or the right to use radio, television, satellite transmission and cable television time. "Lease of properties shall be subject to the tax herein imposed irrespective of the place where the contract of lease or licensing agreement was executed if the property is leased or used in the Philippines. "The term 'gross receipts' means the total amount of money or its equivalent representing the contract price, compensation, service fee, rental or royalty, including the amount charged for materials supplied with the services and deposits and advanced payments actually or constructively received during the taxable quarter for the services performed or to be performed for another person, excluding value-added tax. "(b) Transactions subject to zero percent (0%) rate. — The following services performed in the Philippines by VATregistered persons shall be subject to zero percent (0%) rate; "(1) Processing, manufacturing or repacking goods for other persons doing business outside the Philippines which goods are subsequently exported, where the services are paid for the in acceptable foreign currency and accounted for in accordance with the rules and regulations of the Bangko Sentral ng Pilipinas (BSP); "(2) Services other than those mentioned in the preceding subparagraph, the consideration for which is paid for in

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER acceptable foreign currency and accounted for in accordance with the rules and regulations of the Bangko Sentral ng Pilipinas (BSP); "(3) Services rendered to persons or entities whose exemption under laws or international agreements to which the Philippines is a signatory effectively subjects the supply of such services to zero percent (0%) rate; "(4) Services rendered to vessels engaged exclusively in international shipping; and "(5) Services performed by subcontractors and/or contractors in processing, converting, or manufacturing goods for an enterprise whose export sales exceed seventy percent (70%) of total annual production. "(c) Determination of the Tax. — The tax shall be computed by multiplying the total amount indicated in the official receipt by 1/11." SEC2. Section 4 of Republic Act No. 7716 is hereby amended to read as follows: "Sec. 4. Section 103 of the National Internal Revenue Code, as amended, is hereby further amended to read as follows: "Sec. 103. Exempt Transactions. — The following shall be exempt from the value-added tax: "(a) Sale of nonfood agricultural products; marine and forest products in their original state by the primary producer or the owner of the land where the same are produced; "(b) Sale of cotton and cotton seeds in their original state and copra; "(c) Sale or importation of agricultural and marine food products in their original state, livestock and poultry of a kind, generally used as, or yielding or producing foods for human consumption; and breeding stock and genetic materials therefor. "Products classified under this paragraph and paragraph (a) shall be considered in their original state even if they have undergone the simple processes of preparation or preservation for the market, such as freezing, drying, salting, broiling, roasting, smoking or stripping. Polished and/or husked rice, corn grits, raw cane sugar and molasses, and ordinary salt shall be considered in their original stated; "(d) Sale or importation of fertilizers; seeds, seedlings and fingerlings; fish, prawn, livestock and poultry feeds, including ingredients, whether locally produced or imported, used in the manufacture of finished feeds (except specialty feeds for race horses, fighting cocks, aquarium fish, zoo animals and other animals generally considered as pets); "(e) Sale or importation of coal and natural gas, in whatever form or state, and petroleum products (Except lubricating oil processed gas, grease, wax, and petrolatum) subject to excise tax imposed under Title VI; "(f) Sale or importation of raw materials to be used by the buyer or importer himself in the manufacture of petroleum products subject to excise tax, except lubricating oil, processed gas, grease, wax, and petrolatum; "(g) Importation of passenger and/or cargo vessel of more than five thousand tons, whether coastwise or ocean-going, including engine and spare parts of said vessel to be used by the importer himself as operator thereof;

CA VE AT:

- 224 "(h) Importation of personal and household effects belonging to the residents of the Philippines returning from abroad and nonresident citizens coming to resettle in the Philippines: Provided, That such goods are exempt from customs duties under the Tariff and Customs Code in the Philippines; "(i) Importation of professional instruments and implements, wearing apparel, domestic animals, and personal household effects (except any vehicle, vessel, aircraft, machinery, other goods for use in the manufacture and merchandise of any kind in commercial quantity) belonging to persons coming to settle in the Philippines, for their own use and not for sale, barter or exchange, accompanying such persons, or arriving within ninety (90) days before or after their arrival, upon the production of evidence satisfactory to the Commissioner of Internal Revenue; that such persons are actually coming to settle in the Philippines and that the change of residence is bona fide; "(j) Services subject to percentage tax under Title V; "(k) Services by agricultural contract growers and milling for others of palay into rice, corn into grits and sugar case into raw sugar; "(l) Medical, dental, hospital and veterinary services subject to the provisions of Section 17 of Republic Act No. 7716, as amended; "(m) Educational services rendered by private educational institutions, duly accredited by the Department of Education, Culture and Sports (DECS) and the Commission on Higher Education (CHED), and those rendered by government educational institutions; "(n) Sale by the artist himself of his works or art, literary works, musical compositions and similar creations, or his services performed for the production of such works; "(o) Services rendered by individuals pursuant to an employer-employee relationship; "(p) Services rendered by regional or area headquarters established in the Philippines by multinational corporations which act as supervisory, communications and coordinating centers for their affiliates, subsidiaries or branches in the AsiaPacific Region and do not earn or derive income from the Philippines; "(q) Transactions which are exempt under international agreements to which the Philippines is a signatory or under special laws, except those under Presidential Decree Nos. 66, 529, and 1590; "(r) Sales by agricultural cooperatives duly registered with the Cooperative Development Authority to their members as well as sale or their produce, whether in its original state or processed form, to non-members; their importation of direct farm inputs, machineries and equipment, including spare parts thereof, to be used directly and exclusively in the production and/or processing of their produce; "(s) Sales by electric cooperatives duly registered with the Cooperative Development Authority or National Electrification Administration, relative to the generation and distribution of electricity as well as their importation of machineries and equipment, including spare parts, which shall be directly used in the generation and distribution of electricity;

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER "(t) Gross receipts from lending activities by credit or multi-purpose cooperatives duly registered with the Cooperative Development Authority whose lending operation is limited to their members; "(u) Sales by non-agricultural, non-electric and non-credit cooperatives duly registered with the Cooperative Development Authority: Provided, That the share capital contribution of each member does not exceed Fifteen thousand pesos (P15,000.00) and regardless of the aggregate capital and net surplus ratably distributed among the members; "(v) Export sales by persons who are not VAT-registered; "(w) Sale of real properties not primarily held for sale to customers or held for lease in the ordinary course of trade or business or realty property utilized for low-cost and socialized housing as defined by Republic Act No. 7279, otherwise known as the Urban Development and Housing Act of 1992, and other related laws, house and lot and other residential dwellings valued at One million pesos (P1,000,000.00) and below: Provided, That not later than January 31st of the calendar year subsequent to the effectivity of this Act and each calendar year thereafter, the amount of One million pesos (P1,000,000.00) shall be adjusted to its present value using the consumer price index, as published by the National Statistics Office (NSO); "(x) Lease of a residential unit with a monthly rental not exceeding Eight thousand pesos (P8,000.00): Provided, That not later than January 31st of the calendar year subsequent to the effectivity of this Act and each calendar year thereafter, the amount of Eight thousand pesos (P8,000.00) shall be adjusted to its present value using the consumer price index, as published by the National Statistics Office (NSO); "(y) Sale, importation, printing or publication of books and any newspaper, magazine, review, or bulletin which appears at regular intervals with fixed prices for subscription and sale and which is not devoted principally to the publication of paid advertisements; "(z) Sale or lease of goods or properties or the performance of services other than the transactions mentioned in the preceding paragraphs, the gross annual sales and/or receipts do not exceed the amount of Five hundred fifty thousand pesos (P550,000.00): Provided, That not later than January 31st of the calendar year subsequent to the effectivity of this Act and each calendar year thereafter, the amount of Five hundred fifty thousand pesos (P550,000.00) shall be adjusted to its present value using the consumer price index, as published by the National Statistics Office (NSO); "The foregoing exemptions to the contrary notwithstanding any person whose sale of goods or properties or services which are otherwise not subject to VAT, but who issues a VAT invoice or receipt therefor shall, in addition to his liability to other applicable percentage tax, if any, be liable to the tax imposed in Section 100 or 102 without the benefit of input tax credit, and such tax shall not also be recognized as input tax credit to the purchaser under Section 104, all of this Code." Sec3. Section 105 of the National Internal Revenue Code, as amended, is hereby further amended to read as follows: "Sec. 105. Transitional/Presumptive Input Tax Credits. — (a) Transitional Input Tax Credits. — A person who becomes

CA VE AT:

- 225 liable to value-added tax or any person who elects to be a VATregistered person shall, subject to the filing of an inventory as prescribed by regulations, be allowed input tax on his beginning inventory of goods, materials and supplies equivalent to eight percent (8%) of the value of such inventory or the actual valueadded tax paid on such goods, materials and supplies, whichever is higher, which shall be creditable against the output tax. "(b) Presumptive input tax credits. — (1) Persons or firms engaged in the processing of sardines, mackerel, and milk, and in manufacturing refined sugar and cooking oil, shall be allowed a presumptive input tax, creditable against the output tax, equivalent to one and one-half percent (1.5%) of the gross value in money of their purchases of primary agricultural products which are used as inputs to their production. "As used in this paragraph (b), the term 'processing' shall mean pasteurization, canning and activities which through physical or chemical process alter the exterior texture or form or inner substance of a product in such manner as to prepare it for special use to which it could not have been put in its original form or condition. "(2) Public works contractors shall be allowed a presumptive input tax equivalent to one and one-half percent (1.5%) of the contract price with respect to government contracts only in lieu of actual input taxes therefrom."

Sec4. Section 7 of Republic Act No. 7716 is hereby amended to read as follows: "Sec. 7. Section 107 of the National Internal Revenue Code, as amended, is hereby further amended to read as follows: "Sec. 107. Registration of value-added taxpayers. — (a) In General. — Any person subject to a value-added tax under Sections 100 and 102 of this Code shall register with the appropriate Revenue District Officer and pay an annual registration fee in the amount of One thousand pesos (P1,000.00) for every separate or distinct establishment or place of business and every year thereafter on or before the last day of January. Any person just commencing a business subject to the value-added tax must pay the fee before engaging therein. "A Person who maintains a head or main office and branches in different places shall register with the Revenue District Office which has jurisdiction over the place wherein the main or head office is located. However, the fee shall be paid to the Revenue district Officer, collection agent, authorized treasurer of the municipality where each place of business or branch is situated. "(b) Persons commencing business. — Any person who expects to realize gross sales or receipts subject to valuedadded tax in excess of the amount prescribed under Section 103(z) of this Code for the next 12-month period from the commencement of the business shall, within thirty (30) days before the start of the said business register with the Revenue District Officer who has jurisdiction over his principal place of business and shall pay the annual registration fee prescribed in the preceding paragraph. "(c ) Persons becoming liable to the value-added tax. — Any person whose gross sales or receipts in any 12-month period exceeds the amount prescribed under Section 103(z) of this Code for exemption from the value-added tax shall register and

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER pay the annual registration fee prescribed in paragraph (a) of this section within thirty (30) days after the end of the last month of that period, and shall be liable to the valued-added tax commencing from the first day of the month following his registration. "(d) Optional registration of exempt person. — Any person whose transactions are exempt from value-added tax under Section 103(z) of this Code, Section 103(a), (b), (c ), and (d) of this Code with respect to export sales only, and Section 103(j) with respect to service of franchise grantees of radio and/or television broadcasting as defined under Section 117 of this Code, may apply for registration as a VAT-registered person not later than ten (10) days before the beginning of the taxable quarter and shall pay the annual registration fee prescribed in subparagraph (a) of this section. "In any case, the Commissioner may, for administrative reason, deny any application for registration. "For purposes of this Title, any person registered in accordance with the provisions of this section shall be referred to as a 'VATregistered person.' Each VAT-registered person shall be assigned only one taxpayer's identification number. "(e) Cancellation of registration. — The registration of any person who ceases to be liable to the valued-added tax shall be cancelled by the Commissioner upon filing of an application for cancellation of registration. Any person who opted to be registered under paragraph (d) of this section may, under regulation of the Secretary of Finance, apply for cancellation of such registration." Sec5. Section 9 of Republic Act No. 7716 is hereby amended to read as follows: "Sec. 9. Section 110(c) of the National Internal Revenue Code, is hereby further amended to read as follows: "(c) Withholding of Creditable Value-Added Tax. — The government or any of its political subdivisions, instrumentalities or agencies, including government-owned or controlled corporations (GOCCs) shall, before making payment on account of each purchase of goods from sellers and services rendered by contractors which are subject to the value-added tax imposed in Section 100 and 102 of this Code, deduct and withhold the value-added tax due at the rate of three percent (3%) of the gross payment for the purchase of goods and six percent (6%) on gross receipts for services rendered by contractors on every sale or installment payment which shall be creditable against the valued-added tax liability of the seller or contractor: Provided, however, That in the case of government public works contractors, the withholding rate shall be eight and one-half percent (8.5%): Provided, further, That the payment for lease or use of properties or property rights to nonresident owners shall be subject to ten percent (10%) withholding tax at the time of payment. For this purpose, the payor of person in control of the payment shall be considered as the withholding agent. 'The value-added tax withheld under this section shall be remitted with ten (10) days following the end of the month the withholding was made.'

- 226 Sec6. Section 10 of Republic Act No. 7716 is hereby amended to read as follows: "Sec. 10. Section 112 of the National Internal Revenue Code, as amended, is hereby further amended to read as follows: "Sec. 112. Tax on persons exempt from value-added tax (VAT). — Any person whose sales or receipts are exempt under Section 103(z) of this Code from the payment of value-added tax and who is not a VAT-registered person shall pay a tax equivalent to three percent (3%) of his gross quarterly sales or receipts: Provided, That cooperatives shall be exempt from the three percent (3%) gross receipt tax herein imposed." Sec7. Section 11 of Republic Act No. 7716 is hereby amended to read as follows: 'Sec. 11. Section 115 of the National Internal Revenue Code, as amended, is hereby further amended to read as follows: "Sec. 115. Percentage tax on domestic carriers and keepers of garages. — Cars for rent or hire driven by the lessee, transportation contractors, including persons who transport passenger for hire, and other domestic carriers by land, air or water, for the transport of passengers, except owners of bancas, and owners of animal-drawn two-wheeled vehicle, and keepers of garages shall pay a tax equivalent to three per centum (3%) of their quarterly gross receipts. "The gross receipts of common carriers derived from their incoming and outgoing freight shall not be subjected to the local taxes imposed under Republic Act No. 7160, otherwise known as the Local Government Code of 1991. "In computing the percentage tax provided in this section, the following shall be considered the minimum quarterly gross receipts in each particular case: "Jeepney for hire — "1. Manila and other cities P2,400.00 "2. Provincial 1,200.00 "Public utility bus — "Not exceeding 30 passengers P3,600.00 "Exceeding 30 but not exceeding 50 passengers 6,000.00 "Exceeding 50 passengers 7,200.00 "Taxis — "1. Manila and other cities P3,600.00 "2. Provincial 3,400.00 "Car for hire (w/chauffeur) 3,000.00 "Car for hire (w/o chauffeur) 1,800.00" Sec8. A new section is hereby added after Section 115 of the National Internal Revenue Code, as amended, to read as follows: "Sec. 115-A. Percentage tax on international carriers. — "a) International air carriers doing business in the Philippines shall pay a tax of three per centum (3%) of their quarterly gross receipts. "(b) International shipping carriers doing business in the Philippines shall pay a tax equivalent to three percent (3%) of their quarterly gross receipts." Sec9. Section 12 of Republic Act No. 7716 is hereby amended to read as follows:

CA VE AT:

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER "Sec. 12. Section 117 of the National Internal Revenue Code, as amended, is hereby further amended to read as follows: "Sec. 117. Tax on franchise. — Any provision of general or special law to the contrary, notwithstanding, there shall be levied, assessed and collected in respect to all franchises on radio and/or television broadcasting companies whose annual gross receipts of the preceding year does not exceed Ten million pesos (P10,000,000.00), subject to Section 107(d) of this Code, a tax of two three percent (3%) and on electric, gas and water utilities, a tax of two percent (2%) on the gross receipts derived from the business covered by the law granting the franchise: Provided, however, That radio and television broadcasting companies referred to in this section, shall have an option to be registered as a value-added tax payer and pay the tax due thereon: Provided, further, That once the option is exercised, it shall not be revoked. "The grantee shall file the return with, and pay the tax due thereon to, the Commissioner of Internal Revenue or his duly authorized representative in accordance with the provisions of Section 125 of this Code and the return shall be subject to audit by the Bureau of Internal Revenue, any provision of any existing law to the contrary notwithstanding." Sec10. Section 15 of Republic Act No. 7716 is hereby amended to read as follows: "Sec. 15. Section 237 of the National Internal Revenue Code, as amended, is hereby further amended to read as follows: "Sec. 237. Registration of Name or Style with the Revenue District Officer or Collection Agent. — Every person, other than persons required to be registered under the provisions of Section 107 engaged in any business shall, on or before the commencement of his business shall, on or before the commencement of his business, or whenever he transfers to another revenue district, register with the Revenue District Officer concerned within 10 days from the commencement of business or transfer and shall pay the annual registration fee in the amount of Five hundred pesos (P500.00) for every separate or distinct establishment or place of business and every year thereafter on or before the last day of January. The fee shall be paid to the Revenue District Officer, collection agent, authorized treasurer of the municipality where each place of business or branch is situated. In cities or municipalities where no Revenue District Officer is stationed, such person shall register and pay the fee prescribed herein with the collection agent. The registration shall contain his name or style, place of where such business is carried on, and such other information as may be required by the Commissioner in the form prescribed therefor. In the case of a firm, the names and residences of the various persons constituting the same shall also be registered. The Commissioner, after taking into consideration the volume of sales, financial condition and other relevant factors, may require the registrant to guarantee the payment of his taxes by way of advance payment, or the posting or filing of a security, guarantee or collateral acceptable to the Commissioner: Provided, however, That cooperatives shall not pay the registration fee imposed herein.'

CA VE AT:

- 227 Sec11. Section 17 of Republic Act No. 7716 is hereby amended to read as follows: "Sec. 17. Effectivity of the Imposition of VAT on Certain Goods, Properties and Services. — The value-added tax shall be levied, assessed and collected on the following transactions, starting January 1, 1998: "(a) Services performed in the exercise of profession or calling subject to the professional tax under the Local Government Code of Republic Act No. 7160, and professional services performed by registered general professional partnerships; actors, actresses, talents, singers and emcees; radio and television broadcasters, choreographers; musical, radio, movie, television and stage directors; and professional athletes; "(b) Services rendered by banks, non-bank financial intermediaries, finance companies and other financial intermediaries, not performing quasi-banking functions; and "(c ) The lease or use of sports facilities and equipment by amateur players, as provided under Republic Act No. 6847, except sports facilities and equipment which are exclusively or mainly for the private use of shareholders or members of the club or organization which owns or operates such sports facilities and equipment. "Prior to their inclusion in the coverage of the valued-added tax the above services shall continue to pay the applicable tax prescribed under the present provisions of the National Internal Revenue Code, as amended. "However, when public interest so requires, the Congress of the Republic of the Philippines, taking into account the impact on prices of goods and services, may, exclude any of the above services from the coverage of the value-added tax: Provided, however, That in the event of the exclusion of any of the above services the existing applicable tax under the provisions of the National Internal Revenue Code, as amended, shall continue to be paid on the service so excluded." xxx Sec13. Repealing Clause. — The provisions of Republic Act No. 6938, otherwise known as the Cooperative Code of the Philippines, authorizing the exemption of cooperatives from the sales or value-added tax are hereby repealed. All other laws, orders, issuances, rules and regulations or parts thereof which are not consistent with this Act are hereby repealed amended or modified accordingly.

National Internal Revenue Code (1997) Sec117. Percentage Tax on Domestic Carriers and Keepers of Garages. — Cars for rent or hire driven by the lessee, transportation contractors, including persons who transport passengers for hire, and other domestic carriers by land, air or water, for the transport of passengers, except owners of bancas and owners of animal-drawn two wheeled vehicle, and keepers of garages shall pay a tax equivalent to three percent (3%) of their quarterly gross receipts.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER "The gross receipts of common carriers derived from their incoming and outgoing freight shall not be subjected to the local taxes imposed under Republic Act No. 7160, otherwise known as the Local Government Code of 1991. "In computing the percentage tax provided in this Section, the following shall be considered the minimum quarterly gross receipts in each particular case: "Jeepney for hire — "1. Manila and other cities P2,400 "2. Provincial 1,200 "Public utility bus — "Not exceeding 30 passengers P3,600 "Exceeding 30 but not exceeding 50 passengers 6,000 "Exceeding 50 passengers 7,200 "Taxis — "1. Manila and other cities 3,600 "2. Provincial 2,400 "Car for hire (with chauffeur) 3,000 "Car for hire (without chauffeur) 1,800 Sec283. Disposition of National Internal Revenue. — National internal revenue collected and not applied as hereinabove provided or otherwise specially disposed of by law shall accrue to the National Treasury and shall be available for the general purposes of the Government, with the exception of the amounts set apart by way of allotment as provided for under Republic Act No. 7160, otherwise known as the Local Government Code of 1991. "In addition to the internal revenue allotment as provided for in the preceding paragraph, fifty percent (50%) of the national taxes collected under Sections 106, 108 and 116 of this Code in excess of the increase in collections for the immediately preceding year shall be distributed as follows: "(a) Twenty percent (20%) shall accrue to the city or municipality where such taxes are collected and shall be allocated in accordance with Section 150 of Republic Act No. 7160, otherwise known as the Local Government Code of 1991; and "(b) Eighty percent (80%) shall accrue to the National Government. Sec287. Shares of Local Government Units in the Proceeds from the Development and Utilization of the National Wealth. — Local government units shall have an equitable share in the proceeds derived from the utilization and development of the national wealth, within their respective areas, including sharing the same with the inhabitants by way of direct benefits. "(A) Amount of Share of Local Government Units. — Local government units shall, in addition to the internal revenue allotment, have a share of forty percent (40%) of the gross collection derived by the national government from the preceding fiscal year from excise taxes on mineral products, royalties, and such other taxes, fees or charges, including related surcharges, interests or fines, and from its share in any co-production, joint venture or production sharing agreement in

CA VE AT:

- 228 the utilization and development of the national wealth within their territorial jurisdiction. "(B) Share of the Local Governments from Any Government Agency or Government-owned or -Controlled Corporation. — Local government units shall have a share, based on the preceding fiscal year, from the proceeds derived by any government agency or government-owned or -controlled corporation engaged in the utilization and development of the national wealth based on the following formula, whichever will produce a higher share for the local government unit: "(1) One Percent (1%) of the gross sales or receipts of the preceding calendar year; or "(2) Forty percent (40%) of the excise taxes on mineral products, royalties, and such other taxes, fees or charges, including related surcharges, interests or fines the government agency or government-owned or -controlled corporation would have paid if it were not otherwise exempt. "(C) Allocation of Shares. — The share in the preceding Section shall be distributed in the following manner: "(1) Where the natural resources are located in the province: "(a) Province — twenty percent (20%); "(b) Component city/municipality — forty-five percent (45%); and "(c) Barangay — thirty-five percent (35%). "Provided, however, That where the natural resources are located in two (2) or more provinces, or in two (2) or more component cities or municipalities or in two (2) or more barangays, their respective shares shall be computed on the basis of: (1) Population — seventy percent (70%); and (2) Land area — thirty percent (30%). "(2) Where the natural resources are located in a highly urbanized or independent component city: "(a) City — sixty-five percent (65%); and "(b) Barangay — thirty-five percent (35%). "Provided, however, That where the natural resources are located in two (2) or more cities, the allocation of shares shall be based on the formula on population and land area as specified in subsection (C)(1) hereof.

RA 8245 (1996) – An Act Appropriating The Sum Of P14,455,000,000 For The Increased Share In 1997 Of LGUs In The National Internal Revenue Taxes And For Other Purposes Sec1. Appropriation, Allotment and Release of Funds. — The amount of Fourteen billion four hundred fifty-five million pesos (14,455,000,000) is hereby appropriated for the increased share in 1997 of local government units in the internal revenue taxes pursuant to Section 284 of Republic Act No. 7160, the Local Government Code of 1991, and shall be apportioned among the local government units in accordance with the formula prescribed in Section 285 thereof, after deducting the actual cost of devolution and the cost of city-funded hospitals as of

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER December 31, 1992. Said internal revenue allotment shall be released directly by the Department of Budget and Management to the local government units concerned. Sec2. Use of Funds. — The use of funds herein appropriated shall be in accordance with the provisions of the Local Government Code of 1991, Republic Act No. 7160.

RA 7942 (1995) – An Act Instituting A New System Of Mineral Resources Exploration, Development, Utilization, And Conservation Sec82. Allocation of Government Share. — The Government share as referred to in the preceding sections shall be shared and allocated in accordance with Sections 290 and 292 of Republic Act No. 7160 otherwise known as the Local Government Code of 1991. In case the development and utilization of mineral resources is undertaken by a governmentowned or -controlled corporation, the sharing and allocation shall be in accordance with Sections 291 and 292 of the said Code.

RA8424 amending Sec24 of RA7916 - An Act Amending The National Internal Revenue Code, As Amended, And For Other Purposes Sec24. Income Tax Rates. — "(A) Rates of Income Tax on Individual Citizen and Individual Resident Alien of the Philippines. — "(1) An income tax is hereby imposed: "(a) On the taxable income defined in Section 31 of this Code, other than income subject to tax under Subsections (B), (C) and (D) of this Section, derived for each taxable year from all sources within and without the Philippines by every individual citizen of the Philippines residing therein; "(b) On the taxable income defined in Section 31 of this Code, other than income subject to tax under Subsections (B), (C) and (D) of this Section, derived for each taxable year from all sources within the Philippines by an individual citizen of the Philippines who is residing outside of the Philippines including overseas contract workers referred to in Subsection (C) of Section 23 hereof; and "(c) On the taxable income defined in Section 31 of this Code, other than income subject to tax under Subsections (B), (C) and (D) of this Section, derived for each taxable year from all sources within the Philippines by an individual alien who is a resident of the Philippines. "The tax shall be computed in accordance with and at the rates established in the following schedule: "Not over P10,000 5% "Over P10,000 but not over P30,000 P500+10% of the excess over P10,000

CA VE AT:

- 229 "Over P30,000 but not over P70,000 P2,500+15% of the excess over P30,000 "Over P70,000 but not over P140,000 P8,500+20% of the excess over P70,000 "Over P140,000 but not over P250,000 P22,500+25% of the excess over P140,000 "Over P250,000 but not over P500,000 P50,000+30% of the excess over P250,000 "Over P500,000 P125,000+34% of the excess over P500,000 in 1998. "Provided, That effective January 1, 1999, the top marginal rate shall be thirty-three percent (33%) and effective January 1, 2000, the said rate shall be thirty-two percent (32%). "For married individuals, the husband and wife, subject to the provision of Section 51(D) hereof, shall compute separately their individual income tax based on their respective total taxable income: Provided, That if any income cannot be definitely attributed to or identified as income exclusively earned or realized by either of the spouses, the same shall be divided equally between the spouses for the purpose of determining their respective taxable income. "(B) Rate of Tax on Certain Passive Income: — "(1) Interests, Royalties, Prizes, and Other Winnings. — A final tax at the rate of twenty percent (20%) is hereby imposed upon the amount of interest from any currency bank deposit and yield or any other monetary benefit from deposit substitutes and from trust funds and similar arrangements; royalties, except on books, as well as other literary works and musical compositions, which shall be imposed a final tax of ten percent (10%); prizes (except prizes amounting to Ten thousand pesos (P10,000) or less which shall be subject to tax under Subsection (A) of Section 24; and other winnings (except Philippine Charity Sweepstakes and Lotto winnings), derived from sources within the Philippines: Provided, however, That interest income received by an individual taxpayer (except a nonresident individual) from a depository bank under the expanded foreign currency deposit system shall be subject to a final income tax at the rate of seven and one-half percent (7 ½%) of such interest income: Provided, further, That interest income from long-term deposit or investment in the form of savings, common or individual trust funds, deposit substitutes, investment management accounts and other investments evidenced by certificates in such form prescribed by the Bangko Sentral ng Pilipinas (BSP) shall be exempt from the tax imposed under this Subsection: Provided, finally, That should the holder of the certificate pre-terminate the deposit or investment before the fifth (5th) year, a final tax shall be imposed on the entire income and shall be deducted and withheld by the depository bank from the proceeds of the long-term deposit or investment certificate based on the remaining maturity thereof: "Four (4) years to less than five (5) years — 5%; "Three (3) years to less than four (4) years — 12%; and "Less than three (3) years — 20%.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER "(2)

Cash and/or Property Dividends. — A final tax at the following rates shall be imposed upon the cash and/or property dividends actually or constructively received by an individual from a domestic corporation or from a joint stock company, insurance or mutual fund companies and regional operating headquarters of multinational companies, or on the share of an individual in the distributable net income after tax of a partnership (except a general professional partnership) of which he is a partner, or on the share of an individual in the net income after tax of an association, a joint account, or a joint venture or consortium taxable as a corporation of which he is a member or co-venturer: "Six percent (6%) beginning January 1, 1998; "Eight percent (8%) beginning January 1, 1999; "Ten percent (10%) beginning January 1, 2000. "Provided, however, That the tax on dividends shall apply only on income earned on or after January 1, 1998. Income forming part of retained earnings as of December 31, 1997 shall not, even if declared or distributed on or after January 1, 1998, be subject to this tax. cdtai "(C) Capital Gains from Sale of Shares of Stock not Traded in the Stock Exchange. — The provisions of Section 39(B) notwithstanding, a final tax at the rates prescribed below is hereby imposed upon the net capital gains realized during the taxable year from the sale, barter, exchange or other disposition of shares of stock in a domestic corporation, except shares sold, or disposed of through the stock exchange. "Not over P100,000 5% "On any amount in excess of P100,000 10% "(D) Capital Gains from Sale of Real Property. — "(1) In General. — The provisions of Section 39(B) notwithstanding, a final tax of six percent (6%) based on the gross selling price or current fair market value as determined in accordance with Section 6(E) of this Code, whichever is higher, is hereby imposed upon capital gains presumed to have been realized from the sale, exchange, or other disposition of real property located in the Philippines, classified as capital assets, including pacto de retro sales and other forms of conditional sales, by individuals, including estates and trusts: Provided, That the tax liability, if any, on gains from sales or other dispositions of real property to the government or any of its political subdivisions or agencies or to government-owned or -controlled corporations shall be determined either under Section 24(A) or under this Subsection, at the option of the taxpayer; "(2) Exception. — The provisions of paragraph (1) of this Subsection to the contrary notwithstanding, capital gains presumed to have been realized from the sale or disposition of their principal residence by natural persons, the proceeds of which is fully utilized in acquiring or constructing a new principal residence within eighteen (18) calendar months from the date of sale or disposition, shall be exempt from the capital gains tax imposed under this Subsection: Provided, That

CA VE AT:

- 230 the historical cost or adjusted basis of the real property sold or disposed shall be carried over to the new principal residence built or acquired: Provided, further, That the Commissioner shall have been duly notified by the taxpayer within thirty (30) days from the date of sale or disposition through a prescribed return of his intention to avail of the tax exemption herein mentioned: Provided, still further, That the said tax exemption can only be availed of once every ten (10) years: Provided, finally, That if there is no full utilization of the proceeds of sale or disposition, the portion of the gain presumed to have been realized from the sale or disposition shall be subject to capital gains tax. For this purpose, the gross selling price or fair market value at the time of sale, whichever is higher, shall be multiplied by a fraction which the unutilized amount bears to the gross selling price in order to determine the taxable portion and the tax prescribed under paragraph (1) of this Subsection shall be imposed thereon.

RA 8975 (2000) – An Act To Ensure The Expeditious Implementation And Completion Of Government Infrastructure Projects By Prohibiting Lower Courts From Issuing Temporary Restraining Orders, Preliminary Injunctions Or Preliminary Mandatory Injunctions, Providing Penalties For Violations Thereof, And For Other Purposes Sec7. Issuance of Permits. — Upon payment in cash of the necessary fees levied under Republic Act No. 7160, as amended, otherwise known as the Local Government Code of 1991, the governor of the province or mayor of a highlyurbanized city shall immediately issue the necessary permit to extract sand, gravel and other quarry resources needed in government projects. The issuance of said permit shall consider environmental laws, land use ordinances and the pertinent provisions of the Local Government Code relating to environment.

RA 9165 (2002) - An Act Instituting The Comprehensive Dangerous Drugs Act Of 2002, Repealing Republic Act No. 6425, Otherwise Known As The Dangerous Drugs Act Of 1972, As Amended, Providing Funds Therefor, And For Other Purposes Sec51. Local Government Units' Assistance. — Local government units shall appropriate a substantial portion of their respective annual budgets to assist in or enhance the enforcement of this Act giving priority to preventive or educational programs and the rehabilitation or treatment of drug dependents. From class notes: Where do LGUs get their money?  portion of the internal revenue collected (IRA)

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER  power to levy taxes  just share in the utilization of natural resources  also generate own source 2/3 of income of LGUs come from IRA

Basco v. PAGCOR (1991) Manila, being a mere municipal corporation, has no inherent right to impose taxes. Congress has the power of control over local governments. If Congress can grant Manila the power to tax certain matters, it can also provide for exemptions or even take back the power. LGUs also have no power to tax instrumentalities of the National Government. PAGCOR, being such, should be and actually is exempt from local taxes. Otherwise, mere creatures of the State can defeat national policies thru extermination of what local authorities may perceive to be undesirable activities or enterprise using the power to tax as a tool for regulation. From class notes: LGU no inherent power to tax? Not exactly true, because there is constitutional basis (but can’t say that it is inherent) BASCO IS NO LONGER GOOD LAW!!!

- 231 -

City of Olongapo v. Stallholders of the East Bajac – Bajac Public Market of Olongapo City (2000) Respondents questioned the validity of an ordinance fixing the monthly rental fees for stall in the public market. They alleged among others, that the rates were unjust, excessive, oppressive, confiscatory and not equitable. The Sec. of Justice upheld its validity and refrained from taking action when MR was filed. Respondents then field an actin for declaration of nullity of the ordinance with the RTC. RTC, without trial, rendered a decision sustaining the validity of the ordinance. Held: The RTC’s function is not limited to determining whether there is evidence in the administrative record substantial enough to support the findings therein. As determined by the allegations of the complaint or pet., the pet. filed with the RTC cannot be limited to reviewing evidence adduced before the Sec. of Justice. The Memorandum and the accompanying letter amounted to an abdication by the Sec. of his jurisdiction over the appeal. From class notes: When can a tax law be considered oppressive?  wide area of discretion  factual issue that needs trial – thresh it out at the court level Estanislao v. Costales (1991)

Figuerres v. CA (1999) Figuerres received a notice of assessment from the municipal treasurer, which was based on a number of ordinances. Petitioner thus bought a prohibition suit on the ground that the ordinances were invalid for having been adopted without public hearings and prior publication or posting. Held: Petitioner failed to exhaust administrative remedies. The legal questions raised by petitioner require proof of facts for their resolution. The action before the CA was thus premature. It is the Sec. of Justice who can take cognizance of a case involving the constitutionality or legality of tax ordinances where, as in this case, there are factual issues involved. There need be no fear that compliance with the rule on exhaustion will unduly delay resort to courts. Sec. 187 requires the Sec. to render a decision within 60 days from the date of receipt of the appeal, after which the aggrieved party may file appropriate proceedings with a court. From class notes: no need to go to DOJ Sec. on pure questions of law when there is a factual issue – go to DOJ SEC. Sir: but one might still be able to go to court.

An ordinance of Zamboanga City imposed a P.01 tax per liter of softdrinks produced, manufactured and/or bottled within the territorial jurisdiction of Z City. Held: The ordinance is ultra vires and is not within the authority of the city to impose. The authority of the city is limited to the imposition of a percentage tax on the gross sales or receipts of said product. The tax being imposed under said ordinance is based on the output or production and not on the gross sales or receipts. The ordinance cannot be considered valid on the ground that the Minister of Finance failed to take action within the prescribed period. There is no authority under the Local Tax Code for the conclusion that since the minister failed to act or otherwise suspend the effectivity of the tax ordinance within 120 days from receipt of a copy thereof, said ordinance is valid and remains in force. By the Sec.’s failure to act, it does not follow as a legal consequence that an otherwise invalid ordinance is thereby validated. The presented period for review is only directory and the Sec. may still review the ordinance and act accordingly even after the lapse of the said period provided he acts within a reasonable time. Same goes for the provincial and city treasurers. From class notes: Period now is 60 days (not 120 days). You can only tax as you are told to tax.

CA VE AT:

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER

- 232 -

First Philippine Industrial Corp. v CA (1998) Floro Cement v. Gorospe (1991) As the power of taxation is a high prerogative of sovereignty, the general rule is that any claim for exemption from the tax statute should be strictly construed against the taxpayer. He who claims an exemption must be able to point out some provision of law creating the right; it cannot be allowed to exist upon a mere implication or inference. The manufacture and export of cement does not fall under the exemption provision for it is not a mineral product. It is not cement that is mined, only the mineral products composing the finished product.

Bulacan v. CA (1998) The provincial ordinance of Bulacan provides that a tax of 10% of the fair market value will be imposed per cubic meter of stones, sand and other quarry resources extracted from public lands. The provincial treasurer assessed Republic Cement taxes for extracting materials from several parcels of private land. Held: The province had no authority to impose taxes on materials extracted from private lands. Section 138 of the LGC expressly prohibits the province from imposing taxes on stones, etc extracted from private lands. Section 133 of the LGC also prohibits the province from levying excise taxes like the one imposed in the CAB.

First Philippine Industrial Corporation is a grantee of a pipeline concession to contract, install and operate pipelines. The City Treasurer required it to pay a local tax based on its gross receipts for the fiscal year 1993 pursuant to Sec. 143 of the LGC: “the municipality may impose taxes on ‘contractors and other independent contractors’ in accordance with a prescribed schedule. Held: FPIC falls under the definition of a common carrier under the CC. It is engaged in the business of transporting or carrying foods, i.e. petroleum products, for hire as a public employment. It undertakes to carry for all persons indifferently, that is, to all persons who choose to employ its services, and transports the goods by land and for compensation. Since FPIC is a common carrier, it is exempt from the business tax as provided in Sec. 133. The legislative intent in excluding from the taxing power of the LGU the imposition of business tax against common carriers is to prevent a duplication of the so-called “common carrier’s tax.” Now FPIC is already paying 3% common carrier’s tax on its gross sales/earnings under the NIRC. To tax petitioner again on its gross receipts in its transportation of petroleum business would defeat the purpose of the LGC.

Palma Development Corp. v. Municipality of Malangas (2003)

NIRC levies a tax on all quarry resources, regardless of origin, whether extracted from public or private lands. The province was only expressly allowed to levy such tax on extractions from public lands thru the LGC provision. The court therefore did not unjustly deprive them of the power to create sources of revenue, their assessment of tax against Republic being ultra vires.

A service fee imposed on vehicles using municipal roads leading to the wharf is valid. By express language of Secs 153 and 155 of LGC, LGU’s, through their SP/SB, may prescribe the terms and conditions for the imposition of toll fees or charges for the use of any public road, pier or wharf funded and constructed by them.

The legality of the ordinance was never questioned by the CA. What the CA questioned was the assessment and not the ordinance itself. A reading of the ordinance, which is a practically a reproduction of Section 138 of the LGC limits the province’s rights to public land extractions. Bulacan may not invoke the Regalian doctrine to extend coverage of their ordinance, for taxes, being burdens, are not to be presumed beyond what the applicable statute expressly and clearly declares.

But wharfage labeled as a service fee “for police surveillance on all goods” is not valid. Section 133(e) of LGC prohibits the imposition, in the guise of wharfage, of fees -- as well as all other taxes or charges in any form whatsoever -- on goods or merchandise. It is therefore irrelevant if the fees imposed are actually for police surveillance on the goods, because any other form of imposition on goods passing through the territorial jurisdiction of the municipality is clearly prohibited by Section 133(e).

From class notes: Taxing power of national government vis-à-vis taxing power of LGU – are they mutually exclusive? Yes. Gen. Rule: If something is already taxed by the national government, it can no longer be taxed by the LGU. Exception: Unless allowed by LGC. In the case above, LGU is allowed to tax, but the LGC provides that the LGU may tax only PUBLIC lands.

Wharfage: a fee assessed against the cargo of a vessel engaged in foreign or domestic trade based on quantity, weight, or measure received and/or discharged by vessel. From class notes: Prohibition limited to goods, not use of the road

Amusement Taxes

CA VE AT:

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Sec140. Amusement Tax. — (a) The province may levy an amusement tax to be collected from the proprietors, lessees, or operators of theaters, cinemas, concert halls, circuses, boxing stadia, and other places of amusement at a rate of not more than thirty percent (30%) of the gross receipts from admission fees. (b) In the case of theaters or cinemas, the tax shall first be deducted and withheld by their proprietors, lessees, or operators and paid to the provincial treasurer before the gross receipts are divided between said proprietors, lessees, or operators and the distributors of the cinematographic films. (c) The holding of operas, concerts, dramas, recitals, painting and art exhibitions, flower shows, musical programs, literary and oratorical presentations, except pop, rock, or similar concerts shall be exempt from the payment of the tax hereon imposed. (d) The sangguniang panlalawigan may prescribe the time, manner, terms and conditions for the payment of tax. In case of fraud or failure to pay the tax, the sangguniang panlalawigan may impose such surcharges, interest and penalties as it may deem appropriate. (e) The proceeds from the amusement tax shall be shared equally by the province and the municipality where such amusement places are located. Sec141. Annual Fixed Tax For Every Delivery Truck or Van of Manufacturers or Producers, Wholesalers of, Dealers, or Retailers in, Certain Products. — (a) The province may levy an annual fixed tax for every truck, van or any vehicle used by manufacturers, producers, wholesalers, dealers or retailers in the delivery or distribution of distilled spirits, fermented liquors, soft drinks, cigars and cigarettes, and other products as may be determined by the sangguniang panlalawigan, to sales outlets, or consumers, whether directly or indirectly, within the province in an amount not exceeding Five hundred pesos (P500.00). (b) The manufacturers, producers, wholesalers, dealers and retailers referred to in the immediately foregoing paragraph shall be exempt from the tax on peddlers prescribed elsewhere in this Code. Sec150. Situs of the Tax. — (a) For purposes of collection of the taxes under Section 143 of this Code, manufacturers, assemblers, repackers, brewers, distillers, rectifiers and compounders of liquor, distilled spirits and wines, millers, producers, exporters, wholesalers, distributors, dealers, contractors, banks and other financial institutions, and other businesses, maintaining or operating branch or sales outlet elsewhere shall record the sale in the branch or sales outlet making the sale or transaction, and the tax thereon shall accrue and shall be paid to the municipality where such branch or sales outlet is located. In cases where there is no such branch or sales outlet in the city or municipality where the sale or transaction is made, the sale shall be duly recorded in the principal office and the taxes due shall accrue and shall be paid to such city or municipality. (b) The following sales allocation shall apply to manufacturers, assemblers, contractors, producers, and exporters with

CA VE AT:

- 233 factories, project offices, plants, and plantations in the pursuit of their business: (1) Thirty percent (30%) of all sales recorded in the principal office shall be taxable by the city or municipality where the principal office is located; and (2) Seventy percent (70%) of all sales recorded in the principal office shall be taxable by the city or municipality where the factory, project office, plant, or plantation is located. (c) In case of a plantation located at a place other than the place where the factory is located, said seventy percent (70%) mentioned in subparagraph (b) of subsection (2) above shall be divided as follows: (1) Sixty percent (60%) to the city or municipality where the factory is located; and (2) Forty percent (40%) to the city or municipality where the plantation is located. (d) In cases where a manufacturer, assembler, producer, exporter or contractor has two (2) or more factories, project offices, plants, or plantations located in different localities, the seventy percent (70%) sales allocation mentioned in subparagraph (b) of subsection (2) above shall be prorated among the localities where the factories, project offices, plants, and plantations are located in proportion to their respective volumes of production during the period for which the tax is due. (e) The foregoing sales allocation shall be applied irrespective of whether or not sales are made in the locality where the factory, project office, plant, or plantation is located.

RA 9167 (2002) – An Act Creating The Film Development Council Of The Philippines, Defining Its Powers And Functions, Appropriating Funds Therefor, And For Other Purposes Sec13. Privileges of Graded Films. — Films which have obtained an "A" or "B" grading from the Council pursuant to Sections 11 and 12 of this Act shall be entitled to the following privileges: a. Amusement tax reward. — A grade "A" or "B" film shall entitle its producer to an incentive equivalent to the amusement tax imposed and collected on the graded films by cities and municipalities in Metro Manila and other highly urbanized and independent component cities in the Philippines pursuant to Sections 140 and 151 of Republic Act No. 7160 at the following rates: 1. For grade "A" films — 100% of the amusement tax collected on such films; and 2. For grade "B" films — 65% of the amusement tax collected on such films. The remaining thirty-five (35%) shall accrue to the funds of the Council. Sec14. Amusement Tax Deduction and Remittances. — All revenue from the amusement tax on the graded film which may otherwise accrue to the cities and municipalities in Metropolitan Manila and highly urbanized and independent component cities in the Philippines pursuant to Section 140 of Republic Act No. 7160 during the period the graded film is exhibited, shall be deducted and withheld by the proprietors, operators or lessees of theatres or cinemas and remitted within thirty (30) days from

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER the termination of the exhibition to the Council which shall reward the corresponding amusement tax to the producers of the graded film within fifteen (15) days from receipt thereof. Proprietors, operators and lessees of theaters or cinemas who fail to remit the amusement tax proceeds within the prescribed period shall be liable to a surcharge equivalent to five percent (5%) of the amount due for each month of delinquency which shall be paid to the Council. Sec15. Enforcement. — For purposes of implementing the previous Section, the Council may: 1. Impose administrative fines and penalties of not more than One hundred thousand pesos (P100,000.00) for the violation of any provision of this Act and/or its implementing rules and regulations issued by the Council; 2. Cause or initiate the criminal or administrative prosecution of violators of this Act and its implementing rules and regulations. For this purpose, the Council is hereby given the power to issue subpoena duces tecum and enlist the assistance or services of the Department of Justice or the Office of the Solicitor General; 3. Cause the closure of any theater or cinema that fails or unreasonably refuses to remit the tax collected on a graded film for a period not exceeding fifteen (15) days after which such period shall be automatically lifted without prejudice to the right of the Council to cause or initiate criminal or administrative prosecution against the erring theater or cinema owners pursuant to paragraph 2 of this section; 4. Call upon representatives of the different government agencies and other various associations in the movie industry to help ensure compliance with the provisions of this Act and its implementing rules and regulations. For this purpose, the Council may constitute Local Regulatory Council or Councils in the cities and municipalities throughout the country composed of representatives from the government and from the private sector as may be appropriate to implement the purposes and objectives of this Act and its implementing rules and regulations and they shall serve without compensation and only for such period of time as the Chairperson shall determine; 5. To deputize any law enforcement agency and instrumentality of the government for assistance in the implementation and enforcement of its functions and orders.

PBA v. CA (2000) PBA claims that the power to collect amusement taxes has been transferred from the national to the local governments. Held: The authority to tax professional basketball games is NOT INCLUDED in §13 of the Local Tax Code, the same is expressly embraced in §44 of PD1959, w/c provides:

CA VE AT:

- 234 Amusement taxes – There shall be collected from the proprietor, lessee, or operator of …professional basketball games …a tax equivalent to (4) Fifteen percentum [of their gross receipts] …in lieu of all other percentage taxes of whatever nature and description. Under the principle of ejusdem generis, the phrase “other places of amusement” in §13 must pertain to artistic forms of entertainment, which is the common characteristic of the enumeration “theaters, cinematographs, concert halls and circuses” prior to the phrase. Professional basketball does not pertain to the arts, but caters to sports and gaming. Therefore, it is not covered by the general phrase. From class notes: This is still good law, although the LGC now includes “boxing stadia”. The LGU can still tax advertisements by PBA.

Franchise Taxes Sec137. Franchise Tax. — Notwithstanding any exemption granted by any law or other special law, the province may impose a tax on businesses enjoying a franchise, at the rate not exceeding fifty percent (50%) of one percent (1%) of the gross annual receipts for the preceding calendar year based on the incoming receipt, or realized, within its territorial jurisdiction. In the case of a newly started business, the tax shall not exceed one-twentieth (1/20) of one percent (1%) of the capital investment. In the succeeding calendar year, regardless of when the business started to operate, the tax shall be based on the gross receipts for the preceding calendar year, or any fraction thereon, as provided herein. Sec193. Withdrawal of Tax Exemption Privileges. — Unless otherwise provided in this Code, tax exemptions or incentives granted to, or presently enjoyed by all persons, whether natural or juridical, including government-owned or controlled corporations, except local water districts, cooperatives duly registered under R.A. No. 6938, non-stock and non-profit hospitals and educational institutions, are hereby withdrawn upon the effectivity of this Code. Sec534. Repealing Clause. — (a) Batas Pambansa Blg. 337, otherwise known as the Local Government Code, Executive Order No. 112 (1987), and Executive Order No. 319 (1988) are hereby repealed. (b) Presidential Decree Nos. 684, 1191, 1508 and such other decrees, orders, instructions, memoranda and issuances related to or concerning the barangay are hereby repealed. (c) The provisions of Sections 2, 3, and 4 of Republic Act No. 1939 regarding hospital fund; Section 3, a (3) and b (2) of Republic Act No. 5447 regarding the Special Education Fund; Presidential Decree No. 144 as amended by Presidential Decree Nos. 559 and 1741; Presidential Decree No. 231 as amended; Presidential Decree No. 436 as amended by Presidential Decree No. 558; and Presidential Decree Nos. 381,

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER 436, 464, 477, 526, 632, 752, and 1136 are hereby repealed and rendered of no force and effect. (d) Presidential Decree No. 1594 is hereby repealed insofar as it governs locally-funded projects. (e) The following provisions are hereby repealed or amended insofar as they are inconsistent with the provisions of this Code: Sections 2, 16 and 29 of Presidential Decree No. 704; Section 12 of Presidential Decree No. 87, as amended; Section 52, 53, 66, 67, 68, 69, 70, 71, 72, 73, and 74 of Presidential Decree No. 463, as amended; and Section 16 of Presidential Decree No. 972, as amended, and (f) All general and special laws, acts, city charters, decrees, executive orders, proclamations and administrative regulations, or part or parts thereof which are inconsistent with any of the provisions of this Code are hereby repealed or modified accordingly.

MERALCO v. Province of Laguna (1999) Meralco can be taxed by the province. The LGC explicitly authorizes provincial governments, notwithstanding “any exemptions granted by any law or other special law…(to) impose a tax on businesses enjoying a franchise.” Indicative of the legislative intent to vest broad tax powers to LGU's, the LGC has effectively withdrawn tax exemptions or incentives enjoyed by certain entities. In addition, the LGC also contains a general repealing clause in Section 534. The phrase "in lieu of all taxes" in a franchise have to give way to the peremptory language of the LGC specifically providing for the withdrawal of exemptions from local taxation. While the SC has frequently referred to tax exemptions contained in special franchises as being in the nature of contracts and a part of the inducement for carrying on the franchise, these exemptions are far from being strictly contractual in nature. A franchise partakes the nature of a grant which is beyond the purview on the non-impairment clause of the Constitution. What is covered by the term "contractual tax exemption" and under the purview of nonimpairment of contracts: those agreed to by taxing authority in contracts such as government bonds / debentures, lawfully entered into by the parties under enabling laws in which the government waives its governmental immunity from suit.

PLDT v. City of Davao (2001) PLDT is liable for the local franchise tax. Section 137 does not state that it covers future exemptions. The grant of taxing powers to LGU's in the consti and the LGC does not affect the power of Congress to grant exemptions in the future. The only legal effect of the constitutional grant to local governemnts: in interpreting statutory provisions on municipal taxing powers, doubts should be resolved in favor of municipal corporations.

- 235 -

National Power Corp. v. Cabanatuan City (2003) NPC is a GOCC tasked to undertake the development of hydroelectric generations of power and the production of electricity and the transmission of electric power on a nationwide basis. Held: NPC is still liable to pay a franchise tax. General Rule: LGUs cannot impose taxes, fees or charges of any kind on the National Government, its agencies and instrumentalities. Exception: when specific provisions of the LGC authorize the LGUs to impose taxes, fees or charges on the aforementioned entities. (Sec 133, LGC) Under the present LGC, the doctrine in Basco vs. PAGCOR no longer applies. In enacting the LGC, Congress exercised its prerogative to tax instrumentalities and agencies of government as it sees fit. NPC fulfilled the requisites to be subject to Franchise tax. A franchise tax is "a tax on the privilege of transacting business in the state and exercising corporate franchises granted by the state." Primary Franchise: relates to the right to exist as a corporation, by virtue of duly approved articles of incorporation, or a charter pursuant to a special law creating the corporation. Secondary Franchise: refers to the right or privileges conferred upon an existing corporation such as the right to use the streets of a municipality to lay pipes of tracks, erect poles or string wires. It is within this context that the phrase "tax on businesses enjoying a franchise" in section 137 of the LGC should be interpreted and understood. To determine whether NPC is covered by the franchise tax in question, the following requisites should concur: •

that petitioner has a "franchise" in the sense of a secondary or special franchise; • that it is exercising its rights or privileges under this franchise within the territory of the city gov’t. NPC satisfies both requisites. As to the contention that it should be excluded because its stocks are wholly owned by the National Government, a franchise tax is imposed based not on the ownership but on the exercise by the corporation of a privilege to do business. The taxable entity is the corporation which exercises the franchise, and not the individual stockholders. By virtue of its charter, NPC was created as a separate and distinct entity from the National Government. It can sue and be sued under its own name and can exercise all the powers of a corporation under the Corporation Code. The ownership by the National Government of its entire capital stock does not necessarily imply that petitioner is not engaged in business. NPC generates power and sells electricity in bulk. Certainly, these activities do not partake of the sovereign functions of the

CA VE AT:

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER government. They are purely private and commercial undertakings, albeit imbued with public interest.

Real Pr op erty Taxa ti on CHAPTER I: General Provisions Sec197. Scope. — This Title shall govern the administration, appraisal, assessment, levy and collection of real property tax. Sec198. Fundamental Principles. — The appraisal, assessment, levy and collection of real property tax shall be guided by the following fundamental principles: (a) Real property shall be appraised at its current and fair market value; (b) Real property shall be classified for assessment purposes on the basis of its actual use; (c) Real property shall be assessed on the basis of a uniform classification within each local government unit; (d) The appraisal, assessment, levy and collection of real property tax shall not be let to any private person; and (e) The appraisal and assessment of real property shall be equitable. Sec199. Definitions. — When used in this Title: (a) "Acquisition Cost" for newly-acquired machinery not yet depreciated and appraised within the year of its purchase, refers to the actual cost of the machinery to its present owner, plus the cost of transportation, handling, and installation at the present site; (b) "Actual Use" refers to the purpose for which the property is principally or predominantly utilized by the person in possession thereof; (c) "Ad Valorem Tax" is a levy on real property determined on the basis of a fixed proportion of the value of the property; (d) "Agricultural Land" is land devoted principally to the planting of trees, raising of crops, livestock and poultry, dairying, salt making, inland fishing and similar aquacultural activities, and other agricultural activities, and is not classified as mineral, timber, residential, commercial or industrial land; (e) "Appraisal" is the act or process of determining the value of property as of a specified date for a specific purpose; (f) "Assessment" is the act or process of determining the value of a property, or proportion thereof subject to tax, including the discovery, listing, classification, and appraisal of properties; (g) "Assessment Level" is the percentage applied to the fair market value to determine the taxable value of the property; (h) "Assessed Value" is the fair market value of the real property multiplied by the assessment level. It is synonymous to taxable value; (i) "Commercial Land" is land devoted principally for the object of profit and is not classified as agricultural, industrial, mineral, timber, or residential land; (j) "Depreciated Value" is the value remaining after deducting depreciation from the acquisition cost;

CA VE AT:

- 236 (k) "Economic Life" is the estimated period over which it is anticipated that a machinery or equipment may be profitably utilized; (l) "Fair Market Value" is the price at which a property may be sold by a seller who is not compelled to sell and bought by a buyer who is not compelled to buy; (m) "Improvement" is a valuable addition to a property or an amelioration in its condition, amounting to more than a mere repair or replacement of parts involving capital expenditures and labor, which is intended to enhance its value, beauty or utility or to adapt it for new or further purposes; (n) "Industrial Land" is land devoted principally to industrial activity as capital investment and is not classified as agricultural, commercial, timber, mineral or residential land; (o) "Machinery" embraces machines, equipment, mechanical contrivances, instruments, appliances or apparatus which may or may not be attached, permanently or temporarily, to the real property. It includes the physical facilities for production, the installations and appurtenant service facilities, those which are mobile, self-powered or self-propelled, and those not permanently attached to the real property which are actually, directly, and exclusively used to meet the needs of the particular industry, business or activity and which by their very nature and purpose are designed for, or necessary to its manufacturing, mining, logging, commercial, industrial or agricultural purposes: (p) "Mineral Lands" are lands in which minerals, metallic or non-metallic, exist in sufficient quantity or grade to justify the necessary expenditures to extract and utilize such materials; (q) "Reassessment" is the assigning of new assessed values to property, particularly real estate, as the result of a general, partial, or individual reappraisal of the property; (r) "Remaining Economic Life" is the period of time expressed in years from the date of appraisal to the date when the machinery becomes valueless; (s) "Remaining Value" is the value corresponding to the remaining useful life of the machinery; (t) "Replacement or Reproduction Cost" is the cost that would be incurred on the basis of current prices, in acquiring an equally desirable substitute property, or the cost of reproducing a new replica of the property on the basis of current prices with the same or closely similar material; and (u) "Residential Land" is land principally devoted to habitation.

Sec200. Administration of the Real Property Tax. — The provinces and cities, including the municipalities within the Metropolitan Manila Area, shall be primarily responsible for the proper, efficient and effective administration of the real property tax. CHAPTER II: Appraisal and Assessment of Real Property Sec201. Appraisal of Real Property. — All real property, whether taxable or exempt, shall be appraised at the current and fair market value prevailing in the locality where the property is situated. The Department of Finance shall promulgate the necessary rules and regulations for the classification, appraisal,

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER and assessment of real property pursuant to the provisions of this Code. Sec202. Declaration of real Property by the Owner or Administrator. — It shall be the duty of all persons, natural or juridical, owning or administering real property, including the improvements therein, within a city or municipality, or their duly authorized representative, to prepare, or cause to be prepared, and file with the provincial, city or municipal assessor, a sworn statement declaring the true value of their property, whether previously declared or undeclared, taxable or exempt, which shall be the current and fair market value of the property, as determined by the declarant. Such declaration shall contain a description of the property sufficient in detail to enable the assessor or his deputy to identify the same for assessment purposes. The sworn declaration of real property herein referred to shall be filed with the assessor concerned once every three (3) years during the period from January first (1st) to June thirtieth (30th) commencing with the calendar year 1992. Sec203. Duty of Person Acquiring Real Property or Making Improvement Thereon. — It shall also be the duty of any person, or his authorized representative, acquiring at any time real property in any municipality or city or making any improvement on real property, to prepare, or cause to be prepared, and file with the provincial, city or municipal assessor, a sworn statement declaring the true value of subject property, within sixty (60) days after the acquisition of such property or upon completion or occupancy of the improvement, whichever comes earlier. Sec204. Declaration of Real Property by the Assessor. — When any person, natural or juridical, by whom real property is required to be declared under Section 202 hereof, refuses or fails for any reason to make such declaration within the time prescribed, the provincial, city or municipal assessor shall himself declare the property in the name of the defaulting owner, if known, or against an unknown owner, as the case may be, and shall assess the property for taxation in accordance with the provision of this Title. No oath shall be required of a declaration thus made by the provincial, city or municipal assessor. Sec205. Listing of Real Property in the Assessment Rolls. — (a) In every province and city, including the municipalities within the Metropolitan Manila Area, there shall be prepared and maintained by the provincial, city or municipal assessor an assessment roll wherein shall be listed all real property, whether taxable or exempt, located within the territorial jurisdiction of the local government unit concerned. Real property shall be listed, valued and assessed in the name of the owner or administrator, or anyone having legal interest in the property. (b) The undivided real property of a deceased person may be listed, valued and assessed in the name of the estate or of the heirs and devisees without designating them individually; and undivided real property other than that owned by a deceased may be listed, valued and assessed in the name of one or more co-owners: Provided, however, That such heir, devisee, or co-owner shall be liable severally and

CA VE AT:

- 237 proportionately for all obligations imposed by this Title and the payment of the real property tax with respect to the undivided property. (c) The real property of a corporation, partnership, or association shall be listed, valued and assessed in the same manner as that of an individual. (d) Real property owned by the Republic of the Philippines, its instrumentalities and political subdivisions, the beneficial use of which has been granted, for consideration or otherwise, to a taxable person, shall be listed, valued and assessed in the name of the possessor, grantee or of the public entity if such property has been acquired or held for resale or lease.

Sec206. Proof of Exemption of Real Property from Taxation. — Every person by or for whom real property is declared, who shall claim tax exemption for such property under this Title shall file with the provincial, city or municipal assessor within thirty (30) days from the date of the declaration of real property sufficient documentary evidence in support of such claim including corporate charters, title of ownership, articles of incorporation, by-laws, contracts, affidavits, certifications and mortgage deeds, and similar documents. If the required evidence is not submitted within the period herein prescribed, the property shall be listed as taxable in the assessment roll. However, if the property shall be proven to be tax exempt, the same shall be dropped from the assessment roll. Sec207. Real Property Identification System. — All declarations of real property made under the provisions of this Title shall be kept and filed under a uniform classification system to be established by the provincial, city or municipal assessor. Sec208. Notification of Transfer of Real Property Ownership. — Any person who shall transfer real property ownership to another shall notify the provincial, city or municipal assessor concerned within sixty (60) days from the date of such transfer. The notification shall include the mode of transfer, the description of the property alienated, the name and address of the transferee. Sec209. Duty of Registrar of Deeds to Appraise Assessor of Real Property Listed in Registry. — (a) To ascertain whether or not any real property entered in the Registry of Property has escaped discovery and listing for the purpose of taxation, the Registrar of Deeds shall prepare and submit to the provincial, city or municipal assessor, within six (6) months from the date of effectivity of this Code and every year thereafter, an abstract of his registry, which shall include brief but sufficient description of the real properties entered therein, their present owners, and the dates of their most recent transfer or alienation accompanied by copies of corresponding deeds of sale, donation, or partition or other forms of alienation. (b) It shall also be the duty of the Registrar of Deeds to require every person who shall present for registration a document of transfer, alienation, or encumbrance of real property to accompany the same with a certificate to the effect

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER that the real property subject of the transfer, alienation, or encumbrance, as the case may be, has been fully paid of all real property taxes due thereon. Failure to provide such certificate shall be a valid cause for the Registrar of Deeds to refuse the registration of the document. Sec210. Duty of Official Issuing Building Permit or Certificate of Registration of Machinery to Transmit Copy to Assessor. — Any public official or employee who may now or hereafter be required by law or regulation to issue to any person a permit for the construction, addition, repair, or renovation of a building, or permanent improvement on land, or a certificate of registration for any machinery, including machines, mechanical contrivances, and apparatus attached or affixed on land or to another real property, shall transmit a copy of such permit or certificate within thirty (30) days of its issuance, to the assessor of the province, city or municipality where the property is situated. Sec211. Duty of Geodetic Engineers to Furnish Copy of Plans to Assessor. — It shall be the duty of all geodetic engineers, public or private, to furnish free of charge to the assessor of the province, city or municipality where the land is located with a white or blue print copy of each of all approved original or subdivision plans or maps of surveys executed by them within thirty (30) days from receipt of such plans from the Lands Management Bureau, the Land Registration Authority, or the Housing and Land Use Regulatory Board, as the case may be. Sec212. Preparation of Schedule of Fair Market Values. — Before any general revision of property assessment is made pursuant to the provisions of this Title, there shall be prepared a schedule of fair market values by the provincial, city and municipal assessor of the municipalities within the Metropolitan Manila Area for the different classes of real property situated in their respective local government units for enactment by ordinance of the sanggunian concerned. The schedule of fair market values shall be published in a newspaper of general circulation in the province, city or municipality concerned or in the absence thereof, shall be posted in the provincial capitol, city or municipal hall and in two other conspicuous public places therein. Sec213. Authority of Assessor to Take Evidence. — For the purpose of obtaining information on which to base the market value of any real property, the assessor of the province, city or municipality or his deputy may summon the owners of the properties to be affected or persons having legal interest therein and witnesses, administer oaths, and take deposition concerning the property, its ownership, amount, nature, and value. Sec214. Amendment of Schedule of Fair Market Values. — The provincial, city or municipal assessor may recommend to the sanggunian concerned amendments to correct errors in valuation in the schedule of fair market values. The sanggunian concerned shall, by ordinance, act upon the recommendation within ninety (90) days from receipt thereof.

CA VE AT:

- 238 -

Sec215. Classes of Real Property for Assessment Purposes. — For purposes of assessment, real property shall be classified as residential, agricultural, commercial, industrial, mineral, timberland or special. The city or municipality within the Metropolitan Manila Area, through their respective sanggunian, shall have the power to classify lands as residential, agricultural, commercial, industrial, mineral, timberland, or special in accordance with their zoning ordinances. Sec216. Special Classes of Real Property. — All lands, buildings, and other improvements thereon actually, directly and exclusively used for hospitals, cultural, or scientific purposes, and those owned and used by local water districts, and government-owned or controlled corporations rendering essential public services in the supply and distribution of water and/or generation and transmission of electric power shall be classified as special. Sec217. Actual Use of Real Property as Basis for Assessment. — Real property shall be classified, valued and assessed on the basis of its actual use regardless of where located, whoever owns it, and whoever uses it. Sec218. Assessment Levels. — The assessment levels to be applied to the fair market value of real property to determine its assessed value shall be fixed by ordinances of the sangguniang panlalawigan, sangguniang panlungsod or sangguniang bayan of a municipality within the Metropolitan Manila Area, at the rates not exceeding the following: (a) On Lands: CLASS ASSESSMENT LEVELS Residential 20% Agricultural 40% Commercial 50% Industrial 50% Mineral 50% Timberland 20% (b) On Buildings and Other Structures: (1) Residential Fair market Value Over Not Over Assessment Levels P175,000.00 P175,000.00 300,000.00 300,000.00 500,000.00 500,000.00 750,000.00 750,000.00 1,000,000.00 1,000,000.00 2,000,000.00 2,000,000.00 5,000,000.00 5,000,000.00 10,000,000.00 10,000,000.00 (2) Agricultural Fair Market Value Over Not Over P300,000.00

0% 10% 20% 25% 30% 35% 40% 50% 60% Assessment Levels 25%

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER P300,000.00 500,000.00 750,000.00 1,000,000.00

500,000.00 750,000.00 1,000,000.00 2,000,000.00 2,000,000.00 (3) Commercial / Industrial Fair Market Value Over Not Over

30% 35% 40% 45% 50% Assessment Levels

P300,000.00 30% 500,000.00 35% 750,000.00 40% 1,000,000.00 50% 2,000,000.00 60% 5,000,000.00 70% 10,000,000.00 75% 10,000,000.00 80% (4) Timberland Fair Market Value Over Not Over Assessment Levels P300,000.00 45% P300,000.00 500,000.00 50% 500,000.00 750,000.00 55% 750,000.00 1,000,000.00 60% 5,000,000.00 2,000,000.00 65% 2,000,000.00 70% (c) On Machineries Class Assessment Levels Agricultural 40% Residential 50% Commercial 80% Industrial 80% (d) On Special Classes: The assessment levels for all lands buildings, machineries and other improvements; Actual Use Assessment Level Cultural 15% Scientific 15% Hospital 15% Local water districts 10% Government-owned or controlled corporations engaged in the supply and distribution of water and/or generation and transmission of electric power 10% P300,000.00 500,000.00 750,000.00 1,000,000.00 2,000,000.00 5,000,000.00

Sec219. General Revision of Assessment and Property Classification. — The provincial, city or municipal assessor shall undertake a general revision of real property assessments within two (2) years after the effectivity of this Code and every three (3) years thereafter. Sec220. Valuation of Real Property. — In cases where (a) real property is declared and listed for taxation purposes for the first time; (b) there is an ongoing general revision of property classification and assessment; or (c) a request is made by the person in whose name the property is declared, the provincial,

CA VE AT:

- 239 city or municipal assessor or his duly authorized deputy shall, in accordance with the provisions of this Chapter, make a classification, appraisal and assessment or taxpayer's valuation thereon: Provided, however, That the assessment of real property shall not be increased oftener than once every three (3) years except in case of new improvements substantially increasing the value of said property or of any change in its actual use.

Sec221. Date of Effectivity of Assessment or Reassessment. — All assessments or reassessments made after the first (1st) day of January of any year shall take effect on the first (1st) day of January of the succeeding year: Provided, however, That the reassessment of real property due to its partial or total destruction, or to a major change in its actual use, or to any great and sudden inflation or deflation of real property values, or to the gross illegality of the assessment when made or to any other abnormal cause, shall be made within ninety (90) days from the date any such cause or causes occurred, and shall take effect at the beginning of the quarter next following the reassessment. Sec222. Assessment of Property Subject to Back Taxes. — Real property declared for the first time shall be assessed for taxes for the period during which it would have been liable but in no case of more than ten (10) years prior to the date of initial assessment: Provided, however, That such taxes shall be computed on the basis of the applicable schedule of values in force during the corresponding period. If such taxes are paid on or before the end of the quarter following the date the notice of assessment was received by the owner or his representative, no interest for delinquency shall be imposed thereon; otherwise, such taxes shall be subject to an interest at the rate of two percent (2%) per month or a fraction thereof from the date of the receipt of the assessment until such taxes are fully paid. Sec223. Notification of New or Revised Assessment. — When real property is assessed for the first time or when an existing assessment is increased or decreased, the provincial, city or municipal assessor shall within thirty (30) days give written notice of such new or revised assessment to the person in whose name the property is declared. The notice may be delivered personally or by registered mail or through the assistance of the punong barangay to the last known address of the person to be served. Sec224. Appraisal and Assessment of Machinery. — (a) The fair market value of a brand-new machinery shall be the acquisition cost. In all other cases, the fair market value shall be determined by dividing the remaining economic life of the machinery by its estimated economic life and multiplied by the replacement or reproduction cost. (b) If the machinery is imported, the acquisition cost includes freight, insurance, bank and other charges, brokerage, arrastre and handling, duties and taxes, plus charges at the present site. The cost in foreign currency of imported machinery shall be converted to peso cost on the basis of foreign currency exchange rates as fixed by the Central Bank.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Sec225. Depreciation Allowance for Machinery. — For purposes of assessment, a depreciation allowance shall be made for machinery at a rate not exceeding five percent (5%) of its original cost or its replacement or reproduction cost, as the case may be, for each year of use: Provided, however, That the remaining value for all kinds of machinery shall be fixed at not less than twenty percent (20%) of such original, replacement, or reproduction cost for so long as the machinery is useful and in operation. CHAPTER III: Assessment Appeals Sec226. Local Board of Assessment Appeals. — Any owner or person having legal interest in the property who is not satisfied with the action of the provincial, city or municipal assessor in the assessment of his property may, within sixty (60) days from the date of receipt of the written notice of assessment, appeal to the Board of Assessment Appeals of the provincial or city by filing a petition under oath in the form prescribed for the purpose, together with copies of the tax declarations and such affidavits or documents submitted in support of the appeal. Sec227. Organization, Powers, Duties, and Functions of the Local Board of Assessment Appeals. — (a) The Board of Assessment Appeals of the province or city shall be composed of the Registrar of Deeds, as Chairman, the provincial or city prosecutor and the provincial, or city engineer as members, who shall serve as such in an ex officio capacity without additional compensation. (b) The chairman of the Board shall have the power to designate any employee of the province or city to serve as secretary to the Board also without additional compensation. (c) The chairman and members of the Board of Assessment Appeals of the province or city shall assume their respective positions without need of further appointment or special designations immediately upon effectivity of this Code. They shall take oath or affirmation of office in the prescribed form. (d) In provinces and cities without a provincial or city engineer, the district engineer shall serve as member of the Board. In the absence of the Registrar of Deeds, or the provincial or city prosecutor, or the provincial or city engineer, or the district engineer, the persons performing their duties, whether in an acting capacity or as a duly designated officer-incharge, shall automatically become the chairman or member, respectively, of the said Board, as the case may be. Sec228. Meetings and Expenses of the Local Board of Assessment Appeals. (a) The Board of Assessment Appeals of the province or city shall meet once a month and as often as may be necessary for the prompt disposition of appealed cases. No member of the Board shall be entitled to per diems or traveling expenses for his attendance in Board meetings, except when conducting an ocular inspection in connection with a case under appeal. (b) All expenses of the Board shall be charged against the general fund of the province or city, as the case may be. The sanggunian concerned shall appropriate the necessary funds to

CA VE AT:

- 240 enable the Board in their respective localities to operate effectively. Sec229. Action by the Local Board of Assessment Appeals. — (a) The Board shall decide the appeal within one hundred twenty (120) days from the date of receipt of such appeal. The Board, after hearing, shall render its decision based on substantial evidence or such relevant evidence on record as a reasonable mind might accept as adequate to support the conclusion. (b) In the exercise of its appellate jurisdiction, the Board shall have the power to summon witnesses, administer oaths, conduct ocular inspection, take depositions, and issue subpoena and subpoena duces tecum. The proceedings of the Board shall be conducted solely for the purpose of ascertaining the facts without necessarily adhering to technical rules applicable in judicial proceedings. (c) The secretary of the Board shall furnish the owner of the property or the person having legal interest therein and the provincial or city assessor with a copy of the decision of the Board. In case the provincial or city assessor concurs in the revision or the assessment, it shall be his duty to notify the owner of the property or the person having legal interest therein of such fact using the form prescribed for the purpose. The owner of the property or the person having legal interest therein or the assessor who is not satisfied with the decision of the Board, may, within thirty (30) days after receipt of the decision of said Board, appeal to the Central Board of Assessment Appeals, as herein provided. The decision of the Central Board shall be final and executory. Sec230. Central Board of Assessment Appeals. — The Central Board of Assessment Appeals shall be composed of a chairman, and two (2) members to be appointed by the President, who shall serve for a term of seven (7) years, without reappointment. Of those first appointed, the chairman shall hold office for seven (7) years, one member for five (5) years, and the other member for three (3) years. Appointment to any vacancy shall be only for the unexpired portion of the term of the predecessor. In no case shall any member be appointed or designated in a temporary or acting capacity. The chairman and the members of the Board shall be Filipino citizens, at least forty (40) years old at the time of their appointment, and members of the Bar or Certified Public Accountants for at least ten (10) years immediately preceding their appointment. The chairman of the Board of Assessment Appeals shall have the salary grade equivalent to the rank of Director III under the Salary Standardization Law exclusive of allowances and other emoluments. The members of the Board shall have the salary grade equivalent to the rank of Director II under the Salary Standardization Law exclusive of allowances and other emoluments. The Board shall have appellate jurisdiction over all assessment cases decided by the Local Board of Assessment Appeals. There shall be Hearing Officers to be appointed by the Central Board of Assessment Appeals pursuant to civil service laws, rules and regulations, one each for Luzon, Visayas and Mindanao, who shall hold office in Manila, Cebu City and Cagayan de Oro City, respectively, and who shall serve for a term of six (6) years, without reappointment until their

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER successors have been appointed and qualified. The Hearing Officers shall have the same qualifications as that of the Judges of the Municipal Trial Courts. The Central Board Assessment Appeals, in the performance of its powers and duties, may establish and organize staffs, offices, units, prescribe the titles, functions and duties of their members and adopt its own rules and regulations. Unless otherwise provided by law, the annual appropriations for the Central Board of Assessment Appeals shall be included in the budget of the Department of Finance in the corresponding General Appropriations Act. Sec231. Effect of Appeal on the Payment of Real Property Tax. — Appeal on assessments of real property made under the provisions of this Code shall, in no case, suspend the collection of the corresponding realty taxes on the property involved as assessed by the provincial or city assessor, without prejudice to subsequent adjustment depending upon the final outcome of the appeal. CHAPTER IV: Imposition of Real Property Tax Sec232. Power to Levy Real Property Tax. — A province or city or a municipality within the Metropolitan Manila Area my levy an annual ad valorem tax on real property such as land, building, machinery, and other improvement not hereinafter specifically exempted. Sec233. Rates of Levy. — A province or city or a municipality within the Metropolitan Manila Area shall fix a uniform rate of basic real property tax applicable to their respective localities as follows: (a) In the case of a province, at the rate not exceeding one percent (1%) of the assessed value of real property; and (b) In the case of a city or a municipality within the Metropolitan Manila Area, at the rate not exceeding two percent (2%) of the assessed value of real property. Sec234. Exemptions from Real Property Tax. — The following are exempted from payment of the real property tax: (a) Real property owned by the Republic of the Philippines or any of its political subdivisions except when the beneficial use thereof has been granted, for consideration or otherwise, to a taxable person; (b) Charitable institutions, churches, parsonages or convents appurtenant thereto, mosques, non-profit or religious cemeteries and all lands, buildings, and improvements actually, directly, and exclusively used for religious, charitable or educational purposes; (c) All machineries and equipment that are actually, directly and exclusively used by local water districts and government owned or controlled corporations engaged in the supply and distribution of water and/or generation and transmission of electric power; (d) All real property owned by duly registered cooperatives as provided for under R.A. No. 6938; and (e) Machinery and equipment used for pollution control and environmental protection.

CA VE AT:

- 241 Except as provided herein, any exemption from payment of real property tax previously granted to, or presently enjoyed by, all persons, whether natural or juridical, including all governmentowned or controlled corporations are hereby withdrawn upon the effectivity of this Code.

CHAPTER V: Special Levies on Real Property Sec235. Additional Levy on Real Property for the Special Education Fund. — A province or city, or a municipality within the Metropolitan Manila Area, may levy and collect an annual tax of one percent (1%) on the assessed value of real property which shall be in addition to the basic real property tax. The proceeds thereof shall exclusively accrue to the Special Education Fund (SEF). Sec236. Additional Ad Valorem Tax on Idle Lands. — A province or city, or a municipality within the Metropolitan Manila Area, may levy an annual tax on idle lands at the rate not exceeding five percent (5%) of the assessed value of the property which shall be in addition to the basic real property tax. Sec237. Idle Lands, Coverage. — For purposes of real property taxation, idle lands shall include the following: (a) Agricultural lands, more than one (1) hectare in area, suitable for cultivation, dairying, inland fishery, and other agricultural uses, one-half (1/2) of which remain uncultivated or unimproved by the owner of the property or person having legal interest therein. Agricultural lands planted to permanent or perennial crops with at least fifty (50) trees to a hectare shall not be considered idle lands. Lands actually used for grazing purposes shall likewise not be considered idle lands. (b) Lands, other than agricultural, located in a city or municipality, more than one thousand (1,000) square meters in area one-half (1/2) of which remain unutilized or unimproved by the owner of the property or person having legal interest therein. Regardless of land area, this Section shall likewise apply to residential lots in subdivisions duly approved by proper authorities, the ownership of which has been transferred to individual owners, who shall be liable for the additional tax: Provided, however, That individual lots of such subdivisions, the ownership of which has not been transferred to the buyer shall be considered as part of the subdivision, and shall be subject to the additional tax payable by subdivision owner or operator. Sec238. Idle Lands Exempt from Tax. — A province or city or a municipality within the Metropolitan Manila Area may exempt idle lands from the additional levy by reason of force majeure, civil disturbance, natural calamity or any cause or circumstance which physically or legally prevents the owner of the property or person having legal interest therein from improving, utilizing or cultivating the same. Sec239. Listing of Idle Lands by the Assessor. — The provincial, city or municipal assessor shall make and keep an updated record of all idle lands located within his area of jurisdiction. For purposes of collection, the provincial, city or municipal assessor shall furnish a copy thereof to the provincial or city treasurer who shall notify, on the basis of such record, the

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER owner of the property or person having legal interest therein of the imposition of the additional tax. Sec240. Special Levy by Local Government Units. — A province, city or municipality may impose a special levy on the lands comprised within its territorial jurisdiction specially benefited by public works projects or improvements funded by the local government unit concerned: Provided, however, That the special levy shall not exceed sixty percent (60%) of the actual cost of such projects and improvements, including the costs of acquiring land and such other real property in connection therewith: Provided, further, That the special levy shall not apply to lands exempt from basic real property tax and the remainder of the land portions of which have been donated to the local government unit concerned for the construction of such projects or improvements. Sec241. Ordinance Imposing a Special Levy. — A tax ordinance imposing a special levy shall describe with reasonable accuracy the nature, extent, and location of the public works projects or improvements to be undertaken, state the estimated cost thereof, specify the metes and bounds by monuments and lines and the number of annual installments for the payment of the special levy which in no case shall be less than five (5) nor more than ten (10) years. The sanggunian concerned shall not be obliged, in the apportionment and computation of the special levy, to establish a uniform percentage of all lands subject to the payment of the tax for the entire district, but it may fix different rates for different parts or sections thereof, depending on whether such land is more or less benefited by proposed work. Sec242. Publication of Proposed Ordinance Imposing a Special Levy. — Before the enactment of an ordinance imposing a special levy, the sanggunian concerned shall conduct a public hearing thereon; notify in writing the owners of the real property to be affected or the persons having legal interest therein as to the date and place thereof and afford the latter the opportunity to express their positions or objections relative to the proposed ordinance. Sec243. Fixing the Amount of Special Levy. — The special levy authorized herein shall be apportioned, computed, and assessed according to the assessed valuation of the lands affected as shown by the books of the assessor concerned, or its current assessed value as fixed by said assessor if the property does not appear of record in his books. Upon the effectivity of the ordinance imposing special levy, the assessor concerned shall forthwith proceed to determine the annual amount of special levy assessed against each parcel of land comprised within the area especially benefited and shall send to each landowner a written notice thereof by mail, personal service or publication in appropriate cases. Sec244. Taxpayer's Remedies Against Special Levy. — Any owner of real property affected by a special levy or any person having a legal interest therein may, upon receipt of the written notice of assessment of the special levy, avail of the remedies provided for in Chapter 3, Title Two, Book II of this Code.

CA VE AT:

- 242 -

Sec245. Accrual of Special Levy. — The special levy shall accrue on the first day of the quarter next following the effectivity of the ordinance imposing such levy. CHAPTER VI: Collection of Real Property Tax Sec246. Date of Accrual of Tax. — The real property tax for any year shall accrue on the first day of January and from that date it shall constitute a lien on the property which shall be superior to any other lien, mortgage, or encumbrance of any kind whatsoever, and shall be extinguished only upon the payment of the delinquent tax. Sec247. Collection of Tax. — The collection of the real property tax with interest thereon and related expenses, and the enforcement of the remedies provided for in this Title or any applicable laws, shall be the responsibility of the city or municipal treasurer concerned. The city or municipal treasurer may deputize the barangay treasurer to collect all taxes on real property located in the barangay: Provided, That the barangay treasurer is properly bonded for the purpose: Provided, further, That the premium on the bond shall be paid by the city or municipal government concerned. Sec248. Assessor to Furnish Local Treasurer with Assessment Roll. — The provincial, city or municipal assessor shall prepare and submit to the treasurer of the local government unit, on or before the thirty-first (31st) day of December each year, an assessment roll containing a list of all persons whose real properties have been newly assessed or reassessed and the values of such properties. Sec249. Notice of Time for Collection of Tax. — The city or municipal treasurer shall, on or before the thirty-first (31st) day of January each year, in the case of the basic real property tax and the additional tax for the Special Education Fund (SEF) or any other date to be prescribed by the sanggunian concerned in the case of any other tax levied under this title, post the notice of the dates when the tax may be paid without interest at a conspicuous and publicly accessible place at the city or municipal hall. Said notice shall likewise be published in a newspaper of general circulation in the locality once a week for two (2) consecutive weeks. Sec250. Payment of Real Property Taxes in Installments. — The owner of the real property or the person having legal interest therein may pay the basic real property tax and the additional tax for Special Education Fund (SEF) due thereon without interest in four (4) equal installments; the first installment to be due and payable on or before March Thirty-first (31st); the second installment, on or before June Thirty (30); the third installment, on or before September Thirty (30); and the last installment on or before December Thirty-first (31st), except the special levy the payment of which shall be governed by ordinance of the sanggunian concerned.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER The date for the payment of any other tax imposed under this Title without interest shall be prescribed by the sanggunian concerned. Payments of real property taxes shall first be applied to prior years delinquencies, interests, and penalties, if any, and only after said delinquencies are settled may tax payments be credited for the current period. Sec251. Tax Discount for Advanced Prompt Payment. — If the basic real property tax and the additional tax accruing to the Special Education Fund (SEF) are paid in advance in accordance with the prescribed schedule of payment as provided under Section 250, the sanggunian concerned may grant a discount not exceeding twenty percent (20%) of the annual tax due. Sec252. Payment Under Protest. — (a) No protest shall be entertained unless the taxpayer first pays the tax. There shall be annotated on the tax receipts the words "paid under protest". The protest in writing must be filed within thirty (30) days from payment of the tax to the provincial, city treasurer or municipal treasurer, in the case of a municipality within Metropolitan Manila Area, who shall decide the protest within sixty (60) days from receipt. (b) The tax or a portion thereof paid under protest, shall be held in trust by the treasurer concerned. (c) In the event that the protest is finally decided in favor of the taxpayer, the amount or portion of the tax protested shall be refunded to the protestant, or applied as tax credit against his existing or future tax liability. (d) In the event that the protest is denied or upon the lapse of the sixty day period prescribed in subparagraph (a), the taxpayer may avail of the remedies as provided for in Chapter 3, Title II, Book II of this Code. Sec253. Repayment of Excessive Collections. — When an assessment of basic real property tax, or any other tax levied under this Title, is found to be illegal or erroneous and the tax is accordingly reduced or adjusted, the taxpayer may file a written claim for refund or credit for taxes and interests with the provincial or city treasurer within two (2) years from the date the taxpayer is entitled to such reduction or adjustment. The provincial or city treasurer shall decide the claim for tax refund or credit within sixty (60) days from receipt thereof. In case the claim for tax refund or credit is denied, the taxpayer may avail of the remedies as provided in Chapter 3, Title II, Book II of this Code. Sec254. Notice of Delinquency in the Payment of the Real Property Tax. — (a) When the real property tax or any other tax imposed under this Title becomes delinquent, the provincial, city or municipal treasurer shall immediately cause a notice of the delinquency to be posted at the main hall and in a publicly accessible and conspicuous place in each barangay of the local government unit concerned. The notice of delinquency shall also be published once a week for two (2) consecutive weeks, in a

CA VE AT:

- 243 newspaper of general circulation in the province, city, or municipality. (b) Such notice shall specify the date upon which the tax became delinquent and shall state that personal property may be distrained to effect payment. It shall likewise state that any time before the distraint of personal property, payment of the tax with surcharges, interests and penalties may be made in accordance with the next following Section, and unless the tax, surcharges and penalties are paid before the expiration of the year for which the tax is due except when the notice of assessment or special levy is contested administratively or judicially pursuant to the provisions of Chapter 3, Title II, Book II of this Code, the delinquent real property will be sold at public auction, and the title to the property will be vested in the purchaser, subject, however, to the right of the delinquent owner of the property or any person having legal interest therein to redeem the property within one (1) year from the date of sale.

Sec255. Interests on Unpaid Real Property Tax. — In case of failure to pay the basic real property tax or any other tax levied under this Title upon the expiration of the periods as provided in Section 250, or when due, as the case may be, shall subject the taxpayer to the payment of interest at the rate of two percent (2%) per month on the unpaid amount or a fraction thereof, until the delinquent tax shall have been fully paid: Provided, however, That in no case shall the total interest on the unpaid tax or portion thereof exceed thirty-six (36) months. Sec256. Remedies For The Collection Of Real Property Tax. — For the collection of the basic real property tax and any other tax levied under this Title, the local government unit concerned may avail of the remedies by administrative action thru levy on real property or by judicial action. Sec257. Local Governments Lien. — The basic real property tax and any other tax levied under this Title constitutes a lien on the property subject to tax, superior to all liens, charges or encumbrances in favor of any person, irrespective of the owner or possessor thereof, enforceable by administrative or judicial action, and may only be extinguished upon payment of the tax and the related interests and expenses. Sec258. Levy on Real Property. — After the expiration of the time required to pay the basic real property tax or any other tax levied under this Title, real property subject to such tax may be levied upon through the issuance of a warrant on or before, or simultaneously with, the institution of the civil action for the collection of the delinquent tax. The provincial or city treasurer, or a treasurer of a municipality within the Metropolitan Manila Area, as the case may be, when issuing a warrant of levy shall prepare a duly authenticated certificate showing the name of the delinquent owner of the property or person having legal interest therein, the description of the property, the amount of the tax due and the interest thereon. The warrant shall operate with the force of a legal execution throughout the province, city or a municipality, within the Metropolitan Manila Area. The warrant shall be mailed to or served upon the delinquent owner of the real property or person having legal interest therein, or in case

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER he is out of the country or cannot be located, the administrator or occupant of the property. At the same time, written notice of the levy with the attached warrant shall be mailed to or served upon the assessor and the Registrar of Deeds of the province, city or municipality within the Metropolitan Manila Area where the property is located, who shall annotate the levy on the tax declaration and certificate of title of the property, respectively. The levying officer shall submit a report on the levy to the sanggunian concerned within ten (10) days after receipt of the warrant by the owner of the property or person having legal interest therein. Sec259. Penalty for Failure to Issue and Execute Warrant. — Without prejudice to criminal prosecution under the Revised Penal Code and other applicable laws, any local treasurer or his deputy who fails to issue or execute the warrant of levy within one (1) year from the time the tax becomes delinquent or within thirty (30) days from the date of the issuance thereof, or who is found guilty of abusing the exercise thereof in an administrative or judicial proceeding shall be dismissed from the service Sec260. Advertisement and Sale. — Within thirty (30) days after service of the warrant of levy, the local treasurer shall proceed to publicly advertise for sale or auction the property or a usable portion thereof as may be necessary to satisfy the tax delinquency and expenses of sale. The advertisement shall be effected by posting a notice at the main entrance of the provincial, city or municipal building, and in a publicly accessible and conspicuous place in the barangay where the real property is located, and by publication once a week for two (2) weeks in a newspaper of general circulation in the province, city or municipality where the property is located. The advertisement shall specify the amount of the delinquent tax, the interest due thereon and expenses of sale, the date and place of sale, the name of the owner of the real property or person having legal interest therein, and a description of the property to be sold. At any time before the date fixed for the sale, the owner of the real property or person havi legal interest therein may stay the proceedings by paying the delinquent tax, the interest due thereon and the expenses of sale. The sale shall be held either at the main entrance of the provincial, city or municipal building, or on the property to be sold, or at any other place as specified in the notice of the sale. Within thirty (30) days after the sale, the local treasurer or his deputy shall make a report of the sale to the sanggunian concerned, and which shall form part of his records. The local treasurer shall likewise prepare and deliver to the purchaser a certificate of sale which shall contain the name of the purchaser, a description of the property sold, the amount of the delinquent tax, the interest due thereon, the expenses of sale and a brief description of the proceedings: Provided, however, That proceeds of the sale in excess of the delinquent tax, the interest due thereon, and the expenses of sale shall be remitted to the owner of the real property or person having legal interest therein. The local treasurer may, by ordinance duly approved, advance an amount sufficient to defray the costs of collection thru the

CA VE AT:

- 244 remedies provided for in this Title, including the expenses of advertisement and sale.

Sec261. Redemption of Property Sold. — Within one (1) year from the date of sale, the owner of the delinquent real property or person having legal interest therein, or his representative, shall have the right to redeem the property upon payment to the local treasurer of the amount of the delinquent tax, including the interest due thereon, and the expenses of sale from the date of delinquency to the date of sale, plus interest of not more than two percent (2%) per month on the purchase price from the date of sale to the date of redemption. Such payment shall invalidate the certificate of sale issued to the purchaser and the owner of the delinquent real property or person having legal interest therein shall be entitled to a certificate of redemption which shall be issued by the local treasurer or his deputy. From the date of sale until the expiration of the period of redemption, the delinquent real property shall remain in possession of the owner or person having legal interest therein who shall be entitled to the income and other fruits thereof. The local treasurer or his deputy, upon receipt from the purchaser of the certificate of sale, shall forthwith return to the latter the entire amount paid by him plus interest of not more than two percent (2%) per month. Thereafter, the property shall be free from lien of such delinquent tax, interest due thereon and expenses of sale. Sec262. Final Deed to Purchaser. — In case the owner or person having legal interest fails to redeem the delinquent property as provided herein, the local treasurer shall execute a deed conveying to the purchaser said property, free from lien of the delinquent tax, interest due thereon and expenses of sale. The deed shall briefly state the proceedings upon which the validity of the sale rests. Sec263. Purchase of Property By the Local Government Units for Want of Bidder. — In case there is no bidder for the real property advertised for sale as provided herein, the real property tax and the related interest and costs of sale the local treasurer conducting the sale shall purchase the property in behalf of the local government unit concerned to satisfy the claim and within two (2) days thereafter shall make a report of his proceedings which shall be reflected upon the records of his office. It shall be the duty of the Registrar of Deeds concerned upon registration with his office of any such declaration of forfeiture to transfer the title of the forfeited property to the local government unit concerned without the necessity of an order from a competent court. Within one (1) year from the date of such forfeiture, the taxpayer or any of his representative, may redeem the property by paying to the local treasurer the full amount of the real property tax and the related interest and the costs of sale. If the property is not redeemed as provided herein, the ownership thereof shall be vested on the local government unit concerned. Sec264. Resale of Real Estate Taken for Taxes, Fees, or Charges. — The sanggunian concerned may, by ordinance duly approved, and upon notice of not less than twenty (20) days,

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER sell and dispose of the real property acquired under the preceding section at public auction. The proceeds of the sale shall accrue to the general fund of the local government unit concerned. Sec265. Further Distraint or Levy. — Levy may be repeated if necessary until the full amount due, including all expenses, is collected. Sec266. Collection of Real Property Tax Through the Courts. — The local government unit concerned may enforce the collection of the basic real property tax or any other tax levied under this Title by civil action in any court of competent jurisdiction. The civil action shall be filed by the local treasurer within the period prescribed in Section 270 of this Code. Sec267. Action Assailing Validity of Tax Sale. — No court shall entertain any action assailing the validity or any sale at public auction of real property or rights therein under this Title until the taxpayer shall have deposited with the court the amount for which the real property was sold, together with interest of two percent (2%) per month from the date of sale to the time of the institution of the action. The amount so deposited shall be paid to the purchaser at the auction sale if the deed is declared invalid but it shall be returned to the depositor if the action fails. Neither shall any court declare a sale at public auction invalid by reason or irregularities or informalities in the proceedings unless the substantive rights of the delinquent owner of the real property or the person having legal interest therein have been impaired. Sec268. Payment of Delinquent Taxes on Property Subject of Controversy. — In any action involving the ownership or possession of, or succession to, real property, the court may, motu propio or upon representation of the provincial, city, or municipal treasurer or his deputy, award such ownership, possession, or succession to any party to the action upon payment to the court of the taxes with interest due on the property and all other costs that may have accrued, subject to the final outcome of the action. Sec269. Treasurer to Certify Delinquencies Remaining Uncollected. — The provincial, city or municipal treasurer or their deputies shall prepare a certified list of all real property tax delinquencies which remained uncollected or unpaid for at least one (1) year in his jurisdiction, and a statement of the reason or reasons for such non-collection or non-payment, and shall submit the same to the sanggunian concerned on or before December thirty-first (31st) of the year immediately succeeding the year in which the delinquencies were incurred, with a request for assistance in the enforcement of the remedies for collection provided herein. Sec270. Periods Within Which To Collect Real Property Taxes. — The basic real property tax and any other tax levied under this Title shall be collected within five (5) years from the date they become due. No action for the collection of the tax, whether administrative or judicial, shall be instituted after the expiration

CA VE AT:

- 245 of such period. In case of fraud or intent to evade payment of the tax, such action may be instituted for the collection of the same within ten (10) years from the discovery of such fraud or intent to evade payment. The period of prescription within which to collect shall be suspended for the time during which: (1) The local treasurer is legally prevented from collecting the tax; (2) The owner of the property or the person having legal interest therein requests for reinvestigation and executes a waiver in writing before the expiration of the period within which to collect; and (3) The owner of the property or the person having legal interest therein is out of the country or otherwise cannot be located.

CHAPTER VII: Disposition of Proceeds Sec271. Distribution of Proceeds. — The proceeds of the basic real property tax, including interest thereon, and proceeds from the use, lease or disposition, sale or redemption of property acquired at a public auction in accordance with the provisions of this Title by the province or city or a municipality within the Metropolitan Manila Area shall be distributed as follows: (a) In the case of provinces: (1) Province — Thirty-five percent (35%) shall accrue to the general fund; (2) Municipality — Forty percent (40%) to the general fund of the municipality where the property is located; and (3) Barangay — Twenty-five percent (25%) shall accrue to the barangay where the property is located. (b) In the case of cities: (1) City — Seventy percent (70%) shall accrue to the general fund of the city; and (2) Thirty percent (30%) shall be distributed among the component barangays of the cities where the property is located in the following manner: (i) Fifty percent (50%) shall accrue to the barangay where the property is located; (ii) Fifty percent (50%) shall accrue equally to all component barangays of the city; and (c) In the case of a municipality within the Metropolitan Manila Area: (1) Metropolitan Manila Authority — Thirty-five percent (35%) shall accrue to the general fund of the authority; (2) Municipality — Thirty-five percent (35% shall accrue to the general fund of the municipality where the property is located; (3) Barangays — Thirty percent (30%) shall be distributed among the component barangays of the municipality where the property is located in the following manner: (i) Fifty percent (50%) shall accrue to the barangay where the property is located; (ii) Fifty percent (50%) shall accrue equally to all component barangays of the municipality. (d) The share of each barangay shall be released, without need of any further action, directly to the barangay treasurer on a quarterly basis within five (5) days after the end

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER of each quarter and shall not be subject to any lien or holdback for whatever purpose. Sec272. Application of Proceeds of the Additional One Percent SEF Tax. — The proceeds from the additional one percent (1%) tax on real property accruing to the Special Education Fund (SEF) shall be automatically released to the local school boards: Provided, That, in case of provinces, the proceeds shall be divided equally between the provincial and municipal school boards: Provided, however, That the proceeds shall be allocated for the operation and maintenance of public schools, construction and repair of school buildings, facilities and equipment, educational research, purchase of books and periodicals, and sports development as determined and approved by the Local School Board. Sec273. Proceeds of the Tax on Idle Lands. — The proceeds of the additional real property tax on idle lands shall accrue to the respective general fund of the province or city where the land is located. In the case of a municipality within the Metropolitan Manila Area, the proceeds shall accrue equally to the Metropolitan Manila Authority and the municipality where the land is located. Sec274. Proceeds of the Special Levy. — The proceeds of the special levy on lands benefited by public works, projects and other improvements shall accrue to the general fund of the local government unit which financed such public works, projects or other improvements. CHAPTER VIII: Special Provisions Sec275. General Assessment Revision; Expenses Incident Thereto. — The sanggunian of provinces, cities and municipalities within the Metropolitan Manila Area shall provide the necessary appropriations to defray the expenses incident to the general revision of real property assessment. All expenses incident to a general revision of real property assessment shall, by ordinance of the sangguniang panlalawigan, be apportioned between the province and the municipality on the basis of the taxable area of the municipality concerned. Sec276. Condonation or Reduction of Real Property Tax and Interest. — In case of a general failure of crops or substantial decrease in the price of agricultural or agribased products, or calamity in any province, city or municipality, the sanggunian concerned, by ordinance passed prior to the first (1st) day of January of any year and upon recommendation of the Local Disaster Coordinating Council, may condone or reduce, wholly or partially, the taxes and interest thereon for the succeeding year or years in the city or municipality affected by the calamity. Sec277. Condonation or Reduction of Tax by the President of the Philippines. — The President of the Philippines may, when public interest so requires, condone or reduce the real property tax and interest for any year in any province or city or a municipality within the Metropolitan Manila Area.

- 246 Sec278. Duty of Registrar of Deeds and Notaries Public to Assist the Provincial, City or Municipal Assessor. — It shall be the duty of the Registrar of Deeds and notaries public to furnish the provincial, city or municipal assessor with copies of all contracts selling, transferring, or otherwise conveying, leasing, or mortgaging real property received by, or acknowledged before them. Sec279. Insurance Companies to Furnish Information. — Insurance companies are hereby required to furnish the provincial, city or municipal assessor copies of any contract or policy insurance on buildings, structures, and improvements insured by them or such other documents which may be necessary for the proper assessment thereof. Sec280. Fees in Court Actions. — All court actions, criminal or civil, instituted at the instance of the provincial, city or municipal treasurer or assessor under the provisions of this Code, shall be exempt from the payment of court and sheriff's fees. Sec281. Fees in Registration of Papers or Documents on Sale of Delinquent Real Property to Province, City or Municipality. — All certificates, documents, and papers covering the sale of delinquent property to the province, city or municipality, if registered in the Registry of Property, shall be exempt from the documentary stamp tax and registration fees. Sec282. Real Property Assessment Notices or Owner's Copies of Tax Declarations to be Exempt from Postal Charges or Fees. — All real property assessment notices or owner's copies of tax declaration sent through the mails by the assessor shall be exempt from the payment of postal charges or fees. Sec283. Sale and Forfeiture Before Effectivity of Code. — Tax delinquencies incurred, and sales and forfeitures of delinquent real property effected, before the effectivity of this Code shall be governed by the provisions of applicable laws then in force Benguet Corp. v. Central Board of Assessment Appeals (1992) Realty taxes are national taxes collected by LGUs. While LGU’s are charged with fixing the rate of real property taxes, it does not necessarily follow from that authority the determination of whether or not to impose the tax. In fact, LGU’s have no alternative but to collect taxes as mandated in Sec. 38 of the Real Property Tax Code. It is thus clear that it is the national government, expressing itself through the legislative branch, that levies the real property tax. Consequently, when LGU’s are required to fix the rates, they are merely constituted as agents of the national government in the enforcement of the Real Property Tax Code. The delegation of taxing power is not even involved here because the national government has already imposed realty tax in Sec. 38 leaving only the enforcement to be done LGU’s. From class notes:

CA VE AT:

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Real property tax is a national tax. – still good law? Yes.

National Development Corp. v. Cebu City (1992) NDC is exempt from the payment of real estate taxes on the land. To come within the ambit of the exemption, it is important to establish that the property is owned by the government or by its unincorporated agency. Once government ownership is determined, the nature of the use of the property, whether for proprietary or sovereign purposes, becomes immaterial. However in CAB, what appears to have been ceded to NDC is merely the administration of the property while the government retains ownership of what has been declared reserved for warehousing purposes under the proclamation.

- 247 taxpayers with regard to questions on the legality of a tax ordinance. Ordinance 7905 affects the resulting tax imposed on the market values of real properties specified in Ordinance 7894. This has rendered the petition moot and academic for failure to amend cause of action. The facts upon which the petition was anchored no longer exist because the tax rates in Ordinance 7894 have been amended, or impliedly repealed by Ordinance 7905. Ordinance 7905 is favourable to the taxpayers when it specifically states that the reduced assessment levels shall be applied retroactively. The reduced assessment levels resulted to decrease in taxes. To that extent, the ordinance is likewise, a social legislation intended to soften the impact of the tremendous increase in the value of the real properties subject to tax. In enacting this ordinance, the due process of law was considered by the City of Manila so that the increase in realty tax will not amount to the confiscation of the property.

As reserved land (public land that has been withheld and kept back from sale or disposition), it remains absolute property of the government, because the government does not part with its title by reserving them, but simply gives notice to all that it desires them for a certain purpose. As its title remains with the Republic, the reserved land is covered by the tax exemption provision.

From class notes: Difference between 226 and 252: 226 – refers to assessment; there is no tax yet 252 – tax is excessive; later in the process, one protests the tax Lopez should have amended complaint

NDC is not exempt from the payment of real estate taxes on the warehouse.

Callanta v. Office of the Ombudsman (1998)

A different rule applies because “the exemption of public property from taxation does not extend to improvements on the public lands made by preemptioners, homesteaders and other claimants at their own expense, and these are taxable by the state…(CJS)”. Consequently, warehouse constructed on the reserved land by NDC should properly be assessed real estate tax as such improvement does not appear to belong to the Republic. From class notes: May LGU impose franchise tax on all GOCCs? Yes, unless the gov’t provides for a law giving exemption.

Lopez v. City of Manila (1999) Manila Ordinance 7894 taxed the land owned by Lopez to an increased 580% value, and as to the improvement, by 250%. So Lopez filed an action in court to annul the ordinance. Later, Ordinance 7905 took effect – reducing by 50% the assessment levels for computation of tax due, amending those provided by of Ordinance 7894. It also provides that the amendment will have retroactive effect. The new ordinance reduced the tax increase on Lopez’s properties. Held: There was failure to exhaust administrative remedies. Sec187, 226 and 252 of LGC provides for the remedies to the

CA VE AT:

A general revision of assessment was conducted by the Cebu City Assessor’s Office. Notices of assessment together with the new tax declarations were sent to the property owners. Thereafter, Callanta et. Al., without the authority of the Local Board of Assessment Appeals, reassessed the values of certain properties, resulting in the reduction of assessed values of the properties. Criminal and administrative charges were then filed against Callanta and co. Held: The aggrieved owners should have brought their appeals before the LBAA. Despite the advice to this effect contained in their respective notices of assessment, the owners chose to bring their requests for a review/readjustment before the city assessor, a remedy not sanctioned by the law. If this practice was allowed, a tendency to overvalue initially and thereafter to reduce the increases upon “request” of the property owner would occur. To avoid this dubious, suspicious, bribable and compromising situation, the law itself specifically provided an appellate body — the LBAA — before which property owners may seek relief. While PD 464 requires the local assessor to certify to the finance secretary that the general revision has been finished, such certification is, however, not the operative act for the effectivity of the new assessments. An assessment fixes and determines the tax liability of a taxpayer. As soon as it is served, an obligation arises on the part of the

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER taxpayer concerned to pay the amount assessed and demanded. Thus, with respect to real property taxes, the obligation to pay arises on the first day of January of the year following the assessment. Corollarily, on the same date, the right of the local government to collect said taxes also arises. And where the taxpayer fails to question such assessment within the reglementary period provided by law, the local government’s right becomes absolute upon the expiration of such period with respect to that taxpayer’s property. In the CAB, there is thus injury or prejudice to the city gov’t. Ty v. Trampe (1995) Assessor sent a notice of assessment respecting certain real properties of petitioners. Later, petitioners filed a petition to declare null and void the new tax assessments and to enjoin collection of real estate taxes based on said assessments. Held: PD 921 and RA 7160 are not co-extensive and mutually inclusive in their scope and purpose. While RA 7160 covers almost all governmental functions delegated to LGUs all over the country, PD 921 embraces only the Metropolitan Manila area and is limited to the administration of financial services therein, especially the assessment and collection of real estate (and some other local) taxes. By reading together and harmonizing the 2 provisions of the 2 laws, we arrive at the ff. steps in the preparation of the schedule of market values: •

The assessor in each municipality or city in the Metropolitan Mla. Area shall prepare his/her proposed schedule of values (Sec. 212, RA 7160). • The Local Treasury and Assessment District shall meet (Sec. 9, PD 921). In this meeting, the different assessors shall compare their individual assessments, discuss and thereafter jointly agree and produce a schedule of values for their district. • The schedule jointly agreed upon by the assessors shall then be published in a newspaper of general circulation and submitted to the sanggunian concerned for enactment by ordinance (Sec. 212, RA 7160). Hence, the schedule of values prepared solely by the municipal assessor is illegal and void. MCIAA v. Marcos (1996) MCIAA is mandated to control, manage and supervise the Mactan International Airport and other airports in Cebu. City Treasurer demanded payment for realty taxes on lands belonging to MCIAA. Petitioner claimed in its favor the provision in its charter which exempts it from payment of realty taxes. It also claimed that it is an instrumentality of the government performing governmental functions, citing Sec. 133 of LGC. Held: Reading together Secs. 133, 232 and 234 of the LGC, we conclude that:

CA VE AT:

- 248 -

Gen. Rule: The taxing powers of LGUs cannot extend to the levy of “taxes, fees and charges of any kind on the National Government, its agencies and instrumentalities, and LGUs.” (Sec. 133) However, provinces, cities and municipalities in the Metropolitan Mla. Area may impose the real property tax except on “real property owned by the Republic of the Philippines or any of its political subdivisions (Sec. 232), except when the beneficial use thereof has been granted, for consideration or otherwise, to a taxable person.” (Sec. 234) As to tax exemptions or incentives granted to or presently enjoyed by natural or judicial persons, including GOCCS, Gen. Rule: They are withdrawn upon the effectivity of the LGC, except those granted to local water districts, cooperatives duly registered under RA 6938, non-stock and non-profit hospitals and educational institutions, and unless otherwise provided in the LGC. “Unless otherwise provided in the LGC” could refer to Sec. 234, which enumerates the properties exempt from real property tax. But the last para. of Sec. 234 further qualifies the retention of the exemption insofar as real property taxes are concerned by limiting the retention only to those enumerated herein; all others not included in the enumeration lost the privilege upon the effectivity of the LGC. But even as to real property owned by the Republic or any of its political subdivisions covered by item (a) of the first paragraph of Section 234, the exemption is withdrawn if the beneficial use of such property has been granted to a taxable person for consideration or otherwise. MCIAA is a GOCC. It necessarily follows that its exemption from real property tax granted it in its Charter has been withdrawn. As to MCIAA’s contention that it is an instrumentality of the gov’t, it fails to consider the fact that the legislature used the phrase "National Government, its agencies and instrumentalities" in Section 133(o), but only the phrase "Republic of the Philippines or any of its political subdivisions" in Section 234(a). “Republic of the Philippines” is a broader term. It is clear that Congress did not wish to expand the scope of the exemption in Section 234(a) to include real property owned by other instrumentalities or agencies of the government including GOCCs. Also, the parcels of land in this case do not belong to the Republic whose beneficial use has been granted to MCIAA. This "transfer" is actually an absolute conveyance of the ownership thereof because the petitioner's authorized capital stock consists of "the value of such real estate owned and/or administered by the airports." Hence, the petitioner is now the owner of the land and the exception in Sec. 234(c) of the LGC is inapplicable.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER From class notes: Paranaque can levy on or auction off NAIA properties (including the airport runway) for the payment of its tax liabilities, applying the Mactan case.

- 249 Unlike public roads which are open for use by everyone, the LRT is accessible only to those who pay the required fare. The LRTA does not exist solely for public service, and the LRT carriageways and terminal stations are not exclusively for public use. Although LRTA is a public utility, it is nonetheless profit-earning. It actually uses those carriageways and terminal stations in its public utility business and earns money therefrom.

NAPOCOR V. Lanao del Sur(1996) Considering the entire chain of events, it is clear that petitioner's tax exemptions for the period in question had effectively been preserved intact by virtue of their restoration through FIRB resolutions. The Real Property Tax Code, PD 464, as amended, expressly exempts them from such tax. The properties in question comprise the site of the entire Hydroelectric Power Plant Complex, which supplies relatively cheap electricity to Mindanao. These are government properties, wholly owned by petitioner and devoted directly and solely for public service and utilized in the implementation of the state policy of bringing about the total electrification of the country at the least cost to the public. It can be noted, from the relevant laws, that petitioner's non-profit character has been maintained throughout its existence, and that petitioner is mandated to devote all its returns from capital investment and excess revenues from operations to its expansion. On account thereof, and to enable petitioner to pay its indebtedness and obligations and in furtherance of the state policy on electrification and power generation, petitioner has always been exempted from taxes. The assessment and levy on as well as the sale of the properties of petitioner were null and void for having been made in violation of PD 938 and the Real Property Tax Code.

Even granting that the national government indeed owns the carriageways and terminal stations, the exemption would not apply because their beneficial use has been granted to petitioner, a taxable entity.

Philreca v. Secretary (2003) Sec. 193 and 234 of the LGC, giving tax exemptions to coops under RA 6938, are constitutional and not violative of equal protection. Substantial distinctions exist between coops under PD 269 and those under RA 6938:

Capital contribution members

Extent of control coops

by

gov’t over

The power to sell at public auction is premised on the real property tax or any portion thereof first becoming delinquent. The properties in this case being exempt from payment of realty taxes, no such delinquency was possible to begin with.

Coops under PD 269 Nowhere in PD 269 does it require coops to make equitable contributions to capital. PD 269 is replete with provisions which grant the NEA, upon the happening of certain events, the power to control and take over the management and operations of coops registered under it.

LRTA v. Central Board of Assessment Appeals (2000) Though the creation of the LRTA was impelled by public service its operation partakes of ordinary business. LRTA is clothed with corporate status and corporate powers in the furtherance of its proprietary objectives. Given that it is engaged in a serviceoriented commercial endeavor, its carriageways and terminal stations are patrimonial property subject to tax, notwithstanding its claim of being a GOCC. While LRTA’s carriageways and terminal stations are anchored at certain points on public roads, these structures do not form part of such roads, since the former have been constructed over the latter in such a way that the flow of vehicular traffic would not be impeded.

CA VE AT:

Coops under RA 6938 Members must make equitable contributions to the capital required. Under the Act, the State shall maintain the policy of noninterference in the management and operation of the cooperatives (principle of subsidiarity). Coops envisioned to be self-sufficient and independent organizations with minimal government intervention or regulation.

The intention of the law is to broaden the tax base of LGUs to assure them of substantial sources of revenue. Violations of tax ordinances Sec516. Penalties for Violation of Tax Ordinances. — The sanggunian of a local government unit is authorized to prescribe fines or other penalties for violation of tax ordinances but in no case shall such fines be less than One thousand pesos (P1,000.00) nor more than Five thousand pesos (P5,000.00),

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER nor shall imprisonment be less than one (1) month nor more than six (6) months. Such fine or other penalty, or both, shall be imposed at the discretion of the court. The sangguniang barangay may prescribe a fine of not less than One hundred pesos (P100.00) nor more than One thousand pesos (P1,000.00). Sec517. Omission of Property from Assessment or Tax Rolls by Officers and Other Acts. — Any officer charged with the duty of assessing real property who willfully fails to assess, or who intentionally omits from the assessment or tax roll any real property which he knows to be taxable, or who willfully or negligently under assesses any real property, or who intentionally violates or fails to perform any duty imposed upon him by law relating to the assessment of taxable real property shall, upon conviction, be punished by a fine of not less than One thousand pesos (P1,000.00) nor more than Five thousand pesos (P5,000.00), or by imprisonment of not less than one (1) month nor more than six (6) months, or both such fine and imprisonment, at the discretion of the court. The same penalty shall be imposed upon any officer charged with the duty of collecting the tax due on real property who willfully or negligently fails to collect the tax and institute the necessary proceedings for the collection of the same. Any other officer required by this Code to perform acts relating to the administration of the real property tax or to assist the assessor or treasurer in such administration, who willfully fails to discharge such duties shall, upon conviction be punished by a fine of not less than Five hundred pesos (P500.00) nor more than Five thousand pesos (P5,000.00) or imprisonment of not less than one (1) month nor more than six (6) months, or both such fine and imprisonment, at the discretion of the court. Sec518. Government Agents Delaying Assessment of Real Property and Assessment Appeals. — Any government official who intentionally and deliberately delays the assessment of real property or the filing of any appeal against its assessment shall, upon conviction, be punished by a fine of not less than Five hundred pesos (P500.00) nor more than Five thousand pesos (P5,000.00), or by imprisonment of not less than one (1) month nor more than six (6) months, or both such fine and imprisonment, at the discretion of the court. Sec519. Failure to Dispose of Delinquent Real Property at Public Auction. — The local treasurer concerned who fails to dispose of delinquent real property at public auction in compliance with the pertinent provisions of this Code, and any other local government official whose acts hinder the prompt disposition of delinquent real property at public auction shall, upon conviction, be subject to a fine of not less than One thousand pesos (P1,000.00) nor more than Five thousand pesos (P5,000.00), or imprisonment of not less than one (1) month nor more than six (6) months, or both such fine and imprisonment, at the discretion of the court. Internal Revenue Allotment

CA VE AT:

- 250 Sec284. Allotment of Internal Revenue Taxes. — Local government units shall have a share in the national internal revenue taxes based on the collection of the third fiscal year preceding the current fiscal year as follows: (a) On the first year of the effectivity of this Code, thirty percent (30%); (b) On the second year, thirty-five percent (35%); and (c) On the third year and thereafter, forty percent (40%). Provided, That in the event that the national government incurs an unmanageable public sector deficit, the President of the Philippines is hereby authorized, upon the recommendation of Secretary of Finance, Secretary of Interior and Local Government and Secretary of Budget and Management, and subject to consultation with the presiding officers of both Houses of Congress and the presidents of the "liga", to make the necessary adjustments in the internal revenue allotment of local government units but in no case shall the allotment be less than thirty percent (30%) of the collection of national internal revenue taxes of the third fiscal year preceding the current fiscal year: Provided, further, That in the first year of the effectivity of this Code, the local government units shall, in addition to the thirty percent (30%) internal revenue allotment which shall include the cost of devolved functions for essential public services, be entitled to receive the amount equivalent to the cost of devolved personal services. Sec285. Allocation to Local Government Units. — The share of local government units in the internal revenue allotment shall be collected in the following manner: (a) Provinces — Twenty-three percent (23%); (b) Cities — Twenty-three percent (23%); (c) Municipalities — Thirty-four percent (34%); and (d) Barangays — Twenty percent (20%) Provided, however, That the share of each province, city, and municipality shall be determined on the basis of the following formula: (a) Population — Fifty percent (50%); (b) Land Area — Twenty-five percent (25%); and (c) Equal sharing — Twenty-five percent (25%) Provided, further, That the share of each barangay with a population of not less than one hundred (100) inhabitants shall not be less than Eighty thousand (P80,000.00) per annum chargeable against the twenty percent (20%) share of the barangay from the internal revenue allotment, and the balance to be allocated on the basis of the following formula: (a) On the first year of the effectivity of this Code: (1) Population — Forty percent (40%); and (2) Equal sharing — Sixty percent (60%) (b) On the second year: (1) Population — Fifty percent (50%); and (2) Equal sharing — Fifty percent (50%) (c) On the third year and thereafter: (1) Population — Sixty percent (60%); and (2) Equal sharing — Forty percent (40%). Provided, finally, That the financial requirements of barangays created by local government units after the effectivity of this Code shall be the responsibility of the local government unit concerned.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Sec286. Automatic Release of Shares. — (a) The share of each local government unit shall be released, without need of any further action, directly to the provincial, city, municipal or barangay treasurer, as the case may be, on a quarterly basis within five (5) days after the end of each quarter, and which shall not be subject to any lien or holdback that may be imposed by the national government for whatever purpose. (b) Nothing in this Chapter shall be understood to diminish the share of local government units under existing laws. Sec287. Local Development Projects. — Each local government unit shall appropriate in its annual budget no less than twenty percent (20%) of its annual internal revenue allotment for development projects. Copies of the development plans of local government units shall be furnished the Department of Interior and Local Government. Sec288. Rules and Regulations. — The Secretary of Finance, in consultation with the Secretary of Budget and Management, shall promulgate the necessary rules and regulations for a simplified disbursement scheme designed for the speedy and effective enforcement of the provisions of this Chapter. Alvarez v. Guingona 1996 Santiago has met the minimum average annual income required to be a component city. IRAs form part of the income of LGUs. They are items of income because they form part of the gross accretion of the funds of the LGU. They regularly and automatically accrue to the local treasury without need of any further action on the part of the LGU. Funds generated from local taxes, IRAs, and national wealth utilization proceeds accrue to the general fund of the local government and are used to finance its operations subject to specified modes of spending. IRAs are considered items of income, since income is defined in the LGC to be all revenues and receipts collected or received forming the gross accretions of funds of the LGU. Sec450(c) also provides that “the average annual income shall include the income accruing to the general fund, exclusive of special funds, transfers, and non-recurring income.” IRA’s are regular, recurring item of income. It is not a special fund or transfer, since IRAs have a technical definition and meaning all its own as used in LGC that unequivocally makes it distinct from special funds or transfers referred to when LGC speaks of “funding support from the national government, its instrumentalities, and GOCCs.”

From class notes:

CA VE AT:

- 251 -

If Congress provides less than 40% as IRA in its general appropriations act, this is not allowed as an amendment to the LGC. Otherwise, Congress can amend the 40% IRA of the LGC by enacting laws.

Pimentel v. Aguirre (2000) Pres. Ramos issued AO 372 entitled “Adoption of Economy Measures for FY 1998”.

4.

Section 1 directed all government departments and agencies, including LGUs, to reduce total expenditures for the year by at least 25%.

5.

Section 4 provided that the amount equivalent to 10% of the internal revenue allotment to LGUs shall be withheld pending the assessment and evaluation by the Development Budget Coordinating Committee of the emerging fiscal situation.

Held: Sec. 1 is valid. While the wordings of Sec. 1 have a rather commanding tone, and while the requirements of the LGC (Sec. 284) have not been satisfied, the directive to implement measures that will reduce total expenditures by 25% is merely advisory in character, and does not constitute a mandatory or binding order that interferes with local autonomy. All concerned could do well to heed this advisory. It is understood, however, that no legal sanction may be imposed upon LGUs and their officials who do not follow such advice. Sec. 4 is not valid as it encroaches on local fiscal autonomy. A basic feature of local fiscal autonomy is the automatic release of the shares of the LGUs in the national revenue. This is mandated by the Constitution and the LGC. Although what is provided for in Section 4 is merely temporary (pending assessment & evaluation by DBCC), it is equivalent to a holdback, which means “something held back or withheld, often temporarily.” Hence, the temporary nature of the retention by the national government does not matter. Any retention is prohibited.

Share of LGUs in National Wealth Sec289. Share in the Proceeds from the Development and Utilization of the National Wealth. — Local government units shall have an equitable share in the proceeds derived from the utilization and development of the national wealth within their respective areas, including sharing the same with the inhabitants by way of direct benefits. Sec290. Amount of Share of Local Government Units. — Local government units shall, in addition to the internal revenue allotment, have a share of forty percent (40%) of the gross collection derived by the national government from the preceding fiscal year from mining taxes, royalties, forestry and

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER fishery charges, and such other taxes, fees, or charges, including related surcharges, interests, or fines, and from its share in any co-production, joint venture or production sharing agreement in the utilization and development of the national wealth within their territorial jurisdiction. Sec291. Share of the Local Governments from any Government Agency or Owned or Controlled Corporation. — Local government units shall have a share based on the preceding fiscal year from the proceeds derived by any government agency or government-owned or controlled corporation engaged in the utilization and development of the national wealth based on the following formula whichever will produce a higher share for the local government unit: (a) One percent (1%) of the gross sales or receipts of the preceding calendar year; or (b) Forty percent (40%) of the mining taxes, royalties, forestry and fishery charges and such other taxes, fees or charges, including related surcharges, interests, or fines the government agency or government owned or controlled corporation would have paid if it were not otherwise exempt. Sec292. Allocation of Shares. — The share in the preceding Section shall be distributed in the following manner: (a) Where the natural resources are located in the province: (1) Province — Twenty percent (20%); (2) Component City/Municipality — Forty-five percent (45%); and (3) Barangay — Thirty-five percent (35%) Provided, however, That where the natural resources are located in two (2) or more provinces, or in two (2) or more component cities or municipalities or in two (2) or more barangays, their respective shares shall be computed on the basis of: (1) Population — Seventy percent (70%); and (2) Land area — Thirty percent (30%) (b) Where the natural resources are located in a highly urbanized or independent component city: (1) City — Sixty-five percent (65%); and (2) Barangay — Thirty-five percent (35%) Provided, however, That where the natural resources are located in such two (2) or more cities, the allocation of shares shall be based on the formula on population and land area as specified in paragraph (a) of this Section. Sec293. Remittance of the Share of Local Government Units. — The share of local government units from the utilization and development of national wealth shall be remitted in accordance with Section 286 of this Code: Provided, however, That in the case of any government agency or government-owned or controlled corporation engaged in the utilization and development of the national wealth, such share shall be directly remitted to the provincial, city, municipal or barangay treasurer concerned within five (5) days after the end of each quarter. Sec294. Development and Livelihood Projects. — The proceeds from the share of local government units pursuant to

CA VE AT:

- 252 this chapter shall be appropriated by their respective sanggunian to finance local government and livelihood projects: Provided, however, That at least eighty percent (80%) of the proceeds derived from the development and utilization of hydrothermal. geothermal, and other sources of energy shall be applied solely to lower the cost of electricity in the local government unit where such a source of energy is located.

RA 7076 – An Act Creating A People's Small-Scale Mining Program And For Other Purposes Sec19. Government Share and Allotment. — The revenue to be derived by the Government from the operation of the mining program herein established shall be subject to the sharing provided in the Local Government Code.

Credit Financing Sec295. Scope. — This Title shall govern the power of local government units to create indebtedness and to enter into credit and other financial transactions. Sec296. General Policy. — (a) It shall be the basic policy that any local government unit may create indebtedness, and avail of credit facilities to finance local infrastructure and other socio-economic development projects in accordance with the approved local development plan and public investment program. (b) A local government unit may avail of credit lines from government or private banks and lending institutions for the purpose of stabilizing local finances. Sec297. Loans, Credits, and Other Forms of Indebtedness of Local Government Units. — (a) A local government unit may contract loans, credits, and other forms of indebtedness with any government or domestic private bank and other lending institutions to finance the construction, installation, improvement, expansion, operation, or maintenance of public facilities, infrastructure facilities, housing projects, the acquisition of real property, and the implementation of other capital investment projects, subject to such terms and conditions as may be agreed upon by the local government unit and the lender. The proceeds from such transactions shall accrue directly to the local government unit concerned. (b) A local government unit may likewise secure from any government bank and lending institution short, medium and long-term loans and advances against security of real estate or other acceptable assets for the establishment, development, or expansion of agricultural, industrial, commercial, house financing projects, livelihood projects, and other economic enterprises. (c) Government financial and other lending institutions are hereby authorized to grant loans, credits, and other forms of

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER indebtedness out of their loanable funds to local government units for purposes specified above. Sec298. Deferred-Payment and other Financial Schemes. — Provincial, city and municipal governments may likewise acquire property, plant, machinery, equipment, and such necessary accessories under a supplier's credit, deferred payment plan, or either financial scheme. Sec299. Bonds and Other Long-Term Securities. — Subject to the rules and regulations of the Central Bank and the Securities and Exchange Commission, provinces, cities, and municipalities are hereby authorized to issue bonds, debentures, securities, collaterals, notes and other obligations to finance selfliquidating, income-producing development or livelihood projects pursuant to the priorities established in the approved local development plan or the public investment program. The sanggunian concerned shall, through an ordinance approved by a majority of all its members, declare and state the terms and conditions of the bonds and the purpose for which the proposed indebtedness is to be incurred. Sec300. Inter-Local Government Loans, Grants, and Subsidies. — Provinces, cities, and municipalities may, upon approval of the majority of all members of the sanggunian concerned and in amounts not exceeding their surplus funds, extend loans, grants, or subsidies to other local government units under such terms and conditions as may be agreed upon by the contracting parties. Local government units may, upon approval of their respective sanggunian, jointly or severally contract loans, credits, and other forms of indebtedness for purposes mutually beneficial to them. Sec301. Loans from Funds Secured by the National Government from Foreign Sources. — (a) The President, or his duly authorized representative, may, through any government financial or other lending institution, relend to any province, city, municipality, or barangay, the proceeds of loans contracted with foreign financial institutions or other international funding agencies for the purpose of financing the construction, installation, improvement, expansion, operation, or maintenance of public utilities and facilities, infrastructure facilities, or housing projects, the acquisition of real property, and the implementation of other capital investment projects, subject to such terms and conditions as may be agreed upon by the President and the local government unit. The proceeds from such loans shall accrue directly to the local government concerned. (b) The President may likewise authorize the relending to local government units the proceeds of grants secured from foreign sources, subject to the provisions of existing laws and the applicable grant agreements. (c) Repayment or amortization of loans including accrued interest thereon, may be financed partly from the income of the projects or services and from the regular income of the local government unit, which must be provided for and appropriated regularly in its annual budget until the loan and the interest thereon shall have been fully paid.

CA VE AT:

- 253 Sec302. Financing, Construction, Maintenance, Operation, and Management of Infrastructure Projects by the Private Sector. — (a) Local government units may enter into contracts with any duly prequalified individual contractor, for the financing, construction, operation, and maintenance of any financially viable infrastructure facilities, under the build-operate-transfer agreement, subject to the applicable provisions of Republic Act Numbered Sixty-nine hundred fifty-seven (R.A. No. 6957) authorizing the financing, construction, operation and maintenance of infrastructure projects by the private sector and the rules and regulations issued thereunder and such terms and conditions provided in this Section. (b) Local government units shall include in their respective local development plans and public investment programs priority projects that may be financed, constructed, operated and maintained by the private sector under this Section. It shall be the duty of the local government unit concerned to disclose to the public all projects eligible for financing under this Section, including official notification of duly registered contractors and publications in newspapers of general or local circulation and in conspicuous and accessible public places. Local projects under the build-operate-andtransfer agreement shall be confirmed by the local development councils. (c) Projects implemented under this Section shall be subject to the following terms and conditions: (1) The provincial, city or municipal engineer, as the case may be, upon formal request in writing by the local chief executive, shall prepare the plans and specifications for the proposed projects, which shall be submitted to the sanggunian for approval. (2) Upon approval by the sanggunian of the project plans and specifications, the provincial, city, or municipal engineer shall, as the case may be, cause to be published once every week, for two (2) consecutive weeks in at least one (1) local newspaper which is circulated in the region, province, city or municipality in which the project is to be implemented, a notice inviting all duly qualified contractors to participate in a public bidding for the projects so approved. The conduct of public bidding and award of contracts for local government projects under this Section shall be in accordance with this Code and other applicable laws, rules and regulations. In the case of a build-operate-and-transfer agreement, the contract shall be awarded to the lowest complying bidder whose offer is deemed most advantageous to the local government and based on the present value of its proposed tolls, fees, rentals, and charges over a fixed term for the facility to be constructed, operated, and maintained according to the prescribed minimum design and performance standards, plans, and specifications. For this purpose, the winning contractor shall be automatically granted by the local government unit concerned the franchise to operate and maintain the facility, including the collection of tolls, fees, rentals, and charges in accordance with subsection (c-4) hereof.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER In the case of a build-operate-and-transfer agreement, the contract shall be awarded to the lowest complying bidder based on the present value of its proposed schedule of amortization payments for the facility to be constructed according to the prescribed minimum design and performance standards, plans, and specifications. (3) Any contractor who shall undertake the prosecution of any project under this Section shall post the required bonds to protect the interest of the province, city, or municipality, in such amounts as may be fixed by the sanggunian concerned and the provincial, city or municipal engineer shall not, as the case may be, allow any contractor to initiate the prosecution of projects under this Section unless such contractor presents proof or evidence that he has posted the required bond. (4) The contractor shall be entitled to a reasonable return of its investment in accordance with its bid proposal as accepted by the local government unit concerned. In the case of a build-operate-and-transfer agreement, the repayment shall be made by authorizing the contractor to charge and collect reasonable tolls, fees, rentals, and charges for the use of the project facility not exceeding those proposed in the bid and incorporated in the contract: Provided, That the local government unit concerned shall, based on reasonableness and equity, approve the tolls, fees, rentals and charges: Provided, further, That the imposition and collection of tolls, fees, rentals and charges shall be for a fixed period as proposed in the bid and incorporated in the contract which shall in no case exceed fifty (50) years: Provided, finally, That during the lifetime of the contract, the contractor shall undertake the necessary maintenance and repair of the facility in accordance with standards prescribed in the bidding documents and in the contract. In the case of a build-operate-and-transfer agreement, the repayment shall be made through amortization payments in accordance with the schedule proposed in the bid and incorporated in the contract. In case of land reclamation or construction of industrial estates, the repayment plan may consist of the grant of a portion or percentage of the reclaimed land or the industrial estate constructed. (5) Every infrastructure project undertaken under this Section shall be constructed, operated, and maintained by the contractor under the technical supervision of the local government unit and in accordance with the plans, specifications, standards, and costs approved by it. (d) The provincial, city, or municipal legal officer shall, as the case may be, review the contracts executed pursuant to this Section to determine their legality, validity, enforceability and correctness of form. Sec303. Remedies and Sanctions. — Local government unit shall appropriate in their respective annual budgets such amounts as are sufficient to pay the loans and other indebtedness incurred or redeem or retire bonds, debentures, securities, notes and other obligations issued under this Title:

CA VE AT:

- 254 Provided, That failure to provide the appropriations herein required shall render their annual budgets inoperative.

Chavez v. Public Estates Authority (2002) Sec. 302 of the LGC does not constitute legislative authority to sell reclaimed lands to private corporations. The BOT Law recognizes the constitutional ban (“…subject to constitutional requirements …”). Although §302 doesn’t contain a proviso similar to that of the BOT law, the constitutional restrictions on land ownership automatically apply even though not expressly mentioned in the LGC. Thus, to avoid direct collision of provs of the LGC and the BOT law with the provs of the Consti: If the contractor or developer (in the reclamation of lands) is –

1.

a corporate entity  it can only be paid with leaseholds on portions of the reclaimed land

2.

an individual  s/he can be paid portions of the reclaimed land, not exceeding 12 hectares of non-agricultural lands.

Local Fiscal Administration Sec304. Scope. — This Title shall govern the conduct and management of financial affairs, transactions, and operations of provinces, cities, municipalities, and barangays. Sec305. Fundamental Principles. — The financial affairs, transactions, and operations of local government units shall be governed by the following fundamental principles: (a) No money shall be paid out of the local treasury except in pursuance of an appropriations ordinance or law; (b) Local government funds and monies shall be spent solely for public purposes; (c) Local revenue is generated only from sources expressly authorized by law or ordinance, and collection thereof shall at all times be acknowledged properly; (d) All monies officially received by a local government officer in any capacity or on any occasion shall be accounted for as local funds, unless otherwise provided by law; (e) Trust funds in the local treasury shall not be paid out except in fulfillment of the purpose for which the trust was created or the funds received; (f) Every officer of the local government unit whose duties permit or require the possession or custody of local funds shall be properly bonded, and such officer shall be accountable and responsible for said funds and for the safekeeping thereof in conformity with the provisions of law; (g) Local governments shall formulate sound financial plans, and local budgets shall be based on functions, activities, and projects, in terms of expected results; (h) Local budget plans and goals shall, as far as practicable, be harmonized with national development plans, goals, and strategies in order to optimize the utilization of resources and to avoid duplication in the use of fiscal and physical resources;

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER (i) Local budgets shall operationalize approved local development plans; (j) Local government units shall ensure that their respective budgets incorporate the requirements of their component units and provide for equitable allocation of resources among these component units; (k) National planning shall be based on local planning to ensure that the needs and aspirations of the people as articulated by the local government units in their respective local development plans are considered in the formulation of budgets of national line agencies or offices; (l) Fiscal responsibility shall be shared by all those exercising authority over the financial affairs, transactions, and operations of the local government units; and (m) The local government unit shall endeavor to have a balanced budget in each fiscal year of operation. Sec306. Definitions. — When used in this Title, the term — (a) "Annual Budget" refers to a financial plan embodying the estimates of income and expenditures for one (1) fiscal year; (b) "Appropriation" refers to an authorization made by ordinance, directing the payment of goods and services from local government funds under specified conditions or for specific purposes; (c) "Budget Document" refers to the instrument used by the local chief executive to present a comprehensive financial plan to the sanggunian concerned; (d) "Capital Outlays" refers to appropriations for the purchase of goods and services, the benefits of which extend beyond the fiscal year and which add to the assets of the local government unit concerned, including investments in public utilities such as public markets and slaughterhouses; (e) "Continuing Appropriation" refers to an appropriation available to support obligations for a specified purpose or projects, such as those for the construction of physical structures or for the acquisition of real property or equipment, even when these obligations are incurred beyond the budget year; (f) "Current Operating Expenditures" refers to appropriations for the purchase of goods and services for the conduct of normal local government operations within the fiscal year, including goods and services that will be used or consumed during the budget year; (g) "Expected Results" refers to the services, products, or benefits that shall accrue to the public, estimated in terms of performance measures or physical targets; (h) "Fund" refers to a sum of money, or other assets convertible to cash, set aside for the purpose of carrying out specific activities or attaining certain objectives in accordance with special regulations, restrictions, or limitations, and constitutes as independent fiscal and accounting entity; (i) "Income" refers to all revenues and receipts collected or received forming the gross accretions of funds of the local government unit; (j) "Obligations" refers to an amount committed to be paid by the local government unit for any lawful act made by an accountable officer for and in behalf of the local unit concerned;

CA VE AT:

- 255 (k) "Personal Services" refers to appropriations for the payment of salaries, wages and other compensation of permanent, temporary, contractual, and casual employees of the local government unit; (l) "Receipts" refers to income realized from operations and activities of the local government or are received by it in the exercise of its corporate functions, consisting of charges for services rendered, conveniences furnished, or the price of a commodity sold, as well as loans, contributions or aids from other entities, except provisional advances for budgetary purposes; and (m) "Revenue" refers to income derived from the regular system of taxation enforced under authority of law or ordinance, and, as such, accrue more or less regularly every year.

CHAPTER II: Local and Other Special Funds Art I: Receipts, Safekeeping Article and Disposition of Local Funds Sec307. Remittance of Government Monies to the Local Treasury. — Officers of local government authorized to receive and collect monies arising from taxes, revenues, or receipts of any kind shall remit the full amount received and collected to the treasury of such local government unit which shall be credited to the particular account or accounts to which the monies in question properly belong. Sec308. Local Funds. — Every local government unit shall maintain a General Fund which shall be used to account for such monies and resources as may be received by and disbursed from the local treasury. The General Fund shall consist of monies and resources of the local government which are available for the payment of expenditures, obligations or purposes not specifically declared by law as accruing and chargeable to, or payable from, any other fund. Sec309. Special Funds. — There shall be maintained in every provincial, city, or municipal treasury the following special funds: (a) Special Education Fund (SEF) shall consist of the respective shares of provinces, cities, municipalities and barangays in the proceeds of the additional tax on real property to be appropriated for purposes prescribed in Section 272 of this Code; and (b) Trust Funds shall consist of private and public monies which have officially come into the possession of the local government or of a local government official as trustee, agent or administrator, or which have been received as a guaranty for the fulfillment of some obligation. A trust fund shall only be used for the specific purpose for which it was created or for which it came into the possession of the local government unit. Sec310. Separation of Books and Depository Accounts. — Local accountants and treasurers shall maintain separate books and depository accounts, respectively, for each fund in their custody or administration under such rules and regulations as the Commission on Audit may prescribe. Sec311. Depository Accounts. — Local treasurers shall maintain depository accounts in the name of their respective local

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER government units with banks, preferably government-owned, located in or nearest to their respective areas of jurisdiction. Earnings of each depository account shall accrue exclusively thereto. Sec312. Separation of Personal Money from Public Funds. — Local treasurers and other accountable officers shall keep monies separate and distinct from local public funds in their custody and shall not make profit out of public money or otherwise apply the same to any use not authorized by law or ordinance. Art II: Special Accounts Sec313. Special Accounts to be Maintained in the General Fund. — Local government units shall maintain special accounts in the general fund for the following: (a) Public utilities and other economic enterprises; (b) Loans, interests, bond issues, and other contributions for specific purposes; and (c) Development projects funded from the share of the local government unit concerned in the internal revenue allotment and such other special accounts which may be created by law or ordinance. Receipts, transfers, and expenditures involving the foregoing special accounts shall be properly taken up thereunder. Profits or income derived the operation of public utilities and other economic enterprises, after deduction for the cost of improvement, repair and other related expenses of the public utility or economic enterprise concerned, shall first be applied for the return of the advances or loans made therefor. Any excess shall form part of the general fund of the local government unit concerned. CHAPTER III: Budgeting Art I: Local Government Budgets Sec314. Form and Content. — (a) Local government budgets shall primarily consists of two (2) parts: (1) The estimates of income; and (2) The total appropriations covering the current operating expenditures and capital outlays. (b) The budget document shall contain: (1) A budget message of the local chief executive setting forth in brief the significance of the executive budget, particularly in relation to the approved local development plan; (2) A brief summary of the functions, projects, and activities to be accomplished in pursuit of the goals and objectives of the local government unit for the ensuing fiscal year, specifically the delivery of basic services or facilities enumerated under Section 17 of this Code; (3) Summary of financial statements setting forth: (i) The actual income and expenditures during the immediately preceding year; (ii) The actual income and expenditures of the first two (2) quarters and the estimates of income and expenditures for the last two (2) quarters of the current fiscal year;

CA VE AT:

- 256 (iii) The estimates of income for the ensuing fiscal year from ordinances and laws existing at the time the proposed budget is transmitted, together with other proposals; (iv) The estimated expenditures necessary to carry out the functions, projects, and activities of the local government unit for the ensuing fiscal year; (v) All essential facts regarding the bonded and other long-term obligations and indebtedness of the local government unit, if any; (vi) Summary statement of all statutory and contractual obligations due; and (vii) Such other financial statements and data as are deemed necessary or desirable in order to disclose in all practicable detail the financial condition of the local government unit.

Sec315. Submission of Detailed Statements of Income and Expenditures. — (a) On or before the fifteenth (15th) day of July of each year, local treasurers shall submit to their respective local chief executives a certified statement, covering the income and expenditures of the preceding fiscal year, the actual income and expenditures of the first two (2) quarters of the current year, and the estimated income and expenditures for the last two (2) quarters of the current year. Sec316. Local Finance Committee. — There is hereby created in every province, city or municipality a local finance committee to be composed of the local planning and development officer, the local budget officer, and the local treasurer. It shall exercise the following functions: (a) Determine the income reasonably projected as collectible for the ensuing fiscal year; (b) Recommend the appropriate tax and other revenue measures or borrowings which may be appropriate to support the budget; (c) Recommend to the local chief executive concerned the level of the annual expenditures and the ceilings of spending for economic, social, and general services based on the approved local development plans; (d) Recommend to the local chief executive concerned the proper allocation of expenditures for each development activity between current operating expenditures and capital outlays; (e) Recommend to the local chief executive concerned the amount to be allocated for capital outlay under each development activity or infrastructure project; (f) Assist the sangguniang panlalawigan in the review and evaluation of budget of component cities and municipalities in the case of provincial finance committee, the barangay budgets in the case of city or municipal finance committee, and recommend the appropriate action thereon; (g) Assist the sanggunian concerned in the analysis and review of annual regular and supplemental budgets of the respective local government unit to determine compliance with statutory and administrative requirements; and

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER (h) Conduct semi-annual review and general examination of cost and accomplishments against performance standards applied in undertaking development projects. A copy of this report shall be furnished the local chief executive and the sanggunian concerned, and shall be posted in conspicuous and publicly accessible places in the provinces, cities, municipalities and barangays. Sec317. Submission of Budget Proposals by Heads or Departments or Offices. — (a) Each head of department or office shall submit a budget proposal for his department or office to the local chief executive on or before the fifteenth (15th) of July of each year: Provided, That the budget proposal of each department of office shall be categorized under either economic, social or general services: Provided, further, That each service shall be covered by the budget of at least one (1) department or office of the local government unit concerned. The said budget proposal shall be prepared in accordance with such policy and program guidelines as the local chief executive concerned may issue in conformity with the local development plan, the budgetary ceilings prescribed by the local finance committee, and the general requirements prescribed in this Title. (b) Budget proposals of departments or offices shall be divided into two (2) primary categories, namely: the current operating expenditures and the capital outlays. Such budget proposals shall contain the following information: (1) Objectives, functions, and projects showing the general character and relative importance of the work to be accomplished or the services to be rendered, and the cost thereof; (2) Organizational charts and staffing patterns indicating the list of plantilla positions with their corresponding salaries, and proposals for reclassification of positions and salary changes, as well as the creation of new positions with their proposed salary grade, duly supported by proper justification; (3) Brief description of the functions, projects and activities for the ensuing fiscal year, expected results for each function, project and activity, and the nature of work to be performed, including the objects of expenditures for each function, project and activity; (4) Relation of the work and financial proposals to approved local development plans; (5) Estimated current operating expenditures and capital outlays with comparative data for the last two (2) preceding, current, and ensuing fiscal years; and (6) Accomplishment reports for the last two (2) preceding and current fiscal years. Sec318. Preparation of the Budget by the Local Chief Executive. — Upon receipt of the statements of income and expenditures from the treasurer, the budget proposals of the heads of departments and offices, and the estimates of income and budgetary ceilings from the local finance committee, the local chief executive shall prepare the executive budget for the ensuing fiscal year in accordance with the provisions of this Title.

CA VE AT:

- 257 The local chief executive shall submit the said executive budget to the sanggunian concerned not later than the sixteenth (16th) of October of the current fiscal year. Failure to submit such budget on the date prescribed herein shall subject the local chief executive to such criminal and administrative penalties as provided for under this Code and other applicable laws.

Sec319. Legislative Authorization of the Budget. — On or before the end of the current fiscal year, the sanggunian concerned shall, through an ordinance, the annual budget of the local government unit for the ensuing fiscal year on the basis of the estimates of income and expenditures submitted by the local chief executive. Sec320. Effectivity of Budgets. — The ordinance enacting the annual budget shall take effect at the beginning of the ensuing calendar year. An ordinance enacting a supplemental budget, however, shall take effect upon its approval or on the date fixed therein. The responsibility for the execution of the annual and supplemental budgets and the accountability therefor shall be vested primarily in the local chief executive concerned. Sec321. Changes in the Annual Budget. — All budgetary proposals shall be included and considered in the budget preparation process. After the local chief executive concerned shall have submitted the executive budget to the sanggunian, no ordinance providing for a supplemental budget shall be enacted, except when supported by funds actually available as certified by the local treasurer or by new revenue sources. A supplemental budget may also be enacted in times of public calamity by way of budgetary realignment to set aside appropriations for the purchase of supplies and materials or the payment of services which are exceptionally urgent or absolutely indispensable to prevent imminent danger to, or loss of, life or property, in the jurisdiction of the local government unit or in other areas declared by the President in a state of calamity. Such ordinance shall clearly indicate the sources of funds available for appropriations, as certified under oath by the local treasurer and local accountant and attested by the local chief executive, and the various items of appropriations affected and the reasons for the change. Sec322. Reversion of Unexpended Balances of Appropriations, Continuing Appropriations. — Unexpended balances of appropriations authorized in the annual appropriations ordinance shall revert to the unappropriated surplus of the general fund at the end of the fiscal year and shall not thereafter be available for the expenditure except by subsequent enactment. However, appropriations for capital outlays shall continue and remain valid until fully spent, reverted or the project is completed. Reversions of continuing appropriations shall not be allowed unless obligations therefor have been fully paid or otherwise settled. The balances of continuing appropriations shall be reviewed as part of the annual budget preparation and the sanggunian concerned may approve, upon recommendation of the local chief executive, the reversion of funds no longer needed in

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER connection with the activities funded by said continuing appropriations subject to the provisions of this Section. Sec323. Failure to Enact the Annual Appropriations. — In case the sanggunian concerned fails to pass the ordinance authorizing the annual appropriations at the beginning of the ensuing fiscal year, it shall continue to hold sessions, without additional remuneration for its members, until such ordinance is approved, and no other business may be taken up during such sessions. If the sanggunian still fails to enact such ordinance after ninety (90) days from the beginning of the fiscal year, the ordinance authorizing the appropriations of the preceding year shall be deemed reenacted and shall remain in force and effect until the ordinance authorizing the proposed appropriations is passed by the sanggunian concerned. However, only the annual appropriations for salaries and wages of existing positions, statutory and contractual obligations, and essential operating expenses authorized in the annual and supplemental budgets for the preceding year shall be deemed reenacted and disbursement of funds shall be in accordance therewith. In the implementation of such reenacted ordinance, the local treasurer concerned shall exclude from the estimates of income for the preceding fiscal year those realized from nonrecurring sources, like national aids, proceeds from loans, sale of assets, prior year adjustments, and other analogous sources of income. No ordinance authorizing supplemental appropriations shall be passed in place of the annual appropriations. In case the revised income estimates be less than the aggregate reenacted appropriations, the local treasurer concerned shall accordingly advise the sanggunian concerned which shall, within ten (10) days from the receipt of such advice, make the necessary adjustments or reductions. The revised appropriations authorized by the sanggunian concerned shall then be the basis for disbursements. Sec324. Budgetary Requirements. — The budgets of local government units for any fiscal year shall comply with the following requirements: (a) The aggregate amount appropriated shall not exceed the estimates of income; (b) Full provision shall be made for all statutory and contractual obligations of the local government unit concerned: Provided, however, That the amount of appropriations for debt servicing shall not exceed twenty percent (20%) of the regular income of the local government unit concerned; (c) In the case of provinces, cities, and municipalities, aid to component barangays shall be provided in amounts of not less than One thousand pesos (P1,000.00) per barangay; and (d) Five percent (5%) of the estimated revenue from regular sources shall be set aside as an annual lump sum appropriation for unforeseen expenditures arising from the occurrence of calamities: Provided, however, That such appropriation shall be used only in the area, or a portion thereof, of the local government unit or other areas declared by the President in a state of calamity. Sec325. General Limitations. — The use of the provincial, city, and municipal funds shall be subject to the following limitations:

CA VE AT:

- 258 (a) The total appropriations, whether annual or supplemental, for personal services of a local government unit for one (1) fiscal year shall not exceed forty-five percent (45%) in the case of first to third class provinces, cities and municipalities, and fifty-five percent (55%) in the case of fourth class or lower, of the total annual income from regular sources realized in the next preceding fiscal year. The appropriations for salaries, wages, representation and transportation allowances of officials and employees of the public utilities and economic enterprises owned, operated, and maintained by the local government unit concerned shall not be included in the annual budget or in the computation of the maximum amount for personal services. The appropriations for the personal services of such economic enterprises shall be charged to their respective budgets; (b) No official or employee shall be entitled to a salary rate higher than the maximum fixed for his position or other positions of equivalent rank by applicable laws or rules and regulations issued thereunder; (c) No local fund shall be appropriated to increase or adjust salaries or wages of officials and employees of the national government, except as may be expressly authorized by law; (d) In cases of abolition of positions and the creation of new ones resulting from the abolition of existing positions in the career service, such abolition or creation shall be made in accordance with pertinent provisions of this code and the civil service law, rules and regulations; (e) Positions in the official plantilla for career positions which are occupied by incumbents holding permanent appointments shall be covered by adequate appropriations; (f) No changes in designation or nomenclature of positions resulting in a promotion or demotion in rank or increase or decrease in compensation shall be allowed, except when the position is actually vacant, and the filling of such positions shall be strictly made in accordance with the civil service law, rules and regulations; (g) The creation of new positions and salary increases or adjustments shall in no case be made retroactive; and (h) The annual appropriations for discretionary purposes of the local chief executive shall not exceed two percent (2%) of the actual receipts derived from basic real property tax in the next preceding calendar year. Discretionary funds shall be disbursed only for public purposes to be supported by appropriate vouchers and subject to such guidelines as may be prescribed by law. No amount shall be appropriated for the same purpose except as authorized under this Section.

Sec326. Review of Appropriation Ordinances of Provinces, Highly-Urbanized Cities, Independent Component Cities, and Municipalities within the Metropolitan Manila Area. — The Department of Budget and Management shall review ordinances authorizing the annual or supplemental appropriations of provinces, highly-urbanized cities, independent component cities, and municipalities within the Metropolitan Manila Area in accordance with the immediately succeeding Section.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Sec327. Review of Appropriation Ordinances of Component Cities and Municipalities. — The sangguniang panlalawigan shall review the ordinance authorizing annual or supplemental appropriations of component cities and municipalities in the same manner and within the same period prescribed for the review of other ordinances. If within ninety (90) days from receipt of copies of such ordinance, the sangguniang panlalawigan takes no action thereon, the same shall be deemed to have been reviewed in accordance with law and shall continue to be in full force and effect. If within the same period, the sangguniang panlalawigan shall have ascertained that the ordinance authorizing annual or supplemental appropriations has not complied with the requirements set forth in this Title, the sangguniang panlalawigan shall, within the ninety-day period hereinabove prescribed declare such ordinance inoperative in its entirety or in part. Items of appropriation contrary to limitations prescribed in this Title or in excess of the amounts prescribed herein shall be disallowed or reduced accordingly. The sangguniang panlalawigan shall within the same period advise the sangguniang panlungsod or sangguniang bayan concerned through the local chief executive of any action on the ordinance under review. Upon receipt of such advice, the city or municipal treasurer concerned shall not make further disbursements of funds from any of the items of appropriation declared inoperative, disallowed or reduced. Sec328. Duration of Appropriation. — Appropriations for ordinary administrative purposes not duly obligated shall terminate with the fiscal year and all unexpended balances thereof shall be automatically reverted on the thirty-first (31st) day of December of each year to the general fund of the local government unit. ARTICLE II: Barangay Budgets Sec329. Barangay Funds. — Unless otherwise provided in this Title, all the income of the barangay from whatever source shall accrue to its general fund and shall, at the option of the barangay concerned, be kept as trust fund in the custody of the city or municipal treasurer or be deposited in a bank, preferably government-owned, situated in or nearest to its area of jurisdiction. Such funds shall be disbursed in accordance with the provisions of this Title. Ten percent (10%) of the general fund of the barangay shall be set aside for the sangguniang kabataan. Sec330. Submission of Detailed Statements of Income and Expenditures for the Barangay Budgets. — On or before the fifteenth (15th) day of September of each year, the barangay treasurer shall submit to the punong barangay a statement covering the estimates of income and expenditures for the ensuing fiscal year, based on a certified statement issued by the city or municipal treasurer covering the estimates of income from local sources for the barangay concerned. Sec331. Preparation of the Barangay Budget. — (a) Upon receipt of the statement of income and expenditures from the barangay treasurer, the punong barangay

CA VE AT:

- 259 shall prepare the barangay budget for the ensuing fiscal year in the manner and within the period prescribed in this Title and submit the annual barangay budget to the sangguniang barangay for legislative enactment. (b) The total annual appropriations for personal services of a barangay for one (1) fiscal year shall not exceed fifty-five percent (55%) of the total annual income actually realized from local sources during the next preceding fiscal year. (c) The barangay budget shall likewise be subject to the same budgetary requirements and limitations hereinabove prescribed.

Sec332. Effectivity of Barangay Budgets. — The ordinance enacting the annual budget shall take effect at the beginning of the ensuing calendar year. An ordinance enacting a supplemental budget, however, shall take effect upon its approval or on the date fixed therein. The responsibility for the execution of the annual and supplemental budgets and the accountability therefor shall be vested primarily in the punong barangay concerned. Sec333. Review of the Barangay Budget. — (a) Within ten (10) days from its approval, copies of the barangay ordinance authorizing the annual appropriations shall be furnished the sangguniang panlungsod or the sangguniang bayan, as the case may be, through the city or municipal budget officer. The sanggunian concerned shall have the power to review such ordinance in order to ensure that the provisions of this Title are complied with. If within sixty (60) days after the receipt of the ordinance, the sanggunian concerned takes no action thereon, the same shall continue to be in full force and effect. If within the same period, the sanggunian concerned shall have ascertained that the ordinance contains appropriations in excess of the estimates of the income duly certified as collectible, or that the same has not complied with the budgetary requirements set forth in this Title, the said ordinance shall be declared inoperative in its entirety or in part. Items of appropriation contrary to, or in excess of, any of the general limitations or the maximum amount prescribed in this Title shall be disallowed or reduced accordingly. (b) Within the period hereinabove fixed, the sangguniang panlungsod or sangguniang bayan concerned shall return the barangay ordinance, through the city or municipal budget officer, to the punong barangay with the advice of action thereon for proper adjustments, in which event, the barangay shall operate on the ordinance authorizing annual appropriations of the preceding fiscal year until such time that the new ordinance authorizing annual appropriations shall have met the objections raised. Upon receipt of such advice, the barangay treasurer or the city or municipal treasurer who has custody of the funds shall not make further disbursement from any item of appropriation declared inoperative, disallowed, or reduced. Sec334. Barangay Financial Procedures. — (a) The barangay treasurer shall collect all taxes, fees, and other charges due and contributions accruing to the barangay for which he shall issue official receipts, and shall deposit all collections with the city or municipal treasury or in the

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER depository account maintained in the name of the barangay within five (5) days after receipt thereof. He may collect real property taxes and such other taxes as may be imposed by a province, city or municipality that are due in his barangay only after being deputized by the local treasurer concerned for the purpose. (b) The barangay treasurer may be authorized by the sangguniang barangay to make direct purchases amounting to not more than One thousand pesos (P1,000.00) at any time for the ordinary and essential needs of the barangay. The petty cash that the barangay treasurer may be authorized to hold for the purpose shall not exceed twenty percent (20%) of the funds available and to the credit of the barangay treasury. (c) The financial records of the barangay shall be kept in the office of the city or municipal accountant in simplified manner as prescribed by the Commission on Audit. Representatives of the Commission on Audit shall audit such accounts annually or as often as may be necessary and make a report of the audit to the sangguniang panlungsod or sangguniang bayan, as the case may be. The Commission on Audit shall prescribe and put into effect simplified procedures for barangay finances within six (6) months following the effectivity of this Code. CHAPTER IV: Expenditures, Disbursements, Accounting and Accountability Sec335. Prohibitions Against Expenditures for Religious or Private Purposes. — No public money or property shall be appropriated or applied for religious or private purposes. Sec336. Use of Appropriated Funds and Savings. — Funds shall be available exclusively for the specific purpose for which they have been appropriated. No ordinance shall be passed authorizing any transfer of appropriations from one item to another. However, the local chief executive or the presiding officer of the sanggunian concerned may, by ordinance, be authorized to augment any item in the approved annual budget for their respective offices from savings in other items within the same expense class of their respective appropriations. Sec337. Restriction Upon Limit of Disbursements. — Disbursements in accordance with appropriations in the approved annual budget may be made from any local fund in the custody of the treasurer, but the total disbursements from any local fund shall in no case exceed fifty percent (50%) of the uncollected estimated revenue accruing to such local fund in addition to the actual collections: Provided, however, That no cash overdraft in any local fund shall be incurred at the end of the fiscal year. In case of emergency arising from a typhoon, earthquake, or any other calamity, the sanggunian concerned may authorize the local treasurer to continue making disbursements from any local fund in his possession in excess of the limitations herein provided, but only for such purposes and amounts included in the approved annual budgets. Any overdraft which may be incurred at the end of the year in any local fund by virtue of the provisions hereof shall be covered

CA VE AT:

- 260 with the first collections of the immediately succeeding fiscal year accruing to such local fund.

Sec338. Prohibitions Against Advance Payments. — No money shall be paid on account of any contract under which no services have been rendered or goods delivered. Sec339. Cash Advances. — No cash advance shall be granted to any local official or employee, elective or appointive, unless made in accordance with the rules and regulations as the Commission on Audit may prescribe. Sec340. Persons Accountable for Local Government Funds. — Any officer of the local government unit whose duty permits or requires the possession or custody of local government funds shall be accountable and responsible for the safekeeping thereof in conformity with the provisions of this Title. Other local officers who, though not accountable by the nature of their duties, may likewise be similarly held accountable and responsible for local government funds through their participation in the use or application thereof. Sec341. Prohibitions Against Pecuniary Interest. — Without prejudice to criminal prosecution under applicable laws, any local treasurer, accountant, budget officer, or other accountable local officer having any pecuniary interest, direct or indirect, in any contract, work or other business of the local government unit of which he is an accountable officer shall be administratively liable therefor. Sec342. Liability for Acts Done Upon Direction of Superior Officer, or Upon Participation of Other Department Heads or Officers of Equivalent Rank. — Unless he registers his objection in writing, the local treasurer, accountant, budget officer, or other accountable officer shall not be relieved of liability for illegal or improper use or application or deposit of government funds or property by reason of his having acted upon the direction of a superior officer, elective or appointive, or upon participation of other department heads or officers of equivalent rank. The superior officer directing, or the department head participating in such illegal or improper use or application or deposit of government funds or property, shall be jointly and severally liable with the local treasurer, accountant, budget officer, or other accountable officer for the sum or property so illegally or improperly used, applied or deposited. Sec343. Prohibition Against Expenses for Reception and Entertainment. — No money shall be appropriated, used, or paid for entertainment or reception except to the extent of the representation allowances authorized by law or for the reception of visiting dignitaries of foreign governments or foreign missions, or when expressly authorized by the President in specific cases. Sec344. Certification, and Approval of, Vouchers. — No money shall be disbursed unless the local budget officer certifies to the existence of appropriation that has been legally made for the purpose, the local accountant has obligated said appropriation, and the local treasurer certifies to the availability of funds for the

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER purpose. Vouchers and payrolls shall be certified to and approved by the head of the department or office who has administrative control of the fund concerned, as to validity, propriety, and legality of the claim involved. Except in cases of disbursements involving regularly recurring administrative expenses such as payrolls for regular or permanent employees, expenses for light, water, telephone and telegraph services, remittances to government creditor agencies such as GSIS, SSS, LDP, DBP, National Printing Office, Procurement Service of the DBM and others, approval of the disbursement voucher by the local chief executive himself shall be required whenever local funds are disbursed. In cases of special or trust funds, disbursements shall be approved by the administrator of the fund. In case of temporary absence or incapacity of the department head or chief of office, the officer next-in-rank shall automatically perform his function and he shall be fully responsible therefor. Sec345. Officials Authorized to Draw Checks in Settlement of Obligations. — Checks in obligations shall be drawn by the local treasurer and countersigned by the local administrator. In case of temporary absence or incapacity of the foregoing officials, these duties shall devolve upon their immediate assistants. Sec346. Disbursements of Local Funds and Statement of Accounts. — Disbursements shall be made in accordance with the ordinance authorizing the annual or supplemental appropriations without the prior approval of the sanggunian concerned. Within thirty (30) days after the close of each month, the local accountant shall furnish the sanggunian with such financial statements as may be prescribed by the Commission on Audit. In the case of the year-end statement of accounts, the period shall be sixty (60) days after the thirty-first (31st) of December. Sec347. Rendition of Accounts. — Local treasurers, accountants and other local accountable officers shall render their accounts within such time, in such form, style, and content and under such regulations as the Commission on Audit may prescribe. Provincial, city, and municipal auditors shall certify the balances arising in the accounts settled by them to the Chairman of the Commission on Audit and to the local treasurer, accountant, and other accountable officers. Copies of the certification shall be prepared and furnished other local officers who may be held jointly and severally liable for any loss or illegal, improper or unauthorized use or misappropriation of local funds or property. Sec348. Auditorial Visitation. — The books, accounts, papers, and cash of local treasurer, accountant, budget officer, or other accountable officers shall at all times be open for inspection of the Commission on Audit or its duly authorized representative. In case an examination of the accounts of a local treasurer discloses a shortage in cash which should be on hand, it shall be the duty of the examining officer to seize the office and its contents, notify the Commission on Audit, the local chief executive concerned, and the local accountant. Thereupon, the examining officer shall immediately turn over to the accountable

CA VE AT:

- 261 officer next-in-rank in the local treasury service, unless the said officer is likewise under investigation, the office of the treasurer and its contents, and close and render his accounts on the date of turnover. In case the accountable officer next in rank is under investigation, the auditor shall take full possession of the office and its contents, close and render his accounts on the date of taking possession, and temporarily continue the public business of such office until such time that the local treasurer is restored or a successor has been duly designated. The local treasurer or accountable officer found with such shortage shall be automatically suspended from office.

Sec349. Accounting for Revenues. — Estimated revenues which remain unrealized at the close of the fiscal year shall not be booked or credited to the unappropriated surplus or any other account. Sec350. Accounting for Obligations. — All lawful expenditures and obligations incurred during a fiscal year shall be taken up in the accounts of that year. Sec351. General Liability for Unlawful Expenditures. — Expenditures of funds or use of property in violation of this Title and other laws shall be a personal liability of the official or employee responsible therefor. Sec352. Posting of the Summary of Income and Expenditures. — Local treasurers, accountants, budget officers, and other accountable officers shall, within thirty (30) days from the end of the fiscal year, post in at least three (3) publicly accessible and conspicuous places in the local government unit a summary of all revenues collected and funds received including the appropriations and disbursements of such funds during the preceding fiscal year. Sec353. The Official Fiscal Year. — The official fiscal year of local government units shall be the period beginning with the first day of January and ending with the thirty-first day of December of the same year. Sec354. Administrative Issuances; Budget Operations Manual. — The Secretary of Budget and Management jointly with the Chairman of the Commission on Audit shall, within one (1) year from the effectivity of this Code, promulgate a Budget Operations Manual for local government units to improve and systematize methods, techniques, and procedures employed in budget preparation, authorization, execution, and accountability.

Malonzo v. Zamora (1999) The Sangguniang Panlungsod passed Ordinance 246 which increased the appropriated amount to be used for the expropriation of the Maysilo Estate. The city govt. failed to conclude a voluntary sale. A suit for eminent domain was filed against CLT. Caloocan Legal Officer informed Mayor through a lettermemorandum of a pending interpleader case involving the land.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER He recommended that pending the final determination and resolution of the same, the expropriation of the land be cancelled and/or abandoned. Vice Mayor wrote Mayor requesting the immediate repair and renovation of the offices of the incoming councilors and the hiring of add’l personnel Mayor endorsed letter to the City Treasurer who manifested through a memorandum that since the expropriation of the land is discontinued, the appropriation for expropriation of 50 M can be reverted for use in a supplemental budget. Mayor endorsed Supplemental Budget to Sanggunian which then passed Ordinance 254. An admin complaint was filed against city officials before OP. Held: The petitioners are not guilty of misconduct due to the alleged irregularity of Ordinance 254. OP’s reliance on SEC 322 LGC is misplaced as the CAB is not a question of WON the appropriations fall under the def. of capital outlay or continuing appropriations. Issue is WON pets. are liable in regard to the ordinance which realigned part of the 50 M which was denominated in a general manner as “Expropriation Properties” and classified as “Current Operating Expenditures” in the 1998 Annual Budget of Caloocan. Clearly these two amounts are distinct. 5O M was appropriated NOT for the purpose of purchasing lot 26 but for expenses incidental to expropriation. Amount appropriated under Ord 246 still subsists and is not lumped with other funds to arrive at the 50 M allocated in the 1998 budget. The 50M can be realigned. Realignments are not allowed only if cont. appropriations or capital outlays are involved. The 50 M was classified as a current operating expenditure by the local council. It cannot be said then that Ord.0254 was enacted without funds actually available.

RA 8185 (1996) - An Act Amending Section 324 (D) Of LGC Sec1. Section 324(d) of Republic Act No. 7160 is hereby amended to read as follows: "(d) Five percent (5%) of the estimated revenue from regular sources shall be set aside as annual lump sum appropriations for relief, rehabilitation, reconstruction and other works or services in connection with calamities which may occur during the budget year. Provided, however, That such fund shall be used only in the area, or a portion thereof, of the local government unit or other areas affected by a disaster or calamity, as determined and declared by the local sanggunian concerned. "Calamity shall be defined as a state of extreme distress or misfortune, produced by some adverse circumstance or event or any great misfortune or cause or loss or misery caused by natural forces.

CA VE AT:

- 262 "In case of fire or conflagration, the calamity fund shall be utilized only for relief operations. "The local development council shall more monitor the use and disbursement of the calamity fund."

Property and Supply Management in the Local Government Units Sec355. Scope. — This Title shall govern the procurement, care, utilization, custody, and disposal of supplies, as defined herein, by local government units and the other aspects of supply management at the local levels. Sec356. General Rule in Procurement or Disposal. — Except as otherwise provided herein, acquisition of supplies by local government units shall be through competitive public bidding. Supplies which have become unserviceable or no longer needed shall be sold, whenever applicable, at public auction, subject to applicable rules and regulations. Sec357. Definition of Terms. — When used in this Title, the term — (a) "Lowest Complying and Responsible Bid" refers to the proposal of one who offers the lowest price, meets all the technical specifications and requirements of the supplies desired and, as a dealer in the line of supplies involved, maintains a regular establishment, and has complied consistently with previous commitments; (b) "Suitable Substitute" refers to that kind of article which would serve substantially the same purpose or produce substantially the same results as the brand, type, or make of article originally desired or requisitioned; (c) "Supplies" includes everything, except real property, which may be needed in the transaction of public business or in the pursuit of any undertaking, project, or activity, whether in the nature of equipment, furniture, stationary materials for construction or personal property of any sort, including nonpersonal or contractual services such as the repair and maintenance of equipment and furniture, as well as trucking, hauling, janitorial, security, and related services; and (d) "Terms and Conditions" refer to other requirements not affecting the technical specifications and requirements of the required supplies desired such as bonding, terms of delivery and payment, and related preferences. Sec358. Requirement of Requisition. — Any order for supplies shall be filled by the provincial or city general services officer or the municipal or barangay treasurer concerned, as the case may be, for any office or department of a local government unit only upon written requisition as hereinafter provided. Sec359. Officers Having Authority to Draw Requisitions. — Requisitions shall be prepared by the head of office or department needing the supplies, who shall certify as to their necessity for official use and specify the project or activity where the supplies are to be used.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Sec360. Certification by the Local Budget Officer, Accountant, and Treasurer. — Every requisition must be accompanied by a certificate signed by the local budget officer, the local accountant, and the local treasurer showing that an appropriation therefor exists, the estimated amount of such expenditure has been obligated, and the funds are available for the purpose, respectively. Sec361. Approval of Requisitions. — Approval of the requisition by the head of office or department concerned who has administrative control of the appropriation against which the proposed expenditure is chargeable is deemed sufficient, except in case of requisition r supplies to be carried in stock which shall be approved by the local chief executive concerned: Provided, That such supplies are listed or included in the annual procurement plan and the maximum quantity thereof does not exceed the estimated consumption corresponding to a programmed three-month period: Provided, further, That nothing herein contained shall be held as authorizing the purchase of furniture and equipment for stock purposes. Sec362. Call for Bids. — When procurement is to be made by local government units, the provincial or city general services officer or the municipal or barangay treasurer shall call bids for open public competition. The call for bids shall show the complete specifications and technical descriptions of the required supplies and shall embody all terms and conditions of participation and award, terms of delivery and payment, and all other covenants affecting the transaction. In all calls for bids, the right to waive any defect in the tender as well as the right to accept the bid most advantageous to the government shall be reserved. In no case, however, shall failure to meet the specifications or technical requirements of the supplies desired be awarded. Sec363. Publication of Call for Bids. — The call for bids shall be given the widest publicity possible, sending, by mail or otherwise, any known prospective participant in the locality, of copies of the call and by posting copies of the same in at least three (3) publicly accessible and conspicuous places in the provincial capitol or city, municipal, or barangay hall, as the case may be. The notice of the bidding may likewise be published in a newspaper of general circulation in the territorial jurisdiction of the local government unit concerned when the provincial or city general services officer or the municipal or barangay treasurer, as the case may be, deems it necessary in order to obtain the lowest responsible and complying bid. The opening of bids shall only be made in the presence of the provincial or city auditor or his duly authorized representative who shall initial and secure copies of the bids and certify the abstract of the bidding. Sec364. The Committee on Awards. — There shall be in every province, city or municipality a committee on awards to decide the winning bids and questions of awards on procurement and disposal of property.

CA VE AT:

- 263 The Committee on Awards shall be composed of the local chief executive as chairman, the local treasurer, the local accountant, the local budget officer, the local general services officer, and the head of office or department for whose use the supplies are being procured, as members. In case a head of office or department would sit in a dual capacity, a member of the sanggunian elected from among its members shall sit as a member. The committee on awards at the barangay level shall be the sangguniang barangay. No national official shall sit as a member of the committee on awards. The results of the bidding shall be made public by conspicuously posting the same in the provincial capitol or city, municipal, or barangay hall.

Sec365. Rule on Awards. — Awards in the procurement of supplies shall be given to the lowest complying and responsible bid which meets all the terms and conditions of the contract or undertaking. Sec366. Procurement Without Public Bidding. — Procurement of supplies may be made without the benefit of public bidding under any of the following modes: (a) Personal canvass of responsible merchants; (b) Emergency purchase; (c) Negotiated purchase; (d) Direct purchase from manufacturers or exclusive distributors; and (e) Purchase from other government entities. Sec367. Procurement through Personal Canvass. — Upon approval by the Committee on Awards, procurement of supplies may be effected after personal canvass of at least three (3) responsible suppliers in the locality by a committee of three (3) composed of the local services officer or the municipal or barangay treasurer, as the case may be, the local accountant, and the head of office or department for whose use the supplies are being procured. The award shall be decided by the Committee on Awards. Purchases under this Section shall not exceed the amounts specified hereunder for all items in any one (1) month for each local government unit: Provinces and Cities and Municipalities within the Metropolitan Manila Area: First and Second Class — One hundred fifty thousand pesos (P150,000.00) Third and Fourth Class — One hundred thousand pesos (P100,000.00) Fifth and Sixth Class — Fifty thousand pesos (P50,000.00) Municipalities: First Class — Sixty thousand pesos (P60,000.00) Second and Third Class — Forty thousand pesos (P40,000.00) Fourth Class and Below — Twenty thousand pesos (P20,000.00) Sec368. Emergency Purchase. — In cases of emergency where the need for the supplies is exceptionally urgent or absolutely

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER indispensable and only to prevent imminent danger to, or loss of, life or property, local government units may, through the local chief executive concerned, make emergency purchases or place repair orders, regardless of amount, without public bidding. Delivery of purchase orders or utilization of repair orders pursuant to this Section shall be made within ten (10) days after placement of the same. Immediately after the emergency purchase or repair order is made, the chief of office or department making the emergency purchase or repair order shall draw a regular requisition to cover the same which shall contain the following: (a) A complete description of the supplies acquired or the work done or to be performed; (b) By whom furnished or executed; (c) Date of placing the order and the date and time of delivery or execution; (d) The unit price and the total contract price; (e) A brief and concise explanation of the circumstances why procurement was of such urgency that the same could not be done through the regular course without involving danger to, or loss of, life or property; (f) A certification of the provincial or city general services or the municipal or barangay treasurer, as the case may be, to the effect that the price paid or contracted for was the lowest at the time of procurement; and (g) A certification of the local budget officer as to the existence of appropriations for the purpose, the local accountant as to the obligation of the amount involved, and the local treasurer as to the availability of funds. The goods or services procured under this Section must be utilized or availed of within fifteen (15) days from the date of delivery or availability. Without prejudice to criminal prosecution under applicable laws, the local chief executive, the head of department, or the chief of office making the procurement shall be administratively liable for any violation of this Section and shall be a ground for suspension or dismissal from service. Sec369. Negotiated Purchase. — (a) In cases where public biddings have failed for two (2) consecutive times and no suppliers have qualified to participate or win in the biddings, local government units may, through the local chief executive concerned, undertake the procurement of supplies by negotiated purchase, regardless of amount, without public bidding: Provided, however, That the contract covering the negotiated purchase shall be approved by the sanggunian concerned. Delivery of purchase orders or utilization of repair orders pursuant to this Section shall be made within seven (7) days after placement of the same. Immediately after the negotiated purchase or repair order is made, the local chief executive concerned shall draw a regular requisition to cover the same which shall contain the following: (1) A complete description of the supplies acquired or the work done or to be performed; (2) By whom furnished or executed; (3) Date of placing the order and the date and time of delivery or execution; (4) The unit price and the total contract price;

CA VE AT:

- 264 A certification of the provincial or city general services of the municipal or barangay treasurer, as the case may be, to the effect that the price paid or contracted for was the lowest at the time of procurement; (6) A certification to the effect that the price paid or contracted for was the lowest at the time of procurement; and (7) A certification of the local budget officer as to the existence of appropriations for the purpose, the local accountant as to the obligation of the amount involved, and the local treasurer as to the availability of funds. (b) In case of repeat orders for regular supplies, procurement may be made by negotiated purchase: Provided, That the repeat order is made within three (3) months from the last procurement of the same item: Provided, further, That the same terms and conditions of sale are obtained for the said repeat order. (5)

Sec370. Procurement from Duly Licensed Manufacturer. — Procurement may be made directly from duly licensed manufacturers in cases of supplies of Philippine manufacture or origin and in case there are two (2) or more manufacturers shall be conducted to obtain the lowest price for the quality of the said supplies. Sec371. Procurement from Exclusive Philippine Agents or Distributors. — Procurement may, in the case of supplies of foreign origin, preferably be made directly from the exclusive or reputable Philippine distributors or agents, subject to the following conditions: (a) That the Philippine distributor has no subdealers selling at lower prices; and (b) That no suitable substitutes or substantially the same quality are available at lower prices. Sec372. Procurement from Government Entities. — Procurement may be made directly from the government entities producing the required supplies, including units or agencies of foreign governments with which the Philippines maintains diplomatic relations. In the latter case, prior authority from the Office of the President shall be required. Sec373. Annual Procurement Program. — (a) On or before the fifteenth (15th) day of July each year, the local chief executive shall prepare an annual procurement program for the ensuing fiscal year which shall contain an itemized list of the estimated quantity of supplies needed for such year, a complete description thereof as to kind, quality, estimated cost, and balance on hand: Provided, however, That the total estimated cost of the approved annual procurement program shall not exceed the total appropriations authorized for the acquisition of supplies. The local government units may augment the supplies and equipment provided by the Supreme Court to the lower courts located in their respective jurisdictions. (b) Except in emergency cases or where urgent indispensable needs could not have been reasonably anticipated, no purchase of supplies shall be made unless included in. or covered by, the approved procurement program.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER (c) The conversion of excess cash into supplies stock is hereby prohibited except to the extent of the kind and quantity specified in the approved annual procurement plan. A violation of this Section shall be a ground for suspension or dismissal of any political or employee responsible therefor. Sec374. Establishment of an Archival System. — Every local government unit shall provide for the establishment of archival system to ensure the safety and protection of all government property, public documents or records such as records of births, marriages, property inventory, land assessments, land ownership, tax payments, tax accounts, and business permits, and such other records or documents of public interest in the various departments and offices of the provincial, city, or municipal government concerned. Sec375. Primary and Secondary Accountability for Government Property. — (a) Each head of department or office of a province, city, municipality or barangay shall be primarily accountable for all government property assigned or issued to his department or office. The person or persons entrusted with the possession or custody of government property under the accountability of any head of department or office shall be immediately accountable to such officer. (b) The head of a department or office primarily accountable for government property may require any person in possession of the property or having custody and control thereof under him to keep such records and make reports as may be necessary for his own information and protection. (c) Buildings and other physical structures shall be under the accountability and responsibility of the provincial or city general services officer or the municipal mayor or punong barangay, as the case may be. (d) Every officer primarily accountable for government property shall keep a complete record of all properties under his charge and render his accounts therefor semiannually to the provincial or city general services officer or the municipal mayor or punong barangay, as the case may be. Sec376. Responsibility for Proper Use and Care of Government Property. — The person in actual physical possession of government property or entrusted with its custody and control shall be responsible for its proper use and care and shall exercise due diligence in the utilization and safekeeping thereof. Sec377. Measure of Liability of Persons Accountable for Government Property. — (a) The person immediately accountable for government property shall be liable for its money value in case of the illegal, improper or unauthorized use or misapplication thereof, by himself or any other person for whose acts he may be responsible, and he shall be liable for all loss, damage, or deterioration occasioned by negligence in the keeping or use of property unless it is proved that he has exercised due diligence and care in the utilization and safekeeping thereof.

CA VE AT:

- 265 (b) Unless he registers his objection in writing, an accountable person shall not be relieved from liability by reason of his having acted under the direction of a superior officer in using property with which he is chargeable; but the officer directing any illegal, unauthorized or improper use of property shall first be required to answer therefor. (c) In cases of loss, damage, or deterioration of government property arising from, or attributable to, negligence in security, the head of the security agency shall be held liable therefor.

Sec378. Credit for Loss Occurring in Transit or Due to Casualty. — When a loss of government property occurs while the same is in transit or is caused by fire, theft, force majeure, or other casualty, the officer accountable therefor or having custody thereof shall immediately notify the provincial or city auditor concerned within thirty (30) days from the date the loss occurred or for such longer period as the provincial, city or municipal auditor, as the case may be, may in the particular case allow, and he shall present his application for relief, with the available evidence in support thereof. An officer who fails to comply with this requirement shall not be relieved of liability or allowed credit for any such loss in the settlement of his accounts. A provincial, city or municipal auditor shall not allow credit for these losses unless so expressly authorized by the Chairman of the Commission on Audit, to the exercised only if the loss is not in excess of fifty thousand pesos (P50,000.00). In any case when the allowance of credit is not within the competence of the provincial, city or municipal auditor, the application and evidence, with the recommendation of the auditor concerned, shall be forwarded to the Chairman of the Commission on Audit for his appropriate action. Sec379. Property Disposal. — When property of any local government unit has become unserviceable for any cause or is no longer needed, it shall upon application of the officer accountable therefor, be inspected and appraised by the provincial, city or municipal auditor, as the case may be, or his duly authorized representative or that of the Commission on Audit and, if found valueless or unusable, shall be destroyed in the presence of the inspecting officer. If found valuable, the same shall be sold at public auction to the highest bidder under the supervision of the committee on awards and in the presence of the provincial, city or municipal auditor or his duly authorized representative. Notice of the public auction shall be posted in at least three (3) publicly accessible and conspicuous places, and if the acquisition cost exceeds One hundred thousand pesos (P100,000.00) in the case of provinces and cities, and Fifty thousand pesos (P50,000.00) in the case of municipalities, notice of auction shall be published at least two (2) times within a reasonable period in a newspaper of general circulation in the locality. Sec380. Negotiated Sale of Property. — Property no longer needed may also be disposed of at a private sale at such price as may be determined by the committee on awards, subject to the approval of the Commission on Audit or its duly authorized

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER representative when the acquisition or transfer cost of the property exceeds Fifty thousand pesos (P50,000.00) in the case of provinces and cities, and Twenty-five thousand pesos (P25,000.00) in the case of municipalities and barangays. In case of real property, the disposal shall be subject to the approval of the Commission on Audit regardless of the value or cost involved.

- 266 law which requires that the said valuation is a condition sine qua non for the validity of a donation. There being a perfected contract, it cannot be revoked without the consent of the other party.

Sec381. Transfer Without Cost. — Property which has become unserviceable or is no longer needed may be transferred without cost to another office, agency, subdivision or instrumentality of the national government or another local government unit at an appraised valuation determined by the local committee on awards. Such transfer shall be subject to the approval of the sanggunian concerned making the transfer and by the head of the office, agency, subdivision, instrumentality or local government unit receiving the property. Sec382. Tax Exemption Privileges of Local Government Units. — Local government units shall be exempt from the payment of duties and taxes for the importation of heavy equipment or machineries which shall be used for the construction, improvement, repair, and maintenance of roads, bridges and other infrastructure projects, as well as garbage trucks, fire trucks, and other similar equipment: Provided, however, That such equipment or machineries shall not be disposed of, either by public auction or negotiated sale as hereinabove provided, within five (5) years from the importation thereof. In case the machinery or equipment is sold within the five-year period, the purchasers or recipients shall be considered the importers thereof, and shall be liable for duties and taxes computed on the book value of such importation. Sec383. Implementing Rules and Regulations. — The Chairman of the Commission on Audit shall promulgate the rules and regulations necessary to effectively implement the provisions of this Title, including requirements as to testing, inspection, and standardization of supply and property. GSIS v. Tarlac (2003) The Sangguniang Panlalawigan passed a resolution that authorized and approved the conversion of the athletic field into a government center, and the segregation and donation of portions of said land to different government agencies for the purpose of constructing or relocating their office buildings. GSIS availed of the offer and proceeded to issue a MOA whereby: Province of Tarlac donated the lot to the GSIS GSIS, in return, donated 2M to the province as financial assistance. Held: Sec. 381 does not expressly prohibit or declare void such transfers if an appraised valuation from the local committee on awards is not first acquired. There is no express provision in the

CA VE AT:

Masturbation: Tips for Guys (Part 5) -

-

Stroke only your shaft, ignoring the head, which will swell and turn red. When it's bright red and rock hard, stimulate it gently with your fingers. Lightly and slowly run a finger up the under side of your cock, gently pinching the sensitive vein underneath. Here's a complicated move from The Society for Human Sexuality: Take the penis in both hands, fingers lightly touching the sides of the shaft. In order to visualize the position, think of yourself holding a clarinet. Now flick the penis back and forth between your two hands by holding on to the loose skin of the shaft. Shuttling it back and forth in this manner may not seem incredibly thrilling at first, but pretty soon, as it builds up momentum, it will drive you out of your mind. Orgasms encountered via this method are sometimes messy, but always memorable.

If you've mastered these techniques and would like to try something different, consider purchasing an erection ring, which will delay and enhance your orgasm. You might also experiment with sex toys for men, such as penis pumps, virtual sheaths, masturbators and extenders. Try different kinds of lubrication, such as oil, water or silicone-based lubes. Start a collection of adult videos, magazines and other "inspirational" materials. Try masturbating with a pillow or other soft substance. Your possibilities are really limitless. Partner Masturbation Once you and your partner have reached a level of intimacy that allows both of you to feel comfortable discussing solo sex, you might enjoy practicing masturbation together, either on yourselves (mutual masturbation) or on one another (also

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER known as genital massage). Before you begin, discuss your upcoming experience. Find out if your partner would prefer to masturbate in front of you, or just massage your genitals. Always respect his or her wishes. There's plenty of time to try different things later on in your relationship. When you're both on the same wavelength about what you want, jump in and get started. Make an event of the experience: create a sensual, appealing environment in your bedroom by lighting candles, playing sensual music and showering together first. Relax on the bed and try any of the techniques described above. Don't focus on climaxing or giving your partner an orgasm. Just enjoy the experience and concentrate on finding the strokes that work best for both of you. Whatever your preferences, remember to vary your masturbation techniques. While it's great to know how to bring yourself to orgasm in 30 seconds or less, you're going to have a much more enjoyable experience if you romance yourself a little bit first. Take the time to have fun ... don't be "goal oriented." And do try a different stroke now and then. Just because one stimulation works well for you, doesn't mean something else won't feel great too! (end)

Par t I II: Local Go vernment Units The Barangay (Sec384-439) Barangay —basic political unit, serves as  the primary planning and implementing unit of government policies, plans, programs, projects, and activities in the community, forum wherein the collective views of the people may be expressed, crystallized and considered, and where disputes may be amicably settled. Manner of Creation. — may be created, divided, merged, abolished, or its boundary substantially altered, by law or by an ordinance of the sangguniang panlalawigan or panlungsod, subject to approval by a majority of the votes cast in a plebiscite to be conducted by the COMELEC in the local government unit or units directly affected within such period of time as may be determined by the law or ordinance creating said barangay. In the case of the creation of barangays by the sangguniang panlalawigan, the recommendation of the sangguniang bayan concerned shall be necessary. Requisites for Creation. —  a contiguous territory EXCEPT if it comprises two (2) or more islands. a population of at least 2,000 inhabitants (5,000 in cities and municipalities within Metro Manila and other metropolitan political subdivisions or in highly urbanized cities Provided, That the creation thereof shall not reduce the population of the original barangay or barangays to less than the minimum requirement prescribed herein.

CA VE AT:

- 267 -

Barangay Officials and Offices punong barangay, (7) sangguniang barangay members, sangguniang kabataan chairman,  barangay secretary, barangay treasurer. lupong tagapamayapa. Persons in Authority (For purposes of the Revised Penal Code)  the punong barangay  sangguniang barangay members  members of the lupong tagapamayapa  other barangay officials and members who may be designated by law or ordinance and charged with the maintenance of public order, protection and security of life and property, or the maintenance of a desirable and balanced environment  any barangay member who comes to the aid of persons in authority, shall be deemed agents of persons in authority. The Punong Barangay - Chief Executive shall exercise such powers and perform such duties and functions, as provided by this Code and other laws.  FOR efficient, effective and economical governance, the purpose of which is the general welfare of the barangay and its inhabitants pursuant to Section 16 of this Code, the punong barangay shall: (1) Enforce all laws and ordinances which are applicable within the barangay; (2) Negotiate, enter into, and sign contracts for and in behalf of the barangay, upon authorization of the sangguniang barangay; (3) Maintain public order in the barangay and, in pursuance thereof, assist the city or municipal mayor and the sanggunian members in the performance of their duties and functions; (4) Call and preside over the sessions of the sangguniang barangay and the barangay assembly, and vote only to break a tie; (5) Upon approval by a majority of all the members of the sangguniang barangay, appoint or replace the barangay treasurer, the barangay secretary, and other appointive barangay officials; (6) Organize and lead an emergency group whenever the same may be necessary for the maintenance of peace and order or on occasions of emergency or calamity within the barangay; (7) In coordination with the barangay development council, prepare the annual executive and supplemental budgets of the barangay; (8) Approve vouchers relating to the disbursement of barangay funds; (9) Enforce laws and regulations relating to pollution control and protection of the environment;

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER (10)

Administer the operation of the katarungang pambarangay in accordance with the provisions of this Code; (11) Exercise general supervision over the activities of the sangguniang kabataan; (12) Ensure the delivery of basic services as mandated under Section 17 of this Code; (13) Conduct an annual palarong barangay which shall feature traditional sports and disciplines included in national and international games, in coordination with the Department of Education, Culture and Sports; (14) Promote the general welfare of the barangay; and (15) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance. In the performance of his peace and order functions. the punong barangay shall be entitled to possess and carry the necessary firearm within his territorial jurisdiction, subject to appropriate rules and regulations. The Sangguniang Barangay  the legislative body of the barangay, shall be composed of the punong barangay as presiding officer, and the 7 regular sangguniang barangay members elected at large and sangguniang kabataan chairman, as members. As legislative body, enact ordinances as may be necessary to discharge the responsibilities conferred upon it by law or ordinance and to promote the general welfare of the inhabitants therein; by law or ordinance. Other Duties of Sangguniang Barangay Members Assist the punong barangay in the discharge of his duties and functions; Act as peace officers in the maintenance of public order and safety; and Perform such other duties and functions as the punong barangay may delegate. Benefits of Barangay Officials. — honoraria, allowances, and such other emoluments as may be authorized by law or barangay Christmas bonus of at least One thousand pesos (P1,000.00) insurance coverage free medical care including subsistence, medicines, and medical attendance in any gov’t hospital or institution exempted during their incumbency from paying tuition and matriculation fees for their legitimate dependent children attending state colleges or universities.  appropriate civil service eligibility on the basis of the number of years  Elective barangay officials shall have preference in appointments to any government position or GOCC’s  members of the barangay tanod brigades, (not more than 20) in each barangay, shall be granted insurance or other benefits during their incumbency

CA VE AT:

- 268 Appointive Barangay Officials: Barangay Secretary and Barangay Treasurer  appointed by the punong barangay with the concurrence of the majority of all the sangguniang barangay members. The appointment of the barangay secretary shall not be subject to attestation by the Civil Service Commission.  shall be of legal age, a qualified voter and an actual resident of the barangay concerned.  not a sangguniang barangay member, a gov’t employee, or a relative of the punong barangay within the fourth civil degree of consanguinity of affinity.  barangay treasurer shall be bonded in an amount to be determined by the sangguniang barangay but not exceeding Ten thousand pesos Barangay Assembly  composed of all persons who are actual residents of the barangay for at least six (6) months, fifteen (15) years of age or over, citizens of the Philippines, and duly registered in the list of barangay assembly members.  meet at least twice a year to hear and discuss the semestral report of the sangguniang barangay concerning its activities and finances as well as problems affecting the barangay upon call of the punong barangay or of at least four (4) members of the sangguniang barangay, or upon written petition of at least five percent (5%) of the assembly members. 1 wk prior written notice to meeting needed except on matters involving public safety or security, in which case notice within a reasonable time shall be sufficient Powers of the Barangay Assembly. (a) Initiate legislative processes by recommending to the sangguniang barangay the adoption of measures for the welfare of the barangay and the city or municipality concerned; (b) Decide on the adoption of initiative as a legal process whereby the registered voters of the barangay may directly propose, enact, or amend any ordinance; and (c) Hear and pass upon the semestral report of the sangguniang barangay concerning its activities and finances.

RA 8441 (1997) - An Act Increasing The Cash Gift To Five Thousand Pesos (P5,000.00), Amending For The Purpose Certain Sections Of RA6686, And For Other Purposes Sec4. Section 4 of Republic Act No. 6686 is hereby amended to read as follows: "SEC. 4. All officials and employees of local government units may receive the same benefits as are provided under Sections 1 and 2 of this Act chargeable against their respective local funds. For CY 1997, local government units (municipalities, cities and provinces) may realign their budgets to give priority to the funding requirements under this Act and any deficiency may be booked as accounts payable to be paid on a first priority basis in succeeding years."

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER RA 9178 (2002) - Barangay Micro Business Enterprises (BMBEs) Act of 2002." Declaration of Policy. — It is hereby declared to be the policy of the State to hasten the country's economic development by encouraging the formation and growth of barangay micro business enterprises which effectively serve as seedbeds of Filipino entrepreneurial talents, and integrating those in the informal sector with the mainstream economy, through the rationalization of bureaucratic restrictions, the active intervention of the government specially in the local level, and the granting of incentives and benefits to generate much-needed employment and alleviate poverty. ***Barangay Micro Business Enterprise (BMBE) - refers to any business entity or enterprise engaged in the production, processing or manufacturing of products or commodities, including agro-processing, trading and services, whose total assets including those arising from loans but exclusive of the land on which the particular business entity's office, plant and equipment are situated, shall not be more than Three Million Pesos (P3,000,000.00). REGISTRATION AND OPERATION OF BMBEs The Office of the Treasurer of each city or municipality shall register the BMBEs and issue a Certificate of Authority to enable the BMBE to avail of the benefits under this Act. Any such application shall be processed within fifteen (15) working days upon submission of complete documents. Otherwise, the BMBEs shall be deemed registered. The Certificate of Authority shall be effective for a period of 2 years, renewable for a period of two (2) years for every renewal. Who are Eligible to Register. — Any person, natural or juridical, or cooperative, or association, having the qualifications as defined hereof (see *** above) may apply for registration as BMBE. INCENTIVES AND BENEFITS Exemption from Taxes and Fees. Exemption from the Coverage of the Minimum Wage Law. Credit Delivery — LBP, DBP, the Small Business Guarantee and Finance Corporation (SBGFC), and the People's Credit and Finance Corporation (PCFC) shall set up a special credit window that will service the financing needs of BMBEs registered under this Act consistent with the Bangko Sentral ng Pilipinas (BSP) policies, rules and regulations. Technology Transfer, Production and Management Training, and Marketing Assistance. — P300Millionfrom PAGCOR

People vs. Recto (2001) An agent or person in authority is any person who by direct provision of law or by election, or by appointment by

CA VE AT:

- 269 competent authority, is charged with the maintenance of public order and the protection and security of life and property. Under RPC, Direct assault may be committed by any person/s who without a public uprising shall attack, employ force, or seriously intimidate or resist any person in authority or any of his agents while engaged in the performance of his official duties, or on occasion of such performance NOTES: SC emphasized on the fact that the tanod was on his way home. SIR: Since tanod is a person (agent) in authority, surrender to him is equivalent to a mitigating circumstance.

David vs. COMELEC (1997) Under Sec. 2 of RA 6653, the term of office of barangay officials shall be for 5 years. Sec. 43 of RA 7160 reduced the term of office of all local elective officials to 3 years. RA 7160 was enacted later than RA 6679. In case of an irreconcilable conflict between 2 laws of different vintages, the later law repeals an earlier one, because it is the later legislative will. The Constitution did not expressly prohibit Congress from fixing any term of office for barangay officials. It merely left the determination of such term to the lawmaking body, without any specific limitation or prohibition, thereby leaving to the lawmakers full discretion to fix such term in accordance with the exigencies of public service. NOTE: Sec 2 of RA 9164 provided that the term of office of barangay officials shall be for 3 years and that no barangay officials shall serve for more than 3 consecutive terms reckoning from the 1994 barangay elections.

Alquizola vs. Ocol (1999) Under Sec 389 LGCode, upon the approval by a majority of all the members of the SB, the punong brgy can appoint and replace the brgy treasurer, secretary and other appointive brgy oficicials. The term replace would obviously embrace not only the appointment of the replacement but also the prior removal of or vacation by, the official currently occupying the appointive position concerned. Since there is no other provision in the LGCode that treats of the power of Punong Brgy to remove the brgy appointive officials and the duration of their term of office has not been fixed by LGCode, it is a sound and useful rule to consider the power of removal as being an incident to the power of appointment.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Verily, the power of appointment is to be exercised conjointly by the punong brgy and a majority of all the members of the SB. W/out such conjoint action, neither an appointment nor a replacement can be effectual. To hold otherwise would create an absurd situation of the SB members refusing to give their approval to the replacements selected by the punong brgy who has unilaterally terminated the services of the incumbents.

Katarungang Pambarangay – LGC Sec399. Lupong Tagapamayapa. — (a) There is hereby created in each barangay a lupong tagapamayapa, hereinafter referred to as the lupon, composed of the punong barangay, as chairman and ten (10) to twenty (20) members. The lupon shall be constituted every three (3) years in the manner provided herein. (b) Any person actually residing or working, in the barangay, not otherwise expressly disqualified by law, and possessing integrity, impartiality, independence of mind, sense of fairness, and reputation for probity, may be appointed a member of the lupon. (c) A notice to constitute the lupon, which shall include the names of proposed members who have expressed their willingness to serve, shall be prepared by the punong barangay within the first fifteen (15) days from the start of his term of office. Such notice shall be posted in three (3) conspicuous places in the barangay continuously for a period of not less than three (3) weeks; (d) The punong barangay, taking into consideration any opposition to the proposed appointment or any recommendations for appointment as may have been made within the period of posting, shall within ten (10) days thereafter, appoint as members those whom he determines to be suitable therefor. Appointments shall be in writing, signed by the punong barangay, and attested to by the barangay secretary. (e) The list of appointed members shall be posted in three (3) conspicuous places in the barangay for the entire duration of their term of office; and (f) In barangays where majority of the inhabitants are members of indigenous cultural communities, local systems of settling disputes through their councils of datus or elders shall be recognized without prejudice to the applicable provisions of this Code. Sec400. Oath and Term of Office. — Upon appointment, each lupon member shall take an oath of office before the punong barangay. He shall hold office until a new lupon is constituted on the third year following his appointment unless sooner terminated by resignation, transfer of residence or place of work, or withdrawal of appointment by the punong barangay with the concurrence of the majority of all the members of the lupon. Sec401. Vacancies. — Should a vacancy occur in the lupon for any cause, the punong barangay shall immediately appoint a

CA VE AT:

- 270 qualified person who shall hold office only for the unexpired portion of the term.

Sec402. Functions of the Lupon. — The lupon shall: (a) Exercise administrative supervision over the conciliation panels provided herein; (b) Meet regularly once a month to provide a forum for exchange of ideas among its members and the public on matters relevant to the amicable settlement of disputes, and to enable various conciliation panel members to share with one another their observations and experiences in effecting speedy resolution of disputes; and (c) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance. Sec403. Secretary of the Lupon. — The barangay secretary shall concurrently serve as the secretary of the lupon. He shall record the results of mediation proceedings before the punong barangay and shall submit a report thereon to the proper city or municipal courts. He shall also receive and keep the records of proceedings submitted to him by the various conciliation panels. Sec404. Pangkat ng Tagapagkasundo. — (a) There shall be constituted for each dispute brought before the lupon a conciliation panel to be known as the pangkat ng tagapagkasundo, hereinafter referred to as the pangkat, consisting of three (3) members who shall be chosen by the parties to the dispute from the list of members of the lupon. Should the parties fail to agree on the pangkat membership, the same shall be determined by lots drawn by the lupon chairman. (b) The three (3) members constituting the pangkat shall elect from among themselves the chairman and the secretary. The secretary shall prepare the minutes of the pangkat proceedings and submit a copy duly attested to by the chairman to the lupon secretary and to the proper city or municipal court. He shall issue and cause to be served notices to the parties concerned. The lupon secretary shall issue certified true copies of any public record in his custody that is not by law otherwise declared confidential. Sec405. Vacancies in the Pangkat. — Any vacancy in the pangkat shall be chosen by the parties to the dispute from among the other lupon members. Should the parties fail to agree on a common choice, the vacancy shall be filled by lot to be drawn by the lupon chairman. Sec406. Character of Office and Service of Lupon Members. — (a) The lupon members, while in the performance of their official duties or on the occasion thereof, shall be deemed as persons in authority, as defined in the Revised Penal Code. (b) The lupon or pangkat members shall serve without compensation, except as provided for in Section 393 and without prejudice to incentives as provided for in this Section and in Book IV of this Code. The Department of the Interior and Local Government shall provide for a system of granting economic or other incentives to the lupon or pangkat members

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER who adequately demonstrate the ability to judiciously and expeditiously resolve cases referred to them. While in the performance of their duties, the lupon or pangkat members, whether in public or private employment, shall be deemed to be on official time, and shall not suffer from any diminution in compensation or allowance from said employment by reason thereof. Sec407. Legal Advice on Matters Involving Questions of Law. — The provincial, city legal officer or prosecutor or the municipal legal officer shall render legal advice on matters involving questions of law to the punong barangay or any lupon or pangkat member whenever necessary in the exercise of his functions in the administration of the katarungang pambarangay. Sec408. Subject Matter for Amicable Settlement; Exception Thereto. — The lupon of each barangay shall have authority to bring together the parties actually residing in the same city or municipality for amicable settlement of all disputes except: (a) Where one party is the government, or any subdivision or instrumentality thereof; (b) Where one party is a public officer or employee, and the dispute relates to the performance of his official functions; (c) Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding Five thousand pesos (P5,000.00); (d) Offenses where there is no private offended party; (e) Where the dispute involves real properties located in different cities or municipalities unless the parties thereto agree to submit their differences to amicable settlement by an appropriate lupon; (f) Disputes involving parties who actually reside in barangays of different cities or municipalities, except where such barangay units adjoin each other and the parties thereto agree to submit their differences to amicable settlement by an appropriate lupon; (g) Such other classes of disputes which the President may determine in the interest of Justice or upon the recommendation of the Secretary of Justice. The court in which non-criminal cases not falling within the authority of the lupon under this Code are filed may, at any time before trial motu propio refer the case to the lupon concerned for amicable settlement. Sec409. Venue. — (a) Disputes between persons actually residing in the same barangay shall be brought for amicable settlement before the lupon of said barangay. (b) Those involving actual residents of different barangays within the same city or municipality shall be brought in the barangay where the respondent or any of the respondents actually resides, at the election of the complaint. (c) All disputes involving real property or any interest therein shall be brought in the barangay where the real property or the larger portion thereof is situated. (d) Those arising at the workplace where the contending parties are employed or at the institution where such parties are enrolled for study, shall be brought in the barangay where such workplace or institution is located.

CA VE AT:

- 271 Objections to venue shall be raised in the mediation proceedings before the punong barangay; otherwise, the same shall be deemed waived. Any legal question which may confront the punong barangay in resolving objections to venue herein referred to may be submitted to the Secretary of Justice, or his duly designated representative, whose ruling thereon shall be binding.

Sec410. Procedure for Amicable Settlement. — (a) Who may initiate proceeding — Upon payment of the appropriate filing fee, any individual who has a cause of action against another individual involving any matter within the authority of the lupon may complain, orally or in writing, to the lupon chairman of the barangay. (b) Mediation by lupon chairman — Upon receipt of the complaint, the lupon chairman shall within the next working day summon the respondent(s), with notice to the complainant(s) for them and their witnesses to appear before him for a mediation of their conflicting interests. If he fails in his mediation effort within fifteen (15) days from the first meeting of the parties before him, he shall forthwith set a date for the constitution of the pangkat in accordance with the provisions of this Chapter. (c) Suspension of prescriptive period of offenses — While the dispute is under mediation, conciliation, or arbitration, the prescriptive periods for offenses and cause of action under existing laws shall be interrupted upon filing the complaint with the punong barangay. The prescriptive periods shall resume upon receipt by the complainant of the complainant or the certificate of repudiation or of the certification to file action issued by the lupon or pangkat secretary: Provided, however, That such interruption shall not exceed sixty (60) days from the filing of the complaint with the punong barangay. (d) Issuance of summons; hearing; grounds for disqualification — The pangkat shall convene not later than three (3) days from its constitution, on the day and hour set by the lupon chairman, to hear both parties and their witnesses, simplify issues, and explore all possibilities for amicable settlement. For this purpose, the pangkat may issue summons for the personal appearance of parties and witnesses before it. In the event that a party moves to disqualify any member of the pangkat by reason of relationship, bias, interest, or any other similar grounds discovered after the constitution of the pangkat, the matter shall be resolved by the affirmative vote of the majority of the pangkat whose decision shall be final. Should disqualification be decided upon, the resulting vacancy shall be filled as herein provided for. (e) Period to arrive at a settlement — The pangkat shall arrive at a settlement or resolution of the dispute within fifteen (15) days from the day it convenes in accordance with this section. This period shall, at the discretion of the pangkat, be extendible for another period which shall not exceed fifteen (15) days, except in clearly meritorious cases. Sec411. Form of settlement. — All amicable settlements shall be in writing, in a language or dialect known to the parties, signed by them, and attested to by the lupon chairman or the pangkat chairman, as the case may be. When the parties to the

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER dispute do not use the same language or dialect, the settlement shall be written in the language known to them. Sec412. Conciliation. — (a) Pre-condition to Filing of Complaint in Court. — No complaint, petition, action, or proceeding involving any matter within the authority of the lupon shall be filed or instituted directly in court or any other government office for adjudication, unless there has been a confrontation between the parties before the lupon chairman or the pangkat, and that no conciliation or settlement has been reached as certified by the lupon secretary or pangkat secretary as attested to by the lupon or pangkat chairman or unless the settlement has been repudiated by the parties thereto. (b) Where Parties May Go Directly to Court. — The parties may go directly to court in the following instances: (1) Where the accused is under detention; (2) Where a person has otherwise been deprived of personal liberty calling for habeas corpus proceedings; (3) Where actions are coupled with provisional remedies such as preliminary injunction, attachment, delivery of personal property and support pendente lite; and (4) Where the action may otherwise be barred by the statute of limitations. (c) Conciliation among members of indigenous cultural communities. — The customs and traditions of indigenous cultural communities shall be applied in settling disputes between members of the cultural communities. Sec413. Arbitration. — (a) The parties may, at any stage of the proceedings, agree in writing that they shall abide by the arbitration award of the lupon chairman or the pangkat. Such agreement to arbitrate may be repudiated within five (5) days from the date thereof for the same grounds and in accordance with the procedure hereinafter prescribed. The arbitration award shall be made after the lapse of the period for repudiation and within ten (10) days thereafter. (b) The arbitration award shall be in writing in a language or dialect known to the parties. When the parties to the dispute do not use the same language or dialect, the award shall be written in the language or dialect known to them. Sec414. Proceedings Open to the Public; Exception. — All proceedings for settlement shall be public and informal: Provided, however, That the lupon chairman or the pangkat chairman, as the case may be, may motu proprio or upon request of a party, exclude the public from the proceedings in the interest of privacy, decency, or public morals. Sec415. Appearance of Parties in Person. — In all katarungang pambarangay proceedings, the parties must appear in person without the assistance of counsel or representative, except for minors and incompetents who may be assisted by their next-of-kin who are not lawyers. Sec416. Effect of Amicable Settlement and Arbitration Award. — The amicable settlement and arbitration award shall

CA VE AT:

- 272 have the force and effect of a final judgment of a court upon the expiration of ten (10) days from the date thereof, unless repudiation of the settlement has been made or a petition to nullify the award has been filed before the proper city or municipal court. However, this provision shall not apply to court cases settled by the lupon under the last paragraph of Section 408 of this Code, in which case the compromise or the pangkat chairman shall be submitted to the court and upon approval thereof, have the force and effect of a judgment of said court.

Sec417. Execution. — The amicable settlement or arbitration award may be enforced by execution by the lupon within six (6) months from the date of the settlement. After the lapse of such time, the settlement may be enforced by action in the appropriate city or municipal court. Sec418. Repudiation. — Any party to the dispute may, within ten (10) days from the date of the settlement, repudiate the same by filing with the lupon chairman a statement to that effect sworn to before him, where the consent is vitiated by fraud, violence, or intimidation. Such repudiation shall be sufficient basis for the issuance of the certification for filing a complaint as hereinabove provided. Sec419. Transmittal of Settlement and Arbitration. — Award to the Court. — The secretary of the lupon shall transmit the settlement or the arbitration award to the appropriate city or municipal court within five (5) days from the date of the award or from the lapse of the ten-day period repudiating the settlement and shall furnish copies thereof to each of the parties to the settlement and the lupon chairman. Sec420. Power to Administer Oaths. — The punong barangay, as chairman of the lupong tagapamayapa, and the members of the pangkat are hereby authorized to administer oaths in connection with any matter relating to all proceedings in the implementation of the katarungang pambarangay. Sec421. Administration; Rules and Regulations. — The city or municipal mayor, as the case may be, shall see to the efficient and effective implementation and administration of the katarungang pambarangay. The Secretary of Justice shall promulgate the rules and regulations necessary to implement this Chapter. Sec422. Appropriations. — Such amount as may be necessary for the effective implementation of the katarungang pambarangay shall be provided for in the annual budget of the city or municipality concerned.

Supreme Court Administrative Circular No. 14-93 Guidelines on the Katarungang Pambarangay procedure to All RTC’s, MTC’s, MCTC’s MeTC’s

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

conciliation

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER I. All disputes are subject to Barangay conciliation pursuant to the Revised Katarungang Pambarangay Law and prior recourse thereto is a pre-condition before filing a complaint in court or any government offices, except in the following disputes: 1. Where one party is the government, or any subdivision or instrumentality thereof; 2. Where one party is a public officer or employee, and the dispute relates to the performance of his official functions; 3. Where the dispute involves real properties located in different cities and municipalities, unless the parties thereto agree to submit their difference to amicable settlement by an appropriate Lupon; 4. Any complaint by or against corporations, partnerships or juridical entities, since only individuals shall be parties to Barangay conciliation proceedings either as complainants or respondents (Sec. 1, Rule VI, Katarungang Pambarangay Rules); 5. Disputes involving parties who actually reside in barangays of different cities or municipalities, except where such barangay units adjoin each other and the parties thereto agree to submit their differences to amicable settlement by an appropriate Lupon; 6. Offenses for which the law prescribes a maximum penalty of imprisonment exceeding one (1) year or a fine over five thousand pesos (P5,000.00); 7. Offenses where there is no private offended party; 8. Disputes where urgent legal action is necessary to prevent injustice from being committed or further continued, specifically the following: a. Criminal cases where accused is under police custody or detention (See Sec. 412 (b)(1), Revised Katarungang Pambarangay Law); b. Petitions for habeas corpus by a person illegally deprived of his rightful custody over another or a person illegally deprived of his liberty or one acting in his behalf; c. Actions coupled with provisional remedies such as preliminary injunction, attachment, delivery of personal property and support during the pendency of the action; and d. Actions which may be barred by the Statute of Limitations. 9. Any class of disputes which the President may determine in the interest of justice or upon the recommendation of the Secretary of Justice; 10. Where the dispute arises from the Comprehensive Agrarian Reform Law (CARL) (Secs. 46 & 47, R.A. 6657); 11. Labor disputes or controversies arising from employer-employee relations (Montoya vs. Escayo, et al., 171 SCRA 442; Art. 226, Labor Code, as amended, which grants original and exclusive jurisdiction over conciliation and mediation of disputes, grievances or problems to certain offices of the Department of Labor and Employment); 12. Actions to annul judgment upon a compromise, which may be filed directly in court (See Sanchez vs. Tupaz, 158 SCRA 459). II. Under the provisions of R.A. 7160 on Katarungang Pambarangay conciliation, as implemented by the Katarungang Pambarangay Rules and Regulations promulgated by the

CA VE AT:

- 273 Secretary of Justice, the certification for filing a complaint in court or any government office shall be issued by Barangay authorities only upon compliance with the following requirements: 1. Issued by the Lupon Secretary and attested by the Lupon Chairman (Punong Barangay), certifying that a confrontation of the parties has taken place and that a conciliation or settlement has been reached, but the same has been subsequently repudiated (Sec. 412, Revised Katarungang Pambarangay Law; Sec. 2[h], Rule III, Katarungang Pambarangay Rules); 2. Issued by the Pangkat Secretary and attested by the Pangkat Chairman, certifying that: a. a confrontation of the parties took place but no conciliation/settlement has been reached (Sec. 4[f], Rule III, Katarungang Pambarangay Rules; or b. that no personal confrontation took place before the Pangkat through no fault of the complainant (Sec. 4[f], Rule III, Katarungang Pambarangay Rules). 3. Issued by the Punong Barangay, as requested by the proper party on the ground of failure of settlement where the dispute involves members of the same indigenous cultural community, which shall be settled in accordance with the customs and traditions of that particular cultural community, or where one or more of the parties to the aforesaid dispute belong to the minority and the parties mutually agreed to submit their dispute to the indigenous system of amicable settlement, and there has been no settlement as certified by the datu or tribal leader or elder to the Punong Barangay of the place of settlement (Secs. 1, 4, & 5, Rule IX, Katarungang Pambarangay Rules); and 4. If mediation or conciliation efforts before the Punong Barangay proved unsuccessful, there having been no agreement to arbitrate (Sec. 410 [b], Revised Rule Katarungang Pambarangay Lay; Sec. 1, c, (1), Rule III, Katarungang Pambarangay Rules), or where the respondent fails to appear at the mediation proceeding before the Punong Barangay (3rd par. Sec. 8, a, Rule VI, Katarungang Pambarangay Rules), the Punong Barangay shall not cause the issuance of this stage of a certification to file action, because it is now mandatory for him to constitute the Pangkat before whom mediation, conciliation, or arbitration proceedings shall be held. III. All complaints and/or informations filed or raffled to your sala/branch of the Regional Trial Court, Metropolitan Trial Court or Municipal Trial Court shall be carefully read and scrutinized to determine if there has been compliance with prior Barangay conciliation procedure under the Revised Katarungang Pambarangay Law and its Implementing Rules and Regulations, as a pre-condition to judicial action, particularly whether the certification to file action attached to the records of the case comply with the requirements hereinabove enumerated in par. II; IV. A case filed in court without compliance with prior Barangay conciliation which is a pre-condition for formal adjudication (Sec. 412[a] of the Revised Katarungang Pambarangay Law) may be dismissed upon motion of defendant/s, not for lack of jurisdiction of the court but for failure to state a cause of action or prematurity (Royales vs. IAC, 127 SCRA 470; Gonzales vs. CA, 151 SCRA 289), or the court may suspend proceedings upon petition of any

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER party under Sec. 1, Rule 21 of the Rules of Court; and refer the case motu propio to the appropriate Barangay authority, applying by analogy Sec. 408[g], 2nd par., of the Revised Katarungang Pambarangay Law which reads as follows: "The Court in which non-criminal cases not falling within the authority of the Lupon under this Code are filed may at any time before trial, motu proprio refer the case to the Lupon concerned for amicable settlement.

Morata vs. Go (1983) Facts: Go filed in the CFI a complaint against Morata for recovery of a sum of money plus damages. Morata filed MTD on the ground of failure to comply w/ PD1508 as well as absence of certification by the Lupon or Pangkat Secretary. Judge denied MTD holding that PD1508 applies only to cases falling under JD of inferior courts. Since the amount involved falls under JD of CFI, such law does nt apply. Issue: WON PD 1508 applies to actions not only by MTC’s but also by CFI’s (Now RTC) Held: Under the Katarungang Pambarangay Law, the Lupon has authority to settle amicably all types of disputes involving parties who actually reside in the same city or municipality. The law makes no distinction whatsoever with respect to the classes of civil disputes that should be compromised at the barangay level. To say that the authority of the Lupon is limited to cases exclusively cognizable by the inferior courts is to lose sight of its objective which is to ease congestion of dockets and worse, it would make the law a self-defeating one. (as parties can bloat up claim to make it go beyond JD of inferior courts)

Mendova vs. Afable (2002) Facts: Mendova had filed a complaint for slight physical injuries against Palada with the office of the Brgy Chairman but the parties failed to reach an amicable settlement as certified by the brgy chairman. Mendova then filed with MCTC the complaint for slight physical injuries. Afable dismissed ruling that the action has already prescribed (without considering that the filing of the case with the barangay tolled the prescriptive period. Mendova filed an administrative complaint against MCTC judge, Afable, for ignorance of the law. Issue: WON filing w/ the brgy tolls the prescriptive period Held: Yes. LGC provides that the filing with the barangay interrupts the prescriptive period, but it starts to run again upon receipt by the complainant of the Certification to File Action issued by the Pangkat Secretary.

Facts: Atayde et al filed a complaint w/ the brgy ca[pt for alleged injuries inflicted by Uy. Confrontation was scheduled by the Brgy Capt but only Uy appeared so it was reset. Thereafter, Atayde filed 2 infos for slight physical injuries. Uy filed MTD for non-compliance w/ requirement in PD 1508 on prior referral to the Lupong Tagapamayapa. Contreras denied MTD on the ground that the accused has already waived the right to a reconciliation proceedings. Issue: WON there was compliance w/ PD 1508 Held: Yes. Katarungang pambarangay was originally governed by PD1508 but was expressly repealed by the revision in the 1991 LGC. Sec of Justice promulgated Rules on KP to implement revised law – with 3 new significant features: a. necessary broadening of the jurisdiction of the lupon – authority in criminal offenses increased up to those offenses punishable by imprisonment not exceeding 1year or fine not exceeding 5,000P (from PD1508’s 30days and 200P) b. appropriate civil and criminal cases arising from incidents occurring in workplaces or institutions of learning shall be brought in barangay where workplace is located (Sec409(d), LGC) – c. 60day period for suspension of prescriptive periods – to maximize effectiveness of mediation, conciliation, or arbitration process and to afford parties sufficient time to cool off and face each other with less emotionalism and more objectivity.

Diu vs. CA (1995) Facts: Pagba purchased on credit various articles of merchandise from Diu's store but failed to pay despite repeated demands. DIU brought the matter before the Barangay Chairman and the latter set the case for hearing, When the case was again set for hearing, the parties appeared but they failed to reach an amicable settlement. Accordingly, the barangay chairman issued a Certification to File Action. DIU then filed their complaint for a sum of money before the MTC but it was dismissed. RTC reversed. CA reversed RTC holding that there had been no compliance w/ PD 1508. Issue: WON there was substantial compliance w/ 1508 Held: There was substantial compliance with the law. It is noteworthy that under Section 412 of the Local Government Code aforequoted, the confrontation before the lupon chairman OR the pangkat is sufficient compliance with the pre-condition for filing the case in court. IN CAB, while no pangkat was constituted, it is not denied that the parties met at the office of the barangay chairman for possible settlement. The efforts of the barangay chairman, however, proved futile as no agreement was reached. NOTES:

CA VE AT:

- 274 -

Uy vs. Contreras (1994)

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER SIR: But the SC Circular require us to go to Pangkat, therfor MANDATORY. Sec 410- is construed as mandatory V Sec 412- not meant to say that you can go to court straight after brgy

- 275 Looking at Secs. 2 and 3 of the LGC, it is clear that the Lupon shall have no jurisdiction over disputes where the parties are not actual residents of the same city or municipality, except where the barangays in which they actually reside adjoin each other. It is clear even from the Katarungang Pambarangay Rules (Rule VI) that recourse to barangay conciliation proceedings is not necessary where the parties do not reside in the same municipality or city or in adjoining barangays.

Boleyley vs. Villanueva (1999) Facts: Boleyley filed with the RTC-Baguio, a complaint against Surla for collection of a sum of money. Surla filed MTD on the ground that petitioner did not comply with the Revised Katarungan Pambarangay Law requiring as a condition for the filing of a complaint in court referral of the matter to the barangay lupon chairman or the pangkat, for conciliation or settlement. Boleyley opposes MTD on the ground that private respondent was not a resident of Baguio City so that the dispute involving the parties was not within the authority of the lupon to bring together for conciliation or settlement. Issue: WON the case should’ve been referred to brgy conciliation Held: No. In the complaint filed by petitioner with the RTC, it is obvious that the parties do not reside in the same city or municipality, and hence, the dispute is excepted from the requirement of referral to the barangay lupon or pangkat for conciliation or settlement prior to filing with the court. The allegation of defendant's actual residence would have been ideal to determine venue, which is plaintiff's choice of either his place of residence or that of the defendant or any of the principal defendants. "In procedural law, however, specifically for purposes of venue it has been held that the residence of a person is his personal, actual or physical habitation or his actual residence or place of abode, which may not necessarily be his legal residence or domicile provided he resides therein with continuity and consistency. Nevertheless, the complaint clearly implies that the parties do not reside in the same city or municipality.

Vercide vs. Judge Priscilla T. Hernandez (2000) Facts: Without referral to the Lupong Tagapamayapa, Vercide (Dipolog City) filed a complaint for recovery of possession of a piece of land located in Misamis Oriental against Galleros (Misamis Or). Judge Hernandez ordered the dismissal of the case for lack of said referral Held: Where parties do not reside in the same city or municipality or in adjoining barangays, there is no requirement for them to submit their dispute involving real property to the Lupong Tagapamayapa.

CA VE AT:

Heirs of Vinzons vs. CA (1999) Facts: There are 3 ejectment cases filed. The first 2 cases underwent barangay conciliation proceedings. The 3rd case did not. MTC and RTC ordered lessee to vacate premises and pay rent. CA reversed citing failure to Law (PD 1508); and lack of evidence of prior demand to vacate before instituting the complaint. Issue1: WON there was brgy conciliation proceedings Held: Yes, the case was correctly dismissed the for failure of the plaintiffs, the petitioners herein, to avail of the barangay conciliation process under PD 1508, preliminary to judicial recourse. There is no clear showing that it was brought before the Barangay Lupon or Pangkat of Barangay Daet, Camarines Norte, where the parties reside and the property subject of the case is situated, as there is no barangay certification to file action attached to the complaint. Issue2: WON the previous brgy conciliation proceedings are applicable to the present case Held: No. The 3rd case for unlawful detainer should have been coursed first to the barangay court. Petitioners cannot rely on the barangay conciliation proceedings held in the other cases and consider the same as compliance with the law.

NOTES: Sir: Evidence that conciliation proceedings have failed does not have to be presented as long as the certification to file action from barangay is attached to the pleadings. Q: can there be conciliation after filing of case in court? A: yes, court will dismiss the case w/out prejudice.

Idolor vs. CA (2001) Facts: To secure a loan Idolor executed in favor of Gumersindo de Guzman a Deed of Real Estate Mortgage with right of extrajudicial foreclosure upon failure to redeem the mortgage. De Guzman filed

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER a complaint against Idolor before the Office of the Bgy. Capt. which resulted in a “Kasunduang Pag-aayos”, Held: The compromise agreement has the force and effect of a final judgment. The Kasanduan merely gave life to the mortgage contract, which was then more than 2 years overdue. Evidently, it was executed to facilitate easy compliance by mortgagor with her mortgage obligation. It is not incompatible and can stand together with the mortgage contract. Q&A Question My husband and I occasionally use our camcorder to record our lovemaking sessions. We both enjoy viewing them later, and now have a small "greatest hits" collection. Recently, I started wondering about it. Is there anything we should be worried about, or can any harm come from doing this? Answer Since the advent of affordable camcorders (and now digital recorders), couples have enjoyed making movies of themselves engaged in various behaviors, including sex. It certainly can be a great turn-on, sort of like making your own personal porn flick. There is no harm in videotaping yourself and your husband engaging in sexual activities. Of course, some couples are surprised by what they see. Few of us look as good as the porn stars who are carefully made-up and filmed under perfect lighting. Plus, most individuals cannot keep up with the sexual athletics of these professionals. Just keep a good sense of humor, and remember that comparing yourself negatively would be akin to making a home movie of your family playing basketball and then being embarrassed that you can't shoot as well as Michael Jordan. The biggest thing you should be worried about is what happens to these tapes. It is not unheard of for people to accidentally return the wrong video to Blockbusters, or for kids looking for a blank tape to stumble upon mommy and daddy swinging from the chandelier. I highly suggest that you lock up your tapes in a secure place and make sure they are well labeled and kept track of. You also might want to make a deal with your spouse that under no circumstances will either of you ever make a copy or do anything with these tapes without the other's permission. But aside from these safeguards, enjoy yourselves and just hope that you don't have a nasty divorce and find your face (or much worse) plastered all over the Internet.

Sangguniang Kabataan CHAPTER VIII: Sangguniang Kabataan Sec423. Creation and Election. —

CA VE AT:

- 276 (a) There shall be in every barangay a sangguniang kabataan to be composed of a chairman, seven (7) members, a secretary, and a treasurer. (b) A sangguniang kabataan official who, during his term of office, shall have passed the age of twenty-one (21) years shall be allowed to serve the remaining portion of the term for which he was elected.

Sec424. Katipunan ng Kabataan. — The katipunan ng kabataan shall be composed of all citizens of the Philippines actually residing in the barangay for at least six (6) months, who are fifteen (15) but not more than twenty-one (21) years of age, and who are duly registered in the list of the sangguniang kabataan or in the official barangay list in the custody of the barangay secretary. Sec425. Meetings of the Katipunan ng Kabataan. — The katipunan ng kabataan shall meet at least once every three (3) months, or at the call of the chairman of the sangguniang kabataan or upon written petition of at least one-twentieth (1/20) of its members, to decide on important issues affecting the youth of the barangay. Sec426. Powers and Functions of the Sangguniang Kabataan. — The sangguniang kabataan shall: (a) Promulgate resolutions necessary to carry out the objectives of the youth in the barangay in accordance with the applicable provisions of this Code; (b) Initiate programs designed to enhance the social, political, economic, cultural, intellectual, moral, spiritual, and physical development of the members; (c) Hold fund-raising activities, the proceeds of which shall be tax-exempt and shall accrue to the general fund of the sangguniang kabataan: Provided, however, That in the appropriation thereof, the specific purpose for which such activity has been held shall be first satisfied; (d) Create such bodies or committees as it may deem necessary to effectively carry out its programs and activities; (e) Submit annual and end-of-term reports to the sangguniang barangay on their projects and activities for the survival and development of the youth in the barangay; (f) Consult and coordinate with all youth organizations in the barangay for policy formulation and program implementation; (g) Coordinate with the appropriate national agency for the implementation of youth development projects and programs at the national level; (h) Exercise such other powers and perform such other duties and functions as the sangguniang barangay may determine or delegate; and (i) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance. Sec427. Meetings of the Sangguniang Kabataan. — The sangguniang kabataan shall meet regularly once a month on the date, time, and place to be fixed by the said sanggunian. Special meetings may be called by the sangguniang kabataan chairman or any three (3) of its members by giving written notice

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER to all members of the date, time, place and agenda of the meeting at least one (1) day in advance. Notices of regular or special meetings shall be furnished the punong barangay and the sangguniang barangay. A majority of the members of the sangguniang kabataan shall constitute a quorum. Sec428. Qualifications. — An elective official of the sangguniang kabataan must be a citizen of the Philippines, a qualified voter of the katipunan ng kabataan, a resident of the barangay for at least one (1) year immediately prior to election, at least fifteen (15) years but not more than twenty- one (21) years of age on the day of his election, able to read and write Filipino, English, or the local dialect, and must not have been convicted of any crime involving moral turpitude. Sec429. Term of Office. — The sangguniang kabataan chairman and members shall hold office for a period of three (3) years, unless sooner removed for cause as provided by law, permanently incapacitated, die or resign from office. Sec430. Sangguniang Kabataan Chairman. — The registered voters of the katipunan ng kabataan shall elect the chairman of the sangguniang kabataan who shall automatically serve as an ex officio member of the sangguniang barangay upon his assumption to office. As such, he shall exercise the same powers, discharge the same duties and functions, and enjoy the same privileges as the regular sangguniang barangay members, and shall be the chairman of the committee on youth and sports development in the said sanggunian. Sec431. Powers and Duties of the Sangguniang Kabataan Chairman. — In addition to the duties which may be assigned to him by the sangguniang barangay, the sangguniang kabataan chairman shall: (a) Call and preside over all meetings of the katipunan ng kabataan and the sangguniang kabataan; (b) Implement policies, programs, and projects within his jurisdiction in coordination with the sangguniang barangay; (c) Exercise general supervision over the affairs and activities of the sangguniang kabataan and the official conduct of its members, and such other officers of the sangguniang kabataan within his jurisdiction; (d) With the concurrence of the sangguniang kabataan, appoint from among the members of the sangguniang kabataan, the secretary and treasurer and such other officers as may be deemed necessary; and (e) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance. Sec432. Sangguniang Kabataan Secretary. — The sangguniang kabataan secretary shall: (a) Keep all records of the katipunan ng kabataan and sangguniang kabataan; (b) Prepare and keep the minutes of all meetings of the katipunan ng kabataan and sangguniang kabataan; (c) Prepare all forms necessary for the conduct of registrations, elections, initiatives, referenda, or plebiscites, in

CA VE AT:

- 277 coordination with the barangay secretary and the COMELEC; and (d) Perform such other duties and discharge such other functions as the chairman of the sangguniang kabataan may prescribe or direct.

Sec433. Sangguniang Kabataan Treasurer. — The sangguniang kabataan treasurer shall: (a) Take custody of all sangguniang kabataan property and funds not otherwise deposited with the city or municipal treasurer; (b) Collect and receive contributions, monies, materials, and all other sources intended for the sangguniang kabataan and katipunan ng kabataan; (c) Disburse funds in accordance with an approved budget of the sangguniang kabataan; (d) Certify to the availability of funds whenever necessary; (e) Submit to the sangguniang kabataan and to the sangguniang barangay certified and detailed statements of actual income and expenditures at the end of every month; and (f) Perform such other duties and discharge such other functions as the chairman of the sangguniang kabataan may direct. Sec434. Privileges of Sangguniang Kabataan Officials. — The sangguniang kabataan chairman shall have the same privileges enjoyed by other sangguniang barangay officials under this Code subject to such requirements and limitations provided herein. During their incumbency, sangguniang kabataan officials shall be exempt from payment of tuition and matriculation fees while enrolled in public tertiary schools, including state colleges and universities. The national government shall reimburse said college or university the amount of the tuition and matriculation fees: Provided, That, to qualify for the privilege, the said officials shall enroll in a state college or university within or nearest their area of jurisdiction. Sec435. Succession and Filling of Vacancies. — (a) In case a sangguniang kabataan chairman refuses to assume office, fails to qualify, is convicted of a felony, voluntarily resigns, dies, is permanently incapacitated, is removed from office, or has been absent without leave for more than three (3) consecutive months, the sangguniang kabataan member who obtained the next highest number of votes in the election immediately preceding shall assume the office of the chairman for the unexpired portion of the term, and shall discharge the powers and duties, and enjoy the rights and privileges appurtenant to the office. In case the said member refuses to assume the position or fails to qualify, the sangguniang member obtaining the next highest number of votes shall assume the position of the chairman for the unexpired portion of the term. (b) Where two (2) or more sangguniang kabataan members obtained the same next highest number of votes, the other sangguniang kabataan members shall conduct an election to choose the successor to the chairman from among the said members.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER (c) After the vacancy shall have been filled, the sangguniang kabataan chairman shall call a special election to complete the membership of said sanggunian. Such sangguniang kabataan member shall hold office for the unexpired portion of the term of the vacant seat. cd i (d) In case of suspension of the sangguniang kabataan chairman, the successor, as determined in subsections (a) and (b) of this Section shall assume the position during the period of such suspension. CHAPTER IX: Pederasyon ng mga Sangguniang Kabataan Sec436. Pederasyon ng mga Kabataan. — (a) There shall be an organization of all the pederasyon ng mga sangguniang kabataan to be known as follows: (1) in municipalities pambayang pederasyon ng mga sangguniang kabataan; (2) in cities, panlungsod na pederasyon ng mga sangguniang kabataan; (3) in provinces, panlalawigang pederasyon ng mga kabataan; (4) in special metropolitan political subdivisions, pangmetropolitan pederasyon ng mga sangguniang kabataan; and (5) on the national level pambansang pederasyon ng mga sangguniang kabataan. (b) The pederasyon ng mga sangguniang kabataan shall, at all levels, elect from among themselves the president, vicepresident and such other officers as may be necessary and shall be organized in the following manner: (1) The panlungsod and pambayang pederasyon shall be composed of the sangguniang kabataan chairmen of barangays in the city or municipality, respectively; (2) The panlalawigang pederasyon shall be composed of presidents of the panlungsod and pambayang pederasyon; (3) The pangmetropolitang pederasyon shall be composed of presidents of the panlungsod and pambayan pederasyon; (c) The elected presidents of the pederasyon at the provincial, highly urbanized city, and metropolitan political subdivision levels shall constitute the pambansang katipunan ng mga sangguniang kabataan. Sec437. Constitution and By-Laws. — The term of office, manner of election, removal and suspension of the officers of the pederasyon ng mga sangguniang kabataan at all levels shall be governed by the constitution and by-laws of the pederasyon in conformity with the provisions of this Code and national policies on youth. Sec438. Membership in the Sanggunian. — (a) A sangguniang kabataan chairman shall, upon certification of his election by the COMELEC and during his tenure of office is elected as pederasyon president, serve as an ex-officio member of the sangguniang panlalawigan, sangguniang panlungsod, and sangguniang bayan, as the case may be, without need of further appointment.

CA VE AT:

- 278 (b) The vice-president of the pederasyon whose president has been elected as president of a higher pederasyon shall serve as ex-officio member of the sanggunian concerned without need of further appointment. (c) The pederasyon president or vice-president, as the case may be, shall be the chairman of the committee on youth and sports development of the sanggunian concerned.

CHAPTER X: Linggo ng Kabataan Sec439. Observance of Linggo ng Kabataan. — (a) Every barangay, municipality, city and province shall, in coordination with the pederasyon ng mga sangguniang kabataan at all levels, conduct an annual activity to be known as the Linggo ng Kabataan on such date as shall be determined by the Office of the President. (b) The observance of the Linggo ng Kabataan shall include the election of the counterparts of all local elective and appointive officials, as well as heads of national offices or agencies stationed or assigned in the territorial jurisdiction of the local government unit, among in-school and community youth residing in the local government unit concerned from ages thirteen (13) to seventeen (17). During said week, they shall hold office as boy and girl officials and shall perform such duties and conduct such activities as may be provided in the ordinance enacted pursuant to this Chapter

RA 7808 (1994) – An Act Resetting The Elections Of SK Officials To The First Monday Of May 1996, And Every (3) Years Thereafter, Amending For The Purpose Section 532(A) Of RA7160 LGC of 1991 Sec1. Section 532(a) of Republic Act No. 7160, otherwise known as the Local Government Code of 1991, is hereby amended to read as follows: b "Sec. 532. Elections for the Sangguniang Kabataan. — "(a) The first elections for the sangguniang kabataan to be conducted under this Code shall be held thirty (30) days after the next local elections: Provided, That, the regular elections for the sangguniang kabataan shall be held on the first Monday of May 1996: Provided, further, That the succeeding regular elections for the sangguniang kabataan shall be held every three (3) years thereafter: Provided, finally, That the national, special metropolitan, provincial, city and municipal federations of the sangguniang kabataan shall conduct the election of their respective officers thirty (30) days after the May 1996 sangguniang kabataan elections on dates to be scheduled by the Commission on Elections. "The conduct of the sangguniang kabataan elections shall be under the supervision of the Commission on Elections. "The Omnibus Election Code shall govern the elections of the sangguniang kabataan." Sec2. All laws, decrees, orders or administrative rules and regulations or any part thereof which may be inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Sec3. This Act shall take effect immediately after its publication in at least two (2) national newspapers of general circulation.

RA 8044 (1995) – An Act Creating The National Youth Commission, Establishing A National Comprehensive And Coordinated Program On Youth Development, Appropriating Funds Therefor, And For Other Purposes Sec10. Functions of the Commission. — The Commission shall have the following functions: (a) To formulate and initiate the national policy or policies on youth; (b) To plan, implement, and oversee a national integrated youth promotion and development program; (c) To establish a consultative mechanism which shall provide a forum for continuing dialogue between the government and the youth sector on the proper planning and evaluation of policies, programs and projects affecting the youth, convening for the purpose, representatives of all youth organizations and institutions, including the sangguniang kabataan from barangay, municipal, city, provincial and national levels; (d) To assist and coordinate with governmental and nongovernmental organizations or institutions in the implementation of all laws, policies, programs and projects relative to youth promotion and development; (e) To seek or request the assistance and support of any government agency, office or instrumentality including government-owned or -controlled corporations, local government units as well as nongovernmental organizations or institutions in pursuance of its policies, programs and projects; (f) To conduct scientific interdisciplinary and policyoriented researches and studies on youth-related matters, as well as trainings, seminars and workshops that will enhance the skills and leadership potentials of the youth, instilling in them nationalism and patriotism, with particular emphasis on Filipino culture and values; (g) To establish and maintain linkages with international youth and youth-serving organizations or institutions and counterpart agencies of foreign governments in order to facilitate and ensure the participation of Filipino youth in international functions and affairs; (h) To administer youth exchange programs as well as monitor and coordinate all foreign-sponsored youth programs and projects such as the Ship for Southeast Asia Youth Program and other similar exchanges and goodwill missions; (i) To establish such organizational structures including regional offices, as may be required to effectively carry out its functions; (j) To conduct promotion and fund-raising campaigns in accordance with existing laws; (k) To allocate resources for the implementation of youth programs and projects; (l) To extend and provide support or assistance to deserving youth and youth organizations including scholarship grants;

CA VE AT:

- 279 (m) To register, establish and/or facilitate and help in the establishment of the youth organizations and youth-serving organizations; (n) To participate in international youth fora, symposia and organizations such as the International Youth Forum, Asian Youth Council, ASEAN Youth Forum, United Nations Commission for International Youth Year (IYY) and other similar bodies; (o) To provide training and a national secretariat for the Sangguniang Kabataan National Federation pursuant to R.A No. 7160, otherwise known as the Local Government Code; (p) To submit an annual report on the implementation of this Act to the President and to Congress; and (q) To perform such other functions as may be necessary to effectively and efficiently carry out the provisions of this Act.

RA 9164 (2002) – An Act Providing For Synchronized Barangay And SK Elections, Amending RA7160, As Amended, "LGC Of 1991", And For Other Purposes Sec1. Date of Election. — There shall be synchronized barangay and sangguniang kabataan elections which shall be held on July 15, 2002. Subsequent synchronized barangay and sangguniang kabataan elections shall be held on the last Monday of October and every three (3) years thereafter. Sec2. Term of Office. — The term of office of all barangay and sangguniang kabataan officials after the effectivity of this Act shall be three (3) years. No barangay elective official shall serve for more than three (3) consecutive terms in the same position: Provided, however, that the term of office shall be reckoned from the 1994 barangay elections. Voluntary renunciation of office for any length of time shall not be considered as an interruption in the continuity of service for the full term for which the elective official was elected. Sec3. Registration. — For purposes of the July 15, 2002 synchronized barangay and sangguniang kabataan elections provided under this Act, a special registration of voters for the sangguniang kabataan shall be fixed by the Commission on elections (COMELEC). Subsequent registration of barangay and sangguniang kabataan voters shall be governed by RA8189. Sec4. Assumption of Office. — The term of office of the barangay and sangguniang kabataan officials elected under this Act shall commence on August 15, 2002. The term of office of the barangay and sangguniang kabataan officials elected in subsequent elections shall commence at noon of November 30, next following their election. Sec5. Hold Over. — All incumbent barangay officials and sangguniang kabataan officials shall remain in office unless sooner removed or suspended for cause until their successors shall have been elected and qualified. The provisions of the Omnibus Election Code relative to the failure of elections and special elections are hereby reiterated in this Act.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Sec6. Section 424 of Republic Act No. 7160, otherwise known as the Local Government Code of 1991, is hereby amended to read as follows: "SECTION 424. Katipunan ng Kabataan. — The katipunan ng kabataan shall be composed of Filipino citizens actually residing in the barangay for at least six (6) months, who are fifteen (15) but less than eighteen (18) years of age on the day of the election, and who are duly registered in the list of the sangguniang kabataan or in the official barangay list in the custody of the barangay secretary." Sec7. Section 428 of Republic Act No. 7160, otherwise known as the Local Government Code of 1991, is hereby amended to read as follows: "Section 428. Qualifications. — An elective official of the sangguniang kabataan must be a Filipino citizen, a qualified voter of the katipunan ng kabataan, a resident of the barangay for at least one (1) year immediately prior to election, at least fifteen (15) years but less than eighteen (18) years of age on the day of the election, able to read and write Filipino, English, or the local dialect, and must not have been convicted of any crime involving moral turpitude." Sec9. Applicability of Other election Laws. — The Omnibus Election Code and other existing election laws, as far as practicable, shall apply to barangay and sangguniang kabataan elections.

Alunan III vs. Mirasol (1997) Facts: COMELEC issued Resolution 2499, providing guidelines for the holding of the general elections for the SK on September 30, 1992. placing the SK elections under the direct control and supervision of the DILG, with the technical assistance of the COMELEC. Mirasol questioned the decision of the RTC nullifying an order of the DILG w/c cancelled the general elections for the SK on Dec ’92 in Manila on the ground that the elections previously held on May ’90 served the purpose of the first SK elections under LGC 1991. Issue1: WON COMELEC can delegate the control and supervision of the SK elections to DILG Held: YES. Resolution 2499, wherein COMELEC placed the SK elections under the direct control and supervision of the DILG, did not contravene the provision in the Consti. that the COMELEC shall have the power to "enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall." Elections for SK officers are not subject to the supervision of the COMELEC in the same way that contests involving elections of SK officials do not fall within the jurisdiction of the COMELEC. The DILG has since been in charge of SK then (KB) elections. There is no abdication of COMELEC functions because DILG supervision was to be exercised w/in the

CA VE AT:

- 280 framework of detailed and comprehensive rules embodied in Res 2499. What was left to the DILG was the enforcement of rules. Issue2: WON the Sec of DILG can exempt an LGU from holding elections for SK officers on Dec’92. Held: Yes. The authority to supervise the conduct of election necessarily includes the authority to determine which KB would not be included in the ’92 elections by virtue of Sec 532(d) of LGC. This authority was nothing more than ascertainment of fact of WON LGU had an SK election from 1988 up to the effectivity of LGC. NOTES: Q: is this good law? Is SK elections under DILG? A: No. RA 9164 or Omnibus Election Code is applicable. Hence, SK elections is under COMELEC.

Associated Labor Unions vs. Letrondo (1994) The election for members of the SK may properly be considered “local election” w/in the meaning of the CBA and the day on which it was to be held a holiday. It was a nonworking holiday as announced in the media. Proclamation No. 118 of President Ramos declared the day as "a special day throughout the country on the occasion of the Sangguniang Kabataan Elections". A "special day" is a "special holiday," as provided by the Administrative Code of 1987. The fact that only those between 15 and 21 take part in the election for members of the SK does not make such election any less a regular local election. The phrase "general election" means regular local and national elections. On the other hand, the term "general elections" means, in the context of SK elections, the regular elections for members of the SK, as distinguished from the special elections for such officers.

Miguel vs. CA (1994) Under Art 210 (g)(3) of the IRR, the election of the 1 st set of officers of the national and local chapters of the Liga cannot be held unless a constitution and by-laws for the Liga is first adopted and ratified by the barangay national assembly. This was in several opinions issued by the DILG. These pertinent issues of the DILG are in the nature of executive construction and are entitled to a great weight and respect by the court.

Marquez vs. COMELEC (1999) Facts: Marquez & Santos ran for the position for SK Chairman. Marquez won. Santos filed an election protest before the MTC, on the ground that Marquez was disqualified by age to be SK Chairman. Marquez filed a MTD. He argued that the MTC had no jurisdiction MTC denied MTD. election protest.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Issue: WON the MTC had jurisdiction over a disqualification case of an SK Chairman, filed after the elections Held: ANY contest relating to the election of members of the SK (including the chairman) – whether pertaining to their eligibility or the manner of election – is cognizable by the MTCs. COMELEC promulgated Resolution No. 2824, §49 of which provided that the MTCs shall have original jurisdiction over all election protect cases, whose decision shall be final. §6 of COMELEC Res. No. 2824, which provides: “…Cases involving the eligibility or qualification of candidates [of SK] shall be decided by the city/municipal Election officer (EO) whose decision shall be final”, applies only to the proceedings BEFORE the election. Hence the use of the word “candidates” in §6 and the phrase “winning candidates” in §49. The distinction is based on the principle that it is the proclamation which marks off the jurisdiction of the courts from the jurisdiction of the election officials. NOTES: Sir: If unhappy, go to COMELEC. Regardless of type of office? Yes!

Garvida vs. Sales (1997) Facts: Garvida was born on 6/11/74. On the day she registered as a voter for SK elections, she was 21 yrs and 9 mos old. When she assumed office on 6/1/96 she was 10 days away from turning 22. Issue: WON petitioner is qualified to be a voter and a member of the SK Held: Garvida is qualified to be a member and to vote but not as a candidate for election. LGC: distinction between the maximum age of a member in the Katipunan ng Kabataan and the maximum age of an elective SK official. Section 424 of the Code sets a member's maximum age at 21 years only. On the other hand, Section 428 provides that the maximum age of an elective SK official is 21 years old "on the day of his election." The phrase "not more than 21 years of age" means not over 21 years, not beyond 21 years. It means 21 365-day cycles. It does not mean 21 years and one or some days or a fraction of a year because that would be more than 21 365-day cycles. "Not more than 21 years old" is not equivalent to "less than 22 years old," contrary to petitioner's claims. The law does not state that the candidate be less than 22 years on election day.

- 281 Facts: Lallave won over Zarate as SK chairman. Zarate lodged an election protest before the MTC which annulled the proclamation of Lallave, holding eight of the 46 ballots of Lallave were declared marked. Lallave appealed to the Comelec EN BANC, and Comelec reversed MTC ruling Held: Comelec en banc has no jurisdiction. The appeal must have been referred to a Division of the Comelec. Referring the appeal to the Comelec en banc transgressed Section 3, Article IX-C of the Constitution which provides that “The COMELEC may sit en banc or in division and shall promulgate its rules of procedure in order to expedite disposition of election cases, including preproclamation controversies. All such election cases shall be heard and decided in division, provided that motions for reconsideration of decisions shall be decided by the COMELEC En Banc.

Baytan vs. COMELEC (2003) Facts: During the registration period for the May 1998 elections, petitioners Baytan registered themselves twice – one in Precinct No. 83-A and the other in Precinct No. 129-A. The Election Officer (of Cavite City) forwarded copies of petitioners’ voters’ registration records to the Provincial Election Supervisor for evaluation. Eventually, the Law Department endorsed the case back to the Provincial Election Supervisor, who then recommended the filing of an information for double registration against petitioners. The Comelec en banc affirmed the recommendation of the Provincial Eleciton Supervisor. MFR denied. Issue: WON THE COMELEC EN BANC’S ASSUMPTION OF ORIGINAL JURISDICTION OVER THE CASE VIOLATEDTHE CONSTITUTION Held: No. Comelec exercises both administrative and quasi-judicial function. As regards Comelec’s administrative powers, the Constitution does not prescribe how they should be exercised, i.e. whether en banc or in division. The Constitution merely vests the Comelec’s administrative powers in the “COMELEC while providing that the Comelec may sit en banc or in division. As regards its quasi-judicial, Comelec is mandated to hear and decide cases first by division, and then, upon MFR, by the Comelec en banc. Clearly, Comelec en banc can act directly on matters falling within its administrative powers. The prosecution of election law violators involves the exercises of the Comelec’s ADMINISTRATIVE POWERS. There is no constitutional requirement that the filing of the criminal information be first decided by any of the divisions of the Comelec.

Zarate vs. COMELEC (1999) Montesclaros vs. COMELEC (2002)

CA VE AT:

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Facts: PD684 established Kabataang Barangay (SK now) which was composed of all barangay residents less than 18yrs old without any specified minimum age, to provide its members opportunity to express their views and opinions on issues of transcendental importance. Dec4, 1992 – 1st SK elections. It was Reset. RA9164 providing that voters and candidates for SK elections must be “at least 15 but less than 18years of age on day of election”, and a synchronized SK and Barangay elections on July15, 2002. May6,2002 SK elections and May13 Barangay elections were not held as scheduled. COMELEC promulgated Resolution4846 for conduct of July15,2002 synchronized elections. Held: Court has no power to dictate to Congress the object or subject of bills to be enacted into law – it would destroy the system of checks and balances in the Constitution. With the passage of RA9164, the right originally conferred to those 15-21 has been limited to those who on the date of SK elections are 15-18. The new law restricted the membership – they no longer fall within the classification and have ceased to be SK members. SK membership is not a property right protected by the Constitution because it is a mere statutory right conferred by law. Congress has the power to prescribe the qualifications for SK membership. It may amend at any time the law to change or even withdraw the statutory right. State policy to encourage the youth’s involvement in public affairs refers to those who belong to the class of people defined as the youth – and Congress has defined and limited it. RA9164 is Constitutional!

See COMELEC Resolution No. 00-0046 (2000) Thus, after the above rulings, it is clear that the limited instances where the SC approved the assumption of jurisdiction by the COMELEC En Banc as follows: I. Special Action Cases 1. Petitions for postponement or suspension of elections. 2. Petitions to declare failure of election or to annul election II. Special cases 1. petition to declare illegal the composition of proceedings of local canvassers 2. petitions to correct manifest errors Further, these are petitions which require actions of the commission en banc on the basis of the constitutional mandate to enforce and administer all laws relative to the conduct of elections, plebescites and initiative to wit: I. Special proceedings cases

CA VE AT:

- 282 -

1. petition for annulment of permanent list of voters 2. petitions for accreditation of citizen’s arms II. Election Matters 1. Recall elections 2 Initiative 3. Pleadings 4. Other contentious matters in exercise of administrative, supervisory, and regulatory powers of the Constitution (not falling in the above enumeration) III. Motu Proprio action of the Commission in disqualifying candidates.

Municipality – LGC CHAPTER I: Role and Creation of the Municipality Sec440. Role of the Municipality. — The municipality, consisting of a group of barangays, serves primarily as a general purpose government for the coordination and delivery of basic, regular and direct services and effective governance of the inhabitants within its territorial jurisdiction. Sec441. Manner of Creation. — A municipality may be created, divided, merged, abolished, or its boundary substantially altered only by an Act of Congress and subject to the approval by a majority of the votes cast in a plebiscite to be conducted by the COMELEC in the local government unit or units directly affected. Except as may otherwise be provided in the said Act, the plebiscite shall be held within one hundred twenty (120) days from the date of its effectivity. Sec442. Requisites for Creation. — (a) A municipality may be created if it has an average annual income, as certified by the provincial treasurer, of at least Two million five hundred thousand pesos (P2,500,000.00) for the last two (2) consecutive years based on the 1991 constant prices; a population of at least twenty-five thousand (25,000) inhabitants as certified by the National Statistics Office; and a contiguous territory of at least fifty (50) square kilometers as certified by the Lands Management Bureau: Provided, That the creation thereof shall not reduce the land area, population or income of the original municipality or municipalities at the time of said creation to less than the minimum requirements prescribed herein. (b) The territorial jurisdiction of a newly-created municipality shall be properly identified by metes and bounds. The requirement on land area shall not apply where the municipality proposed to be created is composed of one (1) or more islands. The territory need not be contiguous if it comprises two (2) or more islands. (c) The average annual income shall include the income accruing to the general fund of the municipality concerned, exclusive of special funds, transfers and non-recurring income. (d) Municipalities existing as of the date of the effectivity of this Code shall continue to exist and operate as such. Existing municipal districts organized pursuant to presidential issuances

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER or executive orders and which have their respective set of elective municipal officials holding office at the time of the effectivity of this Code shall henceforth be considered as regular municipalities. CHAPTER II: Municipal Officials in General Sec443. Officials of the Municipal Government. — (a) There shall be in each municipality a municipal mayor, a municipal vice-mayor, sangguniang bayan members, a secretary to the sangguniang bayan, a municipal treasurer, a municipal assessor, a municipal accountant, a municipal budget officer, a municipal planning and development coordinator, a municipal engineer/building official, a municipal health officer and a municipal civil registrar. (b) In addition thereto, the mayor may appoint a municipal administrator, a municipal legal officer, a municipal agriculturist, a municipal environment and natural resources officer, a municipal social welfare and development officer, a municipal architect, and a municipal information officer. (c) The sangguniang bayan may: (1) Maintain existing offices not mentioned in subsections (a) and (b) hereof; (2) Create such other offices as may be necessary to carry out the purposes of the municipal government; or (3) Consolidate the functions of any office with those of another in the interest of efficiency and economy. (d) Unless otherwise provided herein, heads of departments and offices shall be appointed by the municipal mayor with the concurrence of the majority of all the sangguniang bayan members, subject to civil service law, rules and regulations. The sangguniang bayan shall act on the appointment within fifteen (15) days from the date of its submission; otherwise, the same shall be deemed confirmed. (e) Elective and appointive municipal officials shall receive such compensation, allowances and other emoluments as may be determined by law or ordinance, subject to the budgetary limitations on personal services as prescribed in Title Five, Book Two of this Code: Provided, That no increase in compensation of the mayor, vice-mayor, and sangguniang bayan members shall take effect until after the expiration of the full term of all the elective local officials approving such increase. CHAPTER III: Officials and Offices Common to All Municipalities ARTICLE I: The Municipal Mayor Sec444. The Chief Executive: Powers, Duties, Functions and Compensation. — (a) The municipal mayor, as the chief executive of the municipal government, shall exercise such powers and performs such duties and functions as provided by this Code and other laws. (b) For efficient, effective and economical governance the purpose of which is the general welfare of the municipality and its inhabitants pursuant to Section 16 of this Code, the municipal mayor shall:

CA VE AT:

(1)

- 283 Exercise general supervision and control over all programs, projects, services, and activities of the municipal government, and in this connection, shall: (i) Determine the guidelines of municipal policies and be responsible to the sangguniang bayan for the program of government; (ii) Direct the formulation of the municipal development plan, with the assistance of the municipal development council, and upon approval thereof by the sangguniang bayan, implement the same; (iii) At the opening of the regular session of the sangguniang bayan for every calendar year and, as may be deemed necessary, present the program of government and propose policies and projects for the consideration of the sangguniang bayan as the general welfare of the inhabitants and the needs of the municipal government may require; (iv) Initiate and propose legislative measures to the sangguniang bayan and, from time to time as the situation may require, provide such information and data needed or requested by said sanggunian in the performance of its legislative functions; (v) Appoint all officials and employees whose salaries and wages are wholly or mainly paid out of municipal funds and whose appointments are not otherwise provided for in this Code, as well as those he may be authorized by law to appoint; (vi) Upon authorization by the sangguniang bayan, represent the municipality in all its business transactions and sign on its behalf all bonds, contracts, and obligations, and such other documents made pursuant to law or ordinance; (vii) Carry out such emergency measures as may be necessary during and in the aftermath of man-made and natural disasters and calamities; (viii) Determine, according to law or ordinance, the time, manner and place of payment of salaries or wages of the officials and employees of the municipality; (ix) Allocate and assign office space to municipal and other officials and employees who, by law or ordinance, are entitled to such space in the municipal hall and other buildings owned or leased by the municipal government; (x) Ensure that all executive officials and employees of the municipality faithfully discharge their duties and functions as provided by law and this Code, and cause to be instituted administrative or judicial proceedings against any official or employee of the municipality who may have committed as offense in the performance of his official duties; (xi) Examine the books, records and other documents of all offices, officials, agents or employees of the municipality and in aid of his executive powers and authority, require all national officials and employees stationed in or assigned to the municipality to make available to him such books, records, and other documents in their custody, except those classified by law as confidential;

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER (xii) Furnish copies of executive orders issued by him to the provincial governor within seventy-two (72) hours after their issuance: Provided, That municipalities of Metropolitan Manila Area and that of any metropolitan political subdivision shall furnish copies of said executive orders to the metropolitan authority council chairman and to the Office of the President; (xiii) Visit component barangays of the municipality at least once every six (6) months to deepen his understanding of problems and conditions therein, listen and give appropriate counsel to local officials and inhabitants, inform the component barangay officials and inhabitants of general laws and ordinances which especially concern them, and otherwise conduct visits and inspections to the end that the governance of the municipality will improve the quality of life of the inhabitants; (xiv) Act on leave applications of officials and employees appointed by him and the commutation of the monetary value of leave credits according to law; (xv) Authorize official trips outside of the municipality of municipal officials and employees for a period not exceeding thirty (30) days; (xvi) Call upon any national official or employee stationed in or assigned to the municipality to advise him on matters affecting the municipality and to make recommendations thereon, or to coordinate in the formulation and implementation of plans, programs and projects, and when appropriate, initiate an administrative or judicial action against a national government official or employee who may have committed an offense in the performance of his official duties while stationed in or assigned to the local government unit concerned; (xvii) Subject to availability of funds, authorize payment of medical care, necessary transportation, subsistence, hospital or medical fees of municipal officials and employees who are injured while in the performance of their official duties and functions; (xviii) Solemnize marriages, any provision of law to the contrary notwithstanding; (xix) Conduct a palarong bayan, in coordination with the Department of Education, Culture and Sports, as an annual activity which shall feature traditional sports and disciplines included in national and international games; and (xx) Submit to the provincial governor the following reports: an annual report containing a summary of all matters pertaining to the management, administration and development of the municipality and all information and data relative to its political, social and economic conditions; and supplemental reports when unexpected events and situations arise at any time during the year, particularly when man-made or natural disasters or calamities affect the general welfare of the municipality, province, region or country. mayors of municipalities of the Metropolitan Manila Area and other metropolitan political subdivisions shall submit said reports to their

CA VE AT:

(2)

(3)

- 284 respective metropolitan council chairmen and to the Office of the President; Enforce all laws and ordinances relative to the governance of the municipality and the exercise of its corporate powers provided for under Section 22 of this Code implement all approved policies, programs, projects, services and activities of the municipality and, in addition to the foregoing, shall: (i) Ensure that the acts of the municipality's component barangays and of its officials and employees are within the scope of their prescribed powers, functions, duties and responsibilities; (ii) Call conventions, conferences, seminars or meetings of any elective and appointive officials of the municipality, including provincial officials and national officials and employees stationed in or assigned to the municipality at such time and place and on such subject as he may deem important for the promotion of the general welfare of the local government unit and its inhabitants; (iii) Issue such executive orders as are necessary for the proper enforcement and execution of laws and ordinances; (iv) Be entitled to carry the necessary firearm within his territorial jurisdiction; (v) Act as the deputized representative of the National Police Commission, formulate the peace and order plan of the municipality and upon its approval implement the same and exercise general and operational control and supervision over the local police in the municipality in accordance with R.A. No 6975; (vi) Call upon the appropriate law enforcement agencies to suppress disorder, riot, lawless violence, rebellion or sedition or to apprehend violators of the law when public interest so requires and the municipal police forces are inadequate to cope with the situation or the violators; Initiate and maximize the generation of resources and revenues, and apply the same to the implementation of development plans, program objectives and priorities as provided for under Section 18 of this Code, particularly those resources and revenues programmed for groindustrial development and country-wide growth and progress, and relative thereto, shall: (i) Require each head of an office or department to prepare and submit an estimate of appropriations for the ensuing calendar year, in accordance with the budget preparation process under Title Five, Book II of this Code; (ii) Prepare and submit to the sanggunian for approval the executive and supplemental budgets of the municipality for the ensuing calendar year in the manner provided for under Title Five, Book II of this Code; (iii) Ensure that all taxes and other revenues of the municipality are collected and that municipal funds are applied in accordance with law or ordinance to the payment of expenses and settlement of obligations of the municipality;

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER (iv) Issue licenses and permits and suspend or revoke the same for any violation of the conditions upon which said licenses or permits had been issued, pursuant to law or ordinance; (v) Issue permits, without need of approval therefor from any national agency, for the holding of activities for any charitable or welfare purpose, excluding prohibited games of chance or shows contrary to law, public policy and public morals; (vi) Require owners of illegally constructed houses, buildings or other structures to obtain the necessary permit, subject to such fines and penalties as may be imposed by law or ordinance, or to make necessary changes in the construction of the same when said construction violates any law or ordinance, or to order the demolition or removal of said house, building or structure within the period prescribed by law or ordinance; (vii) Adopt adequate measures to safeguard and conserve land, mineral, marine, forest, and other resources of the municipality; provide efficient and effective property and supply management in the municipality; and protect the funds, credits, rights and other properties of the municipality; and (viii) Institute or cause to be instituted administrative or judicial proceedings for violation of ordinances in the collection of taxes, fees or charges, and for the recovery of funds and property; and cause the municipality to be defended against all suits to ensure that its interests, resources and rights shall be adequately protected; (4) Ensure the delivery of basic services and the provision of adequate facilities as provided for under Section 17 of this Code and, in addition thereto, shall: (i) Ensure that the construction and repair of roads and highways funded by the national government shall be, as far as practicable, carried out in a spatially contiguous manner and in coordination with the construction and repair of the roads and bridges of the municipality and the province; and (ii) Coordinate the implementation of technical services rendered by national and provincial offices, including public works and infrastructure programs in the municipality; and (5) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance. (c) During his incumbency, the municipal mayor shall hold office in the municipal hall. (d) The municipal mayor shall receive a minimum monthly compensation corresponding to Salary Grade twenty-seven (27) as prescribed under R.A. No. 6758 and the implementing guidelines issued pursuant thereto. ARTICLE II: The Vice Mayor Sec445. Powers, Duties and Compensation. — (a) The vice-mayor shall:

CA VE AT:

- 285 Be the presiding officer of the sangguniang bayan and sign all warrants drawn on the municipal treasury for all expenditures appropriated for the operation of the sangguniang bayan; (2) Subject to civil service law, rules and regulations, appoint all officials and employees of the sangguniang bayan, except those whose manner of appointment is specifically provided in this Code; (3) Assume the office of the municipal mayor for the unexpired term of the latter in the event of permanent vacancy as provided for in Section 44, Book I of this Code; (4) Exercise the powers and perform the duties and functions of the municipal mayor in cases of temporary vacancy as provided for in Section 46, Book I of this Code; and (5) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance. (b) The vice-mayor shall receive a monthly compensation corresponding to Salary Grade twenty five (25) as prescribed under R.A. No. 6758 and the implementing guidelines issued pursuant thereto. (1)

ARTICLE III: The Sangguniang Bayan Sec446. Composition. — (a) The sangguniang bayan, the legislative body of the municipality, shall be composed of the municipal vice mayor as the presiding officer, the regular sanggunian members, the president of the municipal chapter of the liga ng mga barangay, the president of the pambayang pederasyon ng mga sangguniang kabataan, and the sectoral representatives, as members. (b) In addition thereto, there shall be three (3) sectoral representatives: one (1) from the women; and as shall be determined by the sanggunian concerned within ninety (90) days prior to the holding of local elections, one (1) from the agricultural or industrial workers, and one (1) from other sectors, including the urban poor, indigenous cultural communities, or disabled persons. (c) The regular members of the sangguniang bayan and the sectoral representatives shall be elected in the manner as may be provided for by law. Sec447. Powers, Duties, Functions and Compensation. — (a) The sangguniang bayan, as the legislative body of the municipality, shall enact ordinances, approve resolutions and appropriate funds for the general welfare of the municipality and its inhabitants pursuant to Section 16 of this Code and in the proper exercise of the corporate powers of the municipality as provided for under Section 22 of this Code, and shall: (1) Approve ordinances and pass resolutions necessary for an efficient and effective municipal government, and in this connection shall: (i) Review all ordinances approved by the sangguniang barangay and executive orders issued by the punong barangay to determine whether these are

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER within the scope of the prescribed powers of the sanggunian and of the punong barangay; (ii) Maintain peace and order by enacting measures to prevent and suppress lawlessness, disorder, riot, violence, rebellion or sedition and impose penalties for the violation of said ordinances; (iii) Approve ordinances imposing a fine not exceeding Two thousand five hundred pesos (P2,500.00) or an imprisonment for a period not exceeding six (6) months, or both in the discretion of the court, for the violation of a municipal ordinance; (iv) Adopt measures to protect the inhabitants of the municipality from the harmful effects of man-made or natural disasters and calamities and to provide relief services and assistance for victims during and in the aftermath of said disasters or calamities and their return to productive livelihood following said events; (v) Enact ordinances intended to prevent, suppress and impose appropriate penalties for habitual drunkenness in public places, vagrancy, mendicancy, prostitution, establishment and maintenance of houses of ill repute, gambling and other prohibited games of chance, fraudulent devices and ways to obtain money or property, drug addiction, maintenance of drug dens, drug pushing, juvenile delinquency, the printing, distribution or exhibition of obscene or pornographic materials or publications, and such other activities inimical to the welfare and morals of the inhabitants of the municipality; (vi) Protect the environment and impose appropriate penalties for acts which endanger the environment, such as dynamite fishing and other forms of destructive fishing, illegal logging and smuggling of logs, smuggling of natural resources products and of endangered species of flora and fauna, slash and burn farming, and such other activities which result in pollution, acceleration of eutrophication of rivers and lakes, or of ecological imbalance; (vii) Subject to the provisions of this Code and pertinent laws, determine the powers and duties of officials and employees of the municipality; (viii) Determine the positions and salaries, wages, allowances and other emoluments and benefits of officials and employees paid wholly or mainly from municipal funds and provide for expenditures necessary for the proper conduct of programs. projects, services, and activities of the municipal government; (ix) Authorize the payment of compensation to a qualified person not in the government service who fills up a temporary vacancy or grant honorarium to any qualified official or employee designated to fill a temporary vacancy in a concurrent capacity, at the rate authorized by law; (x) Provide a mechanism and the appropriate funds therefor, to ensure the safety and protection of all municipal government property, public documents, or records such as those relating to property inventory, land ownership, records of births, marriages, deaths, assessments, taxation, accounts, business permits, and

CA VE AT:

(2)

- 286 such other records and documents of public interest in the offices and departments of the municipal government; (xi) When the finances of the municipal government allow, provide for additional allowances and other benefits to judges, prosecutors, public elementary and high school teachers, and other national government officials stationed in or assigned to the municipality; (xii) Provide for legal assistance to barangay officials who, in the performance of their official duties or on the occasion thereof, have to initiate judicial proceedings or defend themselves against legal action; and (xii) Provide for group insurance or additional insurance coverage for barangay officials, including members of barangay tanod brigades and other service units, with public or private insurance companies, when the finances of the municipal government allow said coverage. Generate and maximize the use of resources and revenues for the development plans, program objectives and priorities of the municipality as provided for under Section 18 of this Code with particular attention to agroindustrial development and countryside growth and progress, and relative thereto, shall: (i) Approve the annual and supplemental budgets of the municipal government and appropriate funds for specific programs, projects, services and activities of the municipality, or for other purposes not contrary to law, in order to promote the general welfare of the municipality and its inhabitants; (ii) Subject to the provisions of Book II of this Code and applicable laws and upon the majority vote of all the members of the sangguniang bayan, enact ordinances levying taxes, fees and charges, prescribing the rates thereof for general and specific purposes, and granting tax exemptions, incentives or reliefs; (iii) Subject to the provisions of Book II of this Code and upon the majority vote of all the members of the sangguniang bayan, authorize the municipal mayor to negotiate and contract loans and other forms of indebtedness; (iv) Subject to the provisions of Book II of this Code and applicable laws and upon the majority vote of all the members of the sangguniang bayan, enact ordinances authorizing the floating of bonds or other instruments of indebtedness, for the purpose of raising funds to finance development projects; (v) Appropriate funds for the construction and maintenance or the rental of buildings for the use of the municipality and, upon the majority vote of all the members of the sangguniang bayan, authorize the municipal mayor to lease to private parties such public buildings held in a proprietary capacity, subject to existing laws, rules and regulations;

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER

(3)

(vi) Prescribe reasonable limits and restraints on the use of property within the jurisdiction of the municipality: (vii) Adopt a comprehensive land use plan for the municipality: Provided, That the formulation, adoption, or modification of said plan shall be in coordination with the approved provincial comprehensive land use plan; (viii) Reclassify land within the jurisdiction of the municipality, subject to the pertinent provisions of this Code; (ix) Enact integrated zoning ordinances in consonance with the approved comprehensive land use plan, subject to existing laws, rules and regulations; established fire limits or zones, particularly in populous centers; and regulate the construction, repair or modification of buildings within said fire limits or zones in accordance with the provisions of this Code; (x) Subject to national law, process and approve subdivision plans for residential, commercial, or industrial purposes and other development purposes, and collect processing fees and other charges the proceeds of which shall accrue entirely to the municipality: Provided, however, That, where approval by a national agency or office is required, said approval shall not be withheld for more than thirty (30) days from receipt of the application. Failure to act on the application within the period stated above shall be deemed as approval thereof; (xi) Subject to the provisions of Book II of this Code, grant the exclusive privilege of constructing fish corrals or fish pens, or the taking or catching of bangus fry, prawn fry or kawag-kawag of fry of any species or fish within the municipal waters; (xii) With the concurrence of at least two-thirds (2/3) of all the members of the sangguniang bayan, grant tax exemptions, incentives or reliefs to entities engaged in community growth-inducing industries, subject to the provisions of Chapter 5, Title I, Book II of this Code. (xiii) Grant loans or provide grants to other local government units or to national, provincial and municipal charitable, benevolent or educational institutions: Provided, That said institutions are operated and maintained within the municipality; (xiv) Regulate the numbering of residential, commercial and other buildings; and (xv) Regulate the inspection, weighing and measuring of articles of commerce. Subject to the provisions of Book II of this Code, grant franchises, enact ordinances authorizing the issuance of permits or licenses, or enact ordinances levying taxes, fees and charges upon such conditions and for such purposes intended to promote the general welfare of the inhabitants of the municipality, and pursuant to this legislative authority shall: (i) Fix and impose reasonable fees and charges for all services rendered by the municipal government to private persons or entities;

CA VE AT:

(4)

- 287 (ii) Regulate any business, occupation, or practice of profession or calling which does not require government examination within the municipality and the conditions under which the license for said business or practice of profession may be issued or revoked; (iii) Prescribe the terms and conditions under which public utilities owned by the municipality shall be operated by the municipal government or leased to private persons or entities, preferably cooperatives; cd (iv) Regulate the display of and fix the license fees for signs, signboards, or billboards at the place or places where the profession or business advertised thereby is, in whole or in part, conducted; (v) Any law to the contrary notwithstanding, authorize and license the establishment, operation, and maintenance of cockpits, and regulate cockfighting and commercial breeding of gamecocks: Provided, That existing rights should not be prejudiced; (vi) Subject to the guidelines prescribed by the Department of Transportation and Communications, regulate the operation of tricycles and grant franchises for the operation thereof within the territorial jurisdiction of the municipality; (vii) Upon approval by a majority vote of all the members of the sangguniang bayan, grant a franchise to any person, partnership, corporation, or cooperative to establish, construct, operate and maintain ferries, wharves, markets or slaughterhouses, or such other similar activities within the municipality as may be allowed by applicable laws: Provided, That, cooperatives shall be given preference in the grant of such a franchise. Regulate activities relative to the use of land, buildings and structures within the municipality in order to promote the general welfare and for said purpose shall: (i) Declare, prevent or abate any nuisance; (ii) Require that buildings and the premises thereof and any land within the municipality be kept and maintained in a sanitary condition; impose penalties for any violation thereof, or upon failure to comply with said requirement, have the work done and require the owner, administrator or tenant concerned to pay the expenses of the same; or require the filling up of any land or premises to a grade necessary for proper sanitation; (iii) Regulate the disposal of clinical and other wastes from hospitals, clinics and other similar establishments; (iv) Regulate the establishment, operation and maintenance of cafes, restaurants, beerhouses, hotels, motels, inns, pension houses, lodging houses, and other similar establishments, including tourist guides and transports; (v) Regulate the sale, giving away or dispensing of any intoxicating malt, vino, mixed or fermented liquors at any retail outlet; (vi) Regulate the establishment and provide for the inspection of steam boilers or any heating device in

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER

(5)

buildings and the storage of inflammable and highly combustible materials within the municipality; (vii) Regulate the establishment, operation, and maintenance of entertainment or amusement facilities, including theatrical performances, circuses, billiards pools, public dancing schools, public dance halls, sauna baths, massage parlors, and other places of entertainment or amusement; regulate such other events or activities for amusement or entertainment, particularly those which tend to disturb the community or annoy the inhabitants, or require the suspension or suppression of the same; or, prohibit certain forms of amusement or entertainment in order to protect the social and moral welfare of the community; (viii) Provide for the impounding of stray animals; regulate the keeping of animals in homes or as part of a business, and the slaughter, sale or disposition of the same; and adopt measures to prevent and penalize cruelty to animals; and (ix) Regulate the establishment, operation, and maintenance of funeral parlors and the burial or cremation of the dead, subject to existing laws, rules and regulations. Approve ordinances which shall ensure the efficient and effective delivery of the basic services and facilities as provided for under Section 17 of this Code, and in addition to said services and facilities, shall: (i) Provide for the establishment, maintenance, protection, and conservation of communal forests and watersheds, tree parks, greenbelts, mangroves, and other similar forest development projects; (ii) Establish markets, slaughterhouses or animal corrals and authorize the operation thereof, and regulate the construction and operation of private markets, talipapas or other similar buildings and structures; (iii) Authorize the establishment, maintenance and operation of ferries, wharves, and other structures, and marine and seashore or offshore activities intended to accelerate productivity; (iv) Regulate the preparation and sale of meat, poultry, fish, vegetables, fruits, fresh dairy products, and other foodstuffs for public consumption; (v) Regulate the use of streets, avenues, alleys, sidewalks, bridges, parks and other public places and approve the construction, improvement, repair and maintenance of the same; establish bus and vehicle stops and terminals or regulate the use of the same by privately-owned vehicles which serve the public; regulate garages and the operation of conveyances for hire; designate stands to be occupied by public vehicles when not in use; regulate the putting up of signs, signposts, awnings and awning posts on the streets; provide for the lighting, cleaning and sprinkling of streets and public places; (vi) Regulate traffic on all streets and bridges, prohibit the putting up of encroachments or obstacles thereon, and, when necessary in the interest of public

CA VE AT:

- 288 welfare, authorize the removal of encroachments and illegal constructions in public places; (vii) Subject to existing laws, provide for the establishment, operation, maintenance, and repair of an efficient waterworks system to supply water for the inhabitants; regulate the construction, maintenance, repair and use of hydrants, pumps, cisterns and reservoirs; protect the purity and quantity of the water supply of the municipality and, for this purpose, extend the coverage of appropriate ordinances over all territory within the drainage area of said water supply and within one hundred (100) meters of the reservoir, conduit, canal, aqueduct, pumping station, or watershed used in connection with the water service; and regulate the consumption, use or wastage of water; (viii) Regulate the drilling and excavation of the ground for laying of water, gas, sewer, and other pipes and the construction, repair and maintenance of public drains, sewers, cesspools, tunnels and similar structures; regulate the placing of poles and the use of crosswalks, curbs, and gutters; adopt measures to ensure public safety against open canals, manholes, live wires and other similar hazards to life and property; and regulate the construction and use of private water closets, privies and other similar structures in buildings and homes; (ix) Regulate the placing, stringing, attaching, installing, repair and construction of all gas mains, electric, telegraph and telephone wires, conduits, meters and other apparatus; and, provide for the correction, condemnation or removal of the same when found to be dangerous, defective or otherwise hazardous to the welfare of the inhabitants; (x) Subject to the availability of funds and to existing laws, rules and regulations, establish and provide for the operation of vocational and technical schools and similar post-secondary institutions and, with the approval of the Department of Education. Culture and Sports, fix and collect reasonable fees and other school charges on said institutions, subject to existing laws on tuition fees; (xi) Establish a scholarship fund for poor but deserving students residing within the municipality in schools located within its jurisdiction; (xii) Approve measures and adopt quarantine regulations to prevent the introduction and spread of diseases; (xiii) Provide for an efficient and effective system of solid waste and garbage collection disposal and prohibit littering and the placing or throwing of garbage, refuse and other filth and wastes; (xiv) Provide for the care of paupers, the aged, the sick, persons of unsound mind, disabled persons, abandoned minors, juvenile delinquents, drug dependents, abused children and other needy and disadvantaged persons, particularly children and youth below eighteen (18) years of age and, subject to availability of funds, establish and provide for the

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER operation of centers and facilities for said needy and disadvantaged persons; (xv) Establish and provide for the maintenance and improvement of jails and detention centers, institute sound jail management programs, and appropriate funds for the subsistence of detainees and convicted prisoners in the municipality; (xvi) Establish a municipal council whose purpose is the promotion of culture and the arts, coordinate with government agencies and non-governmental organizations and, subject to the availability of funds, appropriate funds for the support and development of the same; and (xvi) Establish a municipal council for the orderly which shall formulate policies and adopt measures mutually beneficial to the elderly and to the community; provide incentives for non-governmental agencies and entities and, subject to the availability of funds, appropriate funds to support programs and projects for the benefit of the elderly; and (6) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance. (b) The members of the sangguniang bayan shall receive a minimum monthly compensation corresponding to Salary Grade twenty-four (24) as prescribed under R.A. No. 6758 and the implementing guidelines issued pursuant thereto: Provided, That, in municipalities in Metropolitan Manila Area and other metropolitan political subdivisions, members of the sangguniang bayan shall receive a minimum monthly compensation corresponding to Salary grade twenty-five (25). Olivarez vs. Sandiganbayan (1995) Facts: Parañaque Mayor Olivarez was charged by the Baclaran Credit Coop Inc (BCCI) w/ a violation of the anti-graft and corrupt practices law, for unreasonably refusing to issue a mayor’s permit despite their application and the SB resolution authorizing the BCCI to set up a night manufacturer’s fair during the Christmas Fiesta Celebration. One of the grounds in the MTD filed by petitioner was that he had no authority to act on the letterapplication of BCCI. Issue: WON the mayor has the authority to issue permits Held: Yes, as mayor, he has authority over the officials referred to, and he could take appropriate action on the letter-application even though it did not strictly follow the normal procedure. He could refer it to the licensing department. He is expressly authorized and has the power to issue permits and licenses for the holding of activities for any charitable or welfare purpose (Sec444(b)(3)(iv and v) of LGC). He cannot feign total lack of authority to act on letterapplication of BCCI.

CA VE AT:

- 289 -

The City – LGC CHAPTER I: Role and Creation of the City Sec448. Role of the City. — The city, consisting of more urbanized and developed barangays. serves as a general purpose government for the coordination and delivery of basic, regular, and direct services and effective governance of the inhabitants within its territorial jurisdiction. Sec449. Manner of Creation. — A city may be created, divided, merged, abolished, or its boundary substantially altered, only by an Act of Congress, and subject to approval by a majority of the votes cast in a plebiscite to be conducted by the COMELEC in the local government unit or units directly affected. Except as may otherwise be provided in such Act. the plebiscite shall be held within one hundred twenty (120) days from the date of its effectivity. Sec450. Requisites for Creation. — (a) A municipality or a cluster of barangays may be converted into a component city if it has an average annual income, as certified by the Department of Finance, of at least Twenty million (P20,000,000.00) for the last two (2) consecutive years based on 1991 constant prices, and if it has either of the following requisites: (i) a contiguous territory of at least one hundred (100) square kilometers, as certified by the Lands Management Bureau; or (ii) a population of not less than one hundred fifty thousand (150,000) inhabitants, as certified by the National Statistics Office: Provided, That, the creation thereof shall not reduce the land area, population, and income of the original unit or units at the time of said creation to less than the minimum requirements prescribed herein. (b) The territorial jurisdiction of a newly-created city shall be properly identified by metes and bounds. The requirement on land area shall not apply where the city proposed to be created is composed of one (1) or more islands. The territory need not be contiguous if it comprises two (2) or more islands. (c) The average annual income shall include the income accruing to the general fund, exclusive of specific funds, transfers, and non-recurring income. Sec451. Cities, Classified. — A city may either be component or highly urbanized: Provided, however, That the criteria established in this Code shall not affect the classification and corporate status of existing cities. Independent component cities are those component cities whose charters prohibit their voters from voting for provincial elective officials. Independent component cities shall be independent of the province. Sec452. Highly Urbanized Cities. — (a) Cities with a minimum population of two hundred thousand (200,000) inhabitants as certified by the National Statistics Office, and within the latest annual income of at least Fifty Million Pesos (P50,000,000.00) based on 1991 constant

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER prices, as certified by the city treasurer, shall be classified as highly urbanized cities. (b) Cities which do not meet above requirements shall be considered component cities of the province in which they are geographically located. If a component city is located within the boundaries of two (2) or more provinces, such city shall be considered a component of the province of which it used to be a municipality. (c) Qualified voters of highly urbanized cities shall remain excluded from voting for elective provincial officials. Unless otherwise provided in the Constitution or this Code, qualified voters of independent component cities shall be governed by their respective charters, as amended, on the participation of voters in provincial elections. Qualified voters of cities who acquired the right to vote for elective provincial officials prior to the classification of said cities as highly-urbanized after the ratification of the Constitution and before the effectivity of this Code, shall continue to exercise such right. Sec453. Duty to Declare Highly Urbanized Status. — It shall be the duty of the President to declare a city as highly urbanized within thirty (30) days after it shall have met the minimum requirements prescribed in the immediately preceding section, upon proper application therefor and ratification in a plebiscite by the qualified voters therein. CHAPTER II: City Officials in General Sec454. Officials of the City Government. — (a) There shall be in each city a mayor, a vice-mayor, sangguniang panlungsod members, a secretary to the sangguniang panlungsod, a city treasurer, a city assessor, a city accountant, a city budget officer, a city planning and development coordinator, a city engineer, a city health officer, a city civil registrar, a city administrator, a city legal officer, a city veterinarian, a city social welfare and development officer, and a city general services officer. (b) In addition thereto, the city mayor may appoint a city architect, a city information officer, a city agriculturist, a city population officer, a city environment and natural resources officer, and a city cooperatives officer. The appointment of a city population officer shall be optional in the city: Provided, however, That cities which have existing population offices shall continue to maintain such offices for a period of five (5) years from the date of the effectivity of this Code, after which said offices shall become optional. (c) The sangguniang panlungsod may: (1) Maintain existing offices not mentioned in subsections (a) and (b) hereof; (2) Create such other offices as may be necessary to carry out the purposes of the city government; or (3) Consolidate the functions of any office with those of another in the interest of efficiency and economy. (d) Unless otherwise provided herein, heads of departments and offices shall be appointed by the city mayor with the concurrence of the majority of all the sangguniang panlungsod members, subject to civil service law, rules and regulations. The sangguniang panlungsod shall act on the

CA VE AT:

- 290 appointment within fifteen (15) days from the date of its submission, otherwise the same shall be deemed confirmed. (e) Elective and appointive city officials shall receive such compensation, allowances, and other emoluments as may be determined by law or ordinance, subject to the budgetary limitations on personal services prescribed under Title Five, Book II of this Code: Provided, That, no increase in compensation of the mayor, vice-mayor and sangguniang panlungsod members shall take effect until after the expiration of the full term of the said local officials approving such increase.

CHAPTER III: Officials and Offices Common to All Cities ARTICLE I: The City Mayor Sec455. Chief Executive; Powers, Duties and Compensation. — (a) The city mayor, as chief executive of the city government, shall exercise such powers and perform such duties and functions as provided by this Code and other laws. (b) For efficient, effective and economical governance the purpose of which is the general welfare of the city and its inhabitants pursuant to Section 16 of this Code, the city mayor shall: (1) Exercise general supervision and control over all programs, projects, services, and activities of the city government. and in this connection, shall: (i) Determine the guidelines of city policies and be responsible to the sangguniang panlungsod for the program of government; (ii) Direct the formulation of the city development plan, with the assistance of the city development council, and upon approval thereof by the sangguniang panlungsod, implement the same; (iii) Present the program of government and propose policies and projects for the consideration of the sangguniang panlungsod at the opening of the regular session of the sangguniang panlungsod every calendar year and as often as may be deemed necessary as the general welfare of the inhabitants and the needs of the city government may require; (iv) Initiate and propose legislative measures to the sangguniang panlungsod and as often as may be deemed necessary, provide such information and data needed or requested by said sanggunian in the performance of its legislative functions; (v) Appoint all officials and employees whose salaries and wages are wholly or mainly paid out of city funds and whose appointments are not otherwise provided for in this Code, as well as those he may be authorized by law to appoint; (vi) Represent the city in all its business transactions and sign in its behalf all bonds, contracts, and obligations, and such other documents upon authority of the sangguniang panlungsod or pursuant to law or ordinance; (vii) Carry out such emergency measures as may be necessary during and in the aftermath of man-made and natural disasters and calamities;

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER (viii) Determine the time, manner and place of payment of salaries or wages of the officials and employees of the city, in accordance with law or ordinance; (ix) Allocate and assign office space to city and other officials and employees who, by law or ordinance, are entitled to such space in the city hall and other buildings owned or leased by the city government; (x) Ensure that all executive officials and employees of the city faithfully discharge their duties and functions as provided by law and this Code, and cause to be instituted administrative or judicial proceedings against any official or employee of the city who may have committed an offense in the performance of his official duties; (xi) Examine the books, records and other documents of all offices, officials, agents or employees of the city and, in aid of his executive powers and authority, require all national officials and employees stationed in or assigned to the city to make available to him such books, records, and other documents in their custody, except those classified by law as confidential; (xii) Furnish copies of executive orders issued by him, to the provincial governor in the case of component city mayors, to the Office of the President in the case of highly-urbanized city mayors and to their respective metropolitan council chairmen in the case of mayors of cities in the Metropolitan Manila Area and other metropolitan political subdivisions, within seventy-two (72) hours after their issuances; (xiii) Visit component barangays of the city at least once every six (6) months to deepen his understanding of problems and conditions, listen and give appropriate counsel to, local officials and inhabitants, inform the component barangay officials and inhabitants of general laws and ordinances which especially concern them, and otherwise conduct visits and inspections to ensure that the governance of the city will improve the quality of life of the inhabitants; (xiv) Act on leave applications of officials and employees appointed by him and the commutation of the monetary value of their leave credits in accordance with law; (xv) Authorize official trips of city officials and employees outside of the city for a period not exceeding thirty (30) days; (xvi) Call upon any national official or employee stationed in or assigned to the city to advise him on matters affecting the city and to make recommendations thereon; coordinate with said official or employee in the formulation and implementation of plans, programs and projects; and, when appropriate, initiate an administrative or judicial action against a national government official or employee who may have committed an offense in the performance of his official duties while stationed in or assigned to the city; (xvii) Authorize payment for medical care, necessary transportation, subsistence, hospital or

CA VE AT:

(2)

- 291 medical fees of city officials and employees who are injured while in the performance of their duties and functions, subject to availability of funds; (xviii) Solemnize marriage, any provision of law to the contrary notwithstanding; (xix) Conduct an annual palarong panlungsod, which shall feature traditional sports and disciplines included in national and international games, in coordination with the Department of Education, Culture and Sports; and (xx) Submit to the provincial governor, in case of component cities; to the Office of the President, in the case of highly-urbanized cities; to their respective metropolitan authority council chairmen and to the Office of the President, in case of cities of the Metropolitan Manila Area and other metropolitan political subdivisions, the following reports: an annual report containing a summary of all matters pertinent to the management, administration and development of the city and all information and data relative to its political, social and economic conditions; and supplemental reports when unexpected events and situations arise at any time during the year, particularly when man-made or natural disasters or calamities affect the general welfare of the city, province, region or country; Enforce all laws and ordinances relative to the governance of the city and in the exercise of the appropriate corporate powers provided for under Section 22 of this Code, implement all approved policies, programs, projects, services and activities of the city and, in addition to the foregoing, shall: (i) Ensure that the acts of the city's component barangays and of its officials and employees are within the scope of their prescribed powers, duties and functions; (ii) Call conventions, conferences, seminars, or meetings of any elective and appointive officials of the city, including provincial officials and national officials and employees stationed in or assigned to the city, at such time and place and on such subject as he may deem important for the promotion of the general welfare of the local government unit and its inhabitants; (ii) Issue such executive orders for the faithful and appropriate enforcement and execution of laws and ordinances; (iv) Be entitled to carry the necessary firearm within his territorial jurisdiction; (v) Act as the deputized representative of the National Police Commission, formulate the peace and order plan of the city and upon its approval, implement the same; and as such exercise general and operational control and supervision over the local police forces in the city, in accordance with R.A. No. 6975; (vi) Call upon the appropriate law enforcement agencies to suppress disorder, riot, lawless violence, rebellion or sedition, or to apprehend violators of the law when public interest so requires and the city police

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER (3)

(4)

forces are inadequate to cope with the situations or the violators; Initiate and maximize the generation of resources and revenues, and apply the same to the implementation of development plans, program objectives and priorities as provided for under Section 18 of this Code, particularly those resources and revenues programmed for agroindustrial development and countryside growth and progress and, relative thereto, shall: (i) Require each head of an office or department to prepare and submit an estimate of appropriations for the ensuing calendar year, in accordance with the budget preparations process under Title Five, Book II of this Code; (ii) Prepare and submit to the sanggunian for approval the executive and supplemental budgets of the city for the ensuing calendar year in the manner provided for under Title Five, Book II of this Code; (iii) Ensure that all taxes and other revenues of the city are collected, and that city funds are applied to the payment of expenses and settlement of obligations of the city, in accordance with law or ordinance; (iv) Issue licenses and permits and suspend or revoke the same for any violation of the conditions upon which said licenses or permits had been issued, pursuant to law or ordinance; (v) Issue permits, without need of approval therefor from any national agency, for the holding of activities for any charitable or welfare purpose, excluding prohibited games of chance or shows contrary to law, public policy and public morals; (vi) Require owners of illegally constructed houses, buildings or other structures to obtain the necessary permit, subject to such fines and penalties as may be imposed by law or ordinance, or to make necessary changes in the construction of the same when said construction violates any law or ordinance, or to order the demolition or removal of said house, building or structure within the period prescribed by law or ordinance; (vii) Adopt adequate measures to safeguard and conserve land, mineral, marine, forest, and other resources of the city; provide efficient and effective property and supply management in the city; and protect the funds, credits, rights and other properties of the city; and (viii) Institute or cause to be instituted administrative or judicial proceedings for violation of ordinances in the collection of taxes, fees or charges, and for the recovery of funds and property; and cause the city to be defended against all suits to ensure that its interests, resources and rights shall be adequately protected; Ensure the delivery of basic services and the provision of adequate facilities as provided for under Section 17 of this Code and, in addition thereto, shall: (i) Ensure that the construction and repair of roads and highways funded by the national government

CA VE AT:

- 292 shall be, as far as practicable, carried out in a spatially contiguous manner and in coordination with the construction and repair of the roads and bridges of the city, and in the case of component cities, of the city and of the province; and (ii) Coordinate the implementation of technical services, including public works and infrastructure programs, rendered by national offices in the case of highly urbanized and independent component cities, and by national and provincial offices in the case of component cities; and (5) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance. (c) During his incumbency, the city mayor shall hold office in the city hall. (d) The city mayor shall receive a minimum monthly compensation corresponding to Salary Grade Thirty (30) as prescribed under R.A. No. 6758 and the implementing guidelines issued pursuant thereto.

ARTICLE II: The City Vice-Mayor Sec456. Powers, Duties and Compensation. — (a) The city vice-mayor shall: (1) Be the presiding officer of the sangguniang panlungsod and sign all warrants drawn on the city treasury for all expenditures appropriated for the operation of the sangguniang panlungsod; (2) Subject to civil service law, rules and regulations, appoint all officials and employees of the sangguniang panlungsod, except those whose manner of appointment is specifically provided in this Code; (3) Assume the office of the city mayor for the unexpired term of the latter in the event of permanent vacancy as provided for in Section 44, Book I of this Code; (4) Exercise the powers and perform the duties and functions of the city mayor in cases of temporary vacancy as provided for in Section 46, Book I of this Code; and (5) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance. (b) The city vice-mayor shall receive a monthly compensation corresponding to Salary Grade twenty eight (28) for a highly urbanized city and Salary Grade twenty-six (26) for a component city, as prescribed under R.A. No. 6758 and the implementing guidelines issued pursuant thereto. ARTICLE III: The Sangguniang Panlungsod Sec457. Composition — (a) The sangguniang panlungsod, the legislative body of the city, shall be composed of the city vice-mayor as presiding officer, the regular sanggunian members, the president of the city chapter of the liga ng mga barangay, the president of the panlungsod na pederasyon ng mga sangguniang kabataan, and the sectoral representatives, as members. (b) In addition thereto, there shall be three (3) sectoral representatives: one (1) from the women; and as shall be

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER determined by the sanggunian concerned within ninety (90) days prior to the holding of the local elections, one (1) from agricultural or industrial workers; and one (1) from the other sectors, including the urban poor, indigenous cultural communities, or disabled persons. (c) The regular members of the sangguniang panlungsod and the sectoral representatives shall be elected in the manner as may be provided for by law. Sec458. Powers, Duties, Functions and Compensation. — (a) The sangguniang panlungsod, as the legislative body of the city, shall enact ordinances, approve resolutions and appropriate funds for the general welfare of the city and its inhabitants pursuant to Section 16 of this Code and in the proper exercise of the corporate powers of the city as provided for under Section 22 of this Code, and shall: (1) Approve ordinances and pass resolutions necessary for an efficient and effective city government, and in this connection, shall: (i) Review all ordinances approved by the sangguniang barangay and executive orders issued by the punong barangay to determine whether these are within the scope of the prescribed powers of the sanggunian and of the punong barangay; (ii) Maintain peace and order by enacting measures to prevent and suppress lawlessness, disorder, riot, violence, rebellion or sedition and impose penalties for violation of said ordinances; (iii) Approve ordinances imposing a fine not exceeding Five thousand pesos (P5,000.00) or an imprisonment for a period not exceeding one (1) year, or both in the discretion of the court, for the violation of a city ordinance; (iv) Adopt measures to protect the inhabitants of the city from the harmful effects of man-made or natural disasters and calamities, and to provide relief services and assistance for victims during and in the aftermath of said disasters or calamities and their return to productive livelihood following said events; (v) Enact ordinances intended to prevent, suppress and impose appropriate penalties for habitual drunkenness in public places, vagrancy, mendicancy, prostitution, establishment and maintenance of houses of ill repute, gambling and other prohibited games of chance, fraudulent devices and ways to obtain money or property, drug addiction, maintenance of drug dens, drug pushing, juvenile delinquency, the printing, distribution or exhibition of obscene or pornographic materials or publications, and such other activities inimical to the welfare and morals of the inhabitants of the city. (vi) Protect the environment and impose appropriate penalties for acts which endanger the environment, such as dynamite fishing and other forms of destructive fishing, illegal logging and smuggling of logs, smuggling of natural resources products and of endangered species of flora and fauna, slash and burn farming, and such other activities which result in

CA VE AT:

(2)

- 293 pollution, acceleration of eutrophication of rivers and lakes, or of ecological imbalance; (vii) Subject to the provisions of this Code and pertinent laws, determine the powers and duties of officials and employees of the city; (viii) Determine the positions and the salaries, wages, allowances and other emoluments and benefits of officials and employees paid wholly or mainly from city funds and provide for expenditures necessary for the proper conduct of programs, projects, services, and activities of the city government; (ix) Authorize the payment of compensation to a qualified person not in the government service who fills up a temporary vacancy or grant honorarium to any qualified official or employee designated to fill a temporary vacancy in a concurrent capacity, at the rate authorized by law; (x) Provide a mechanism and the appropriate funds therefor, to ensure the safety and protection of all city government property, public documents, or records such as those relating to property inventory, land ownership, records of births, marriages, deaths, assessments, taxation, accounts, business permits, and such other records and documents of public interest in the offices and departments of the city government; (xi) When the finances of the city government allow, provide for additional allowances and other benefits to judges, prosecutors, public elementary and high school teachers, and other national government officials stationed in or assigned to the city; (xii) Provide legal assistance to barangay officials who, in the performance of their official duties or on the occasion thereof, have to initiate judicial proceedings or defend themselves against legal action; and (xiii) Provide for group insurance or additional insurance coverage for all barangay officials, including members of barangay tanod brigades and other service units, with public or private insurance companies, when the finances of the city government allow said coverage; Generate and maximize the use of resources and revenues for the development plans, program objectives and priorities of the city as provided for under Section 18 of this Code, with particular attention to agro-industrial development and city-wide growth and progress, and relative thereto, shall: (i) Approve the annual and supplemental budgets of the city government and appropriate funds for specific programs, projects, services and activities of the city, or for other purposes not contrary to law, in order to promote the general welfare of the city and its inhabitants; (ii) Subject to the provisions of Book II of this Code and applicable laws and upon the majority vote of all the members of the sangguniang panlungsod, enact ordinances levying taxes, fees and charges, prescribing the rates thereof for general and specific purposes, and granting tax exemptions, incentives or reliefs;

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER (iii) Subject to the provisions of Book II of this Code and upon the majority vote of all the members of the sangguniang panlungsod, authorize the city mayor to negotiate and contract loans and other forms of indebtedness; (iv) Subject to the provisions of Book II of this Code and applicable laws and upon the majority vote of all the members of the sangguniang panlungsod, enact ordinances authorizing the floating of bonds or other instruments of indebtedness, for the purpose of raising funds to finance development projects; (v) Appropriate funds for the construction and maintenance or the rental of buildings for the use of the city; and, upon the majority vote of all the members of the sangguniang panlungsod, authorize the city mayor to lease to private parties such public buildings held in a proprietary capacity, subject to existing laws, rules and regulations; (vi) Prescribe reasonable limits and restraints on the use of property within the jurisdiction of the city; (vii) Adopt a comprehensive land use plan for the city: Provided, That in the case of component cities, the formulation, adoption or modification of said plan shall be in coordination with the approved provincial comprehensive land use plan; (viii) Reclassify land within the jurisdiction of the city, subject to the pertinent provisions of this Code; (ix) Enact integrated zoning ordinances in consonance with the approved comprehensive land use plan, subject to existing laws, rules and regulations; establish fire limits or zones, particularly in populous centers; and regulate the construction, repair or modification of buildings within said fire limits or zones in accordance with the provisions of the Fire Code; (x) Subject to national law, process and approve subdivision plans for residential, commercial, or industrial purposes and other development purposes, and to collect processing fees and other charges, the proceeds of which shall accrue entirely to the city: Provided, however, That where approval of a national agency or office is required, said approval shall not be withheld for more than thirty (30) days from receipt of the application. Failure to act on the application within the period stated above shall be deemed as approval thereof; (xi) Subject to the provisions of Book II of this Code, grant the exclusive privilege of constructing fish corrals or fish pens, or the taking or catching of bangus fry, prawn fry or kawag-kawag, or fry of any species or fish within the city waters; (xii) With the concurrence of at least two-thirds (2/3) of all the members of the sangguniang panlungsod, grant tax exemptions, incentives or reliefs to entities engaged in community growth-inducing industries, subject to the provisions of Chapter 5, Title I, Book II of this Code; (xiii) Grant loans or provide grants to other local government units or to national, provincial, and city

CA VE AT:

(3)

(4)

- 294 charitable, benevolent or educational institutions: Provided, That, said institutions are operated and maintained within the city; (xiv) Regulate the numbering of residential, commercial and other buildings; and (xv) Regulate the inspection, weighing and measuring of articles of commerce. Subject to the provisions of Book II of this Code, enact ordinances granting franchises and authorizing the issuance of permits or licenses, upon such conditions and for such purposes intended to promote the general welfare of the inhabitants of the city and pursuant to this legislative authority shall: (i) Fix and impose reasonable fees and charges for all services rendered by the city government to private persons or entities; (ii) Regulate or fix license fees for any business or practice of profession within the city and the conditions under which the license for said business or practice of profession may be revoked and enact ordinances levying taxes thereon; (iii) Provide for and set the terms and conditions under which public utilities owned by the city shall be operated by the city government, and prescribe the conditions under which the same may be leased to private persons or entities, preferably cooperatives; cd i (iv) Regulate the display of and fix the license fees for signs, signboards, or billboards at the place or places where the profession or business advertised thereby is, in whole or in part, conducted; (v) Any law to the contrary notwithstanding, authorize and license the establishment, operation, and maintenance of cockpits, and regulate cockfighting and commercial breeding of gamecocks: Provided, That existing rights should not be prejudiced; (vi) Subject to the guidelines prescribed by the Department of Transportation and Communications, regulate the operation of tricycles and grant franchises for the operation thereof within the territorial jurisdiction of the city; (vii) Upon approval by a majority vote of all the members of the sangguniang panlungsod: grant a franchise to any person, partnership, corporation, or cooperative to do business within the city; establish, construct, operate and maintain ferries, wharves, markets or slaughterhouses; or undertake such other activities within the city as may be allowed by existing laws: Provided, That, cooperatives shall be given preference in the grant of such a franchise. Regulate activities relative to the use of land, buildings and structures within the city in order to promote the general welfare and for said purpose shall: (i) Declare, prevent or abate any nuisance; (ii) Require that buildings and the premises thereof and any land within the city be kept and maintained in a sanitary condition; impose penalties for any violation thereof; or, upon failure to comply with said requirement, have the work done at the expense of the

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER

(5)

owner, administrator or tenant concerned; or require the filling up of any land or premises to a grade necessary for proper sanitation; (iii) Regulate the disposal of clinical and other wastes from hospitals, clinics and other similar establishments; (iv) Regulate the establishment, operation and maintenance of cafes, restaurants, beerhouses, hotels, motels, inns, pension houses, lodging houses, and other similar establishments, including tourist guides and transports; (v) Regulate the sale, giving away or dispensing of any intoxicating malt, vino, mixed or fermented liquors at any retail outlet; (vi) Regulate the establishment and provide for the inspection of steam boilers or any heating device in buildings and the storage of inflammable and highly combustible materials within the city; (vii) Regulate the establishment, operation, and maintenance of any entertainment or amusement facilities, including theatrical performances, circuses, billiard pools, public dancing schools, public dance halls, sauna baths, massage parlors, and other places for entertainment or amusement; regulate such other events or activities for amusement or entertainment, particularly those which tend to disturb the community or annoy the inhabitants, or require the suspension or suppression of the same; or, prohibit certain forms of amusement or entertainment in order to protect the social and moral welfare of the community; (viii) Provide for the impounding of stray animals; regulate the keeping of animals in homes or as part of a business, and the slaughter, sale or disposition of the same; and adopt measures to prevent and penalize cruelty to animals; and (ix) Regulate the establishment, operation and maintenance of funeral parlors and the burial or cremation of the dead, subject to existing laws, rules and regulations. Approve ordinances which shall ensure the efficient and effective delivery of the basic services and facilities as provided for under Section 17 of this Code, and in addition to said services and facilities, shall: (i) Provide for the establishment, maintenance, protection, and conservation of communal forests and watersheds, tree parks, greenbelts, mangroves, and other similar forest development projects; (ii) Establish markets, slaughterhouses or animal corrals and authorize the operation thereof by the city government; and regulate the construction and operation of private markets, talipapas or other similar buildings and structures; (iii) Authorize the establishment, maintenance and operation by the city government of ferries, wharves, and other structures intended to accelerate productivity related to marine and seashore or offshore activities;

CA VE AT:

- 295 (iv) Regulate the preparation and sale of meat, poultry, fish, vegetables, fruits, fresh dairy products, and other foodstuffs for public consumption; (v) Regulate the use of streets, avenues, alleys, sidewalks, bridges, parks and other public places and approve the construction, improvement repair and maintenance of the same; establish bus and vehicle stops and terminals or regulate the use of the same by privately-owned vehicles which serve the public; regulate garages and the operation of conveyances for hire; designate stands to be occupied by public vehicles when not in use; regulate the putting up of signs, signposts, awnings and awning posts on the streets; and provide for the lighting, cleaning and sprinkling of streets; and public places; (vi) Regulate traffic on all streets and bridges; prohibit encroachments or obstacles thereon, and when necessary in the interest of public welfare, authorize the removal or encroachments and illegal constructions in public places; (vii) Subject to existing laws, establish and provide for the maintenance, repair and operation of an efficient waterworks system to supply water for the inhabitants and to purify the source of the water supply; regulate the construction, maintenance, repair and use of hydrants, pumps, cisterns and reservoirs; protect the purity and quantity of the water supply of the city and, for this purpose, extend the coverage of appropriate ordinances over all territory within the drainage area of said water supply and within one hundred (100) meters of the reservoir, conduit, canal, aqueduct, pumping station, or watershed used in connection with the water service; and regulate the consumption, use or wastage of water and fix and collect charges therefor; (viii) Regulate the drilling and excavation of the ground for the laying of water, gas, sewer, and other pipes and the construction, repair and maintenance of public drains, sewers, cesspools, tunnels and similar structures; regulate the placing of poles and the use of crosswalks, curbs, and gutters; adopt measures to ensure public safety against open canals, manholes. live wires and other similar hazards to life and property; and regulate the construction and use of private water closets, privies and other similar structures in buildings and homes; (ix) Regulate the placing, stringing, attaching, installing, repair and construction of all gas mains, electric, telegraph and telephone wires, conduits, meters and other apparatus; and provide for the correction, condemnation or removal of the same when found to be dangerous, defective, or otherwise hazardous to the welfare of the inhabitants; (x) Subject to the availability of funds and to existing laws, rules and regulations, establish and provide for the operation of vocational and technical schools and similar post-secondary institutions and, with the approval of the Department of Education, Culture and Sports and subject to existing law on tuition fees, fix

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER and collect reasonable tuition fees and other school charges in educational institutions supported by the city government; (xi) Establish a scholarship fund for the poor but deserving students in schools located within its jurisdiction or for students residing within the city; (xii) Approve measures and adopt quarantine regulations to prevent the introduction and spread of diseases; (xiii) Provide for an efficient and effective system of solid waste and garbage collection and disposal; prohibit littering and the placing or throwing of garbage, refuse and other filth and wastes; (xiv) Provide for the care of disabled persons, paupers, the aged, the sick, persons of unsound mind, abandoned minors, juvenile delinquents, drug dependents, abused children and other needy and disadvantaged persons, particularly children and youth below eighteen (18) years of age; and subject to availability of funds, establish and provide for the operation of centers and facilities for said needy and disadvantaged persons; (xv) Establish and provide for the maintenance and improvement of jails and detention centers, institute a sound jail management program, and appropriate funds for the subsistence of detainees and convicted prisoners in the city; (xvi) Establish a city council whose purpose is the promotion of culture and the arts, coordinate with government agencies and non-governmental organizations and, subject to the availability of funds, appropriate funds for the support and development of the same; and (xvii) Establish a city council for the elderly which shall formulate policies and adopt measures mutually beneficial to the elderly and to the community; provide incentives for non-governmental agencies and entities and, subject to the availability of funds, appropriate funds to support programs and projects for the benefit of the elderly; and (6) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance. (b) The members of the sangguniang panlungsod of component cities shall receive a minimum monthly compensation corresponding to Salary Grade twenty-five (25) and members of the sangguniang panlungsod of highlyurbanized cities shall receive a minimum monthly compensation corresponding to Salary Grade twenty-seven (27), as prescribed under R.A. 6758 and the implementing guidelines issued pursuant thereto. RA9009 (2001) – An Act Amending Section 450 Of RA7160 LGC Of 1991, By Increasing The Average Annual Income Requirement For A Municipality Or Cluster Of Barangays To Be Converted Into A Component City

CA VE AT:

- 296 Sec1. Section 450 of Republic Act No. 7160, otherwise known as the Local Government Code of 1991, is hereby amended to read as follows: "Section 450. Requisites for Creation. — (a) A municipality or a cluster of barangays may be converted into a component city if it has a locally generated average annual income, as certified by the Department of Finance, of at least One hundred million pesos (P100,000,000.00) for the last two (2) consecutive years based on 2000 constant prices, and if it has either of the following requisites: (i) a contiguous territory of at least one hundred (100) square kilometers, as certified by the Land Management Bureau; or (ii) a population of not less than one hundred fifty thousand (150,000) inhabitants, as certified by the National Statistics Office. The creation thereof shall not reduce the land area, population and income of the original unit or units at the time of said creation to less than the minimum requirements prescribed herein. (b) The territorial jurisdiction of a newly-created city shall be properly identified by metes and bounds. The requirement on land area shall not apply where the city proposed to be created is composed of one (1) or more islands. The territory need not be contiguous if it comprises two (2) or more islands. (c) The average annual income shall include the income accruing to the general fund, exclusive of special funds, transfers, and non-recurring income."

Gordon vs. Verdiano II (1988) Facts: Yambao operated 2 drugstores in Olongapo . One was temporarily closed down by FDA after a test buy operation. After receiving the same report, Mayor Gordon subsequently revoked the mayor’s permit for rampant violations of pharmacy and dangerous drugs law. He ordered permanent closure. FDA lifted the temporary closure and Yambao sought reissuance of permit. Yambao then sought the permission from FDA to exchange location of 2 drugstores for business preference. FDA granted but Mayor disapproved and suspended permit of 2nd drugstore. Issue: Who has the power to grant and revoke licenses for operation of drug stores in the city Held: Mayor has no authority to revoke a business permit for the violation of the Pharmacy Law or Dangerous Drugs Act. It however has authority to approve or disapprove the exchange of locations requested by Yambao. An application to establish a drug store in Olongapo must be filed w/ the office of the Mayor and must show that the applicant has complied with the existing ordinances in health and sanitation, location or zoning, fire or building and other local requirements. On the other hand, the authorization to operate issued by the FDA is a condition precedent to the grant of a mayor's permit to the drug store seeking to operate within the limits of the city. This

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER requirement is imperative. Hence, a permit issued by the mayor to a drug store not previously cleared with and licensed by the said agency will be a nullity. However, the issuance of the Mayor’s permit is not mandatory once the FDA has licensed the operation of the applicant drugstore. The applicant still has to comply w/ the local requirements of the city. Should there be no compliance w/ the local requirements, the mayor in the exercise of his own authority under the charter may refuse to grant the permit sought. The power to approve a license includes by implication, even if not expressly granted, the power to revoke it. Thus, if the FDA grants a license upon its finding that the applicant drug store has complied with the requirements of the general laws and the implementing administrative rules and regulations, it is only for their violation that the FDA may revoke the said license. Necessarily, the city mayor may only revoke the permits issued for violation of the local requirements imposed. NOTES: Since LGU is not bound to allow operations even after the proper agency had given its license, LGU’s can make it more diffcicult for this business to operate. Q: Can Mayor require compliance w/ all the national laws and regulations before issuing the permit? (ie present in the permit) A: Yes. The presence of this clause does not invalidate the permit. But the finding of violation must be made by the nat’l agency and not the mayor.

Acebedo Optical Company vs. CA (2000) Facts: Acebedo applied with the Office of the Mayor of Iligan City for a business permit and was issued subject to the certain conditions. SOPI lodged a complaint against the Acebedo before the Office of the City Mayor, alleging that Acebedo had violated the conditions set forth in its business permit. Issue1: What is a business permit? Held: The grant of a license or permit to do business is usually granted by the local authorities which authorizes the person, natural or otherwise, to engage in business or some form of commercial activity. Whereas, the issuance of a license to engage in the practice of a particular profession is issued by the Board or Commission tasked to regulate the particular profession. It is the grant of authority to a natural person to engage in the practice or exercise of his or her profession. ISSUE 2: WON the business permit issued by the city Mayor is a contract entered into by Iligan City in the exercise of its proprietary functions, such that although petitioner agreed to such conditions, it cannot be held in estoppel since ultra vires acts cannot be given effect. HELD:

CA VE AT:

- 297 No.A license or permit is not in the nature of a contract but a special privilege, thus estoppel cannot apply in this case. The fact that petitioner acquiesced in the special conditions imposed by the City Mayor in subject business permit does not preclude it from challenging the said imposition, which is ultra vires or beyond the ambit of authority of respondent City Mayor. Ultra vires acts or acts which are clearly beyond the scope of one's authority are null and void and cannot be given any effect. The doctrine of estoppel cannot operate to give effect to an act which is otherwise null and void or ultra vires. The issuance of business licenses and permits by a municipality or city is essentially regulatory in nature. The authority, which devolved upon local government units to issue or grant such licenses or permits, is essentially in the exercise of the police power of the state within the contemplation of the general welfare clause of the Local Government Code.

Lim vs. CA (2002) Facts: Policemen under Mayor Lim’s instructions inspected and investigated Bistro Pigalle’s license as well as the work permits and health certificates of its staff causing the stoppage of work in Bistro’s night club and restaurant operations. Lim also refused to accept Bistro’s application for a business license, as well as the work permit applications of Bistro’s staff, for the year 1993.Bistro filed before the trial court a petition against Manila Mayor Lim.. Held: The law expressly provides for such authority. Section 11 (l), Article II of the Revised Charter of the City of Manila and Section 455 (3) (iv) of the LGC is clear that the power of the mayor to issue business licenses and permits necessarily includes the corollary power to suspend, revoke or even refuse to issue the same. However, the power to suspend or revoke these licenses and permits is expressly premised on the violation of the conditions of these permits and licenses. Similarly, the power to refuse to issue such licenses and permits is premised on non-compliance with the prerequisites for the issuance of such licenses and permits. The mayor must observe due process in exercising these powers, which means that the mayor must give the applicant or licensee notice and opportunity to be heard. True, the mayor has the power to inspect and investigate private commercial establishments for any violation of the conditions of their licenses and permits. However, the mayor has no power to order a police raid on these establishments in the guise of inspecting or investigating these commercial establishments

Mathay Jr. vs. Felt Foods, Inc. (1999) Facts: Mathay issued a temporary business permit valid until Dec 31, 1997 in favor of respondent to operate its business, Club Giorgio. Sometime in November, there were police reports that respondent

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER violated terms of its permit. Petitioner ordered the closure of the establishment and ordered the city legal dept to investigate the matter. Due notice was sent to respondent but it failed to reply. Upon finding that respondent violated permit, petitioner cancelled permit. Respondent went to RTC to annul the closure order. RTC issued injunction. CA affirmed. Issue: WON cause of action has been mooted due to expiration of respondent’s permit Held: Respondent’s permit has already expired. It is a widely accepted rule that courts will not assume jurisdiction over a case when it has been rendered moot by a supervening event such as the expiration of a contract. This forecloses the complainant’s right to demand specific performance under the terms of expired contract from the defendant. Any loss or damage suffered by the complainant from the alleged unlawful act under the terms and during the existence of the expired contract may be remedied by a claim for damages and not by a writ of injunction to enjoin the effects of the expiration of the contract.

- 298 -

City of Quezon vs. Lexber, Inc. (2001) Facts: A Tri-Partitie MOA was drawn between QC, represented by its mayor Brigido Simon, Jr., Lexber, and the Municipality of Antipolo, whereby a parcel of land in Antipolo was to be used as a garbage dumping site by QC and other M. Mla. cities or municipalities, for a 5-year period from Jan. 1991 to Dec. 1995. A 2nd contract was entered into where Lexber shall provide maintenance services in the form of manpower, equipment and engineering operations for the dumpsite In view of the idle state of the dumpsite for more than year, Lexber also sought clarification from QC regarding its intention on the dumpsite project. QC, through Mayor Mathay, denied any liability under the contract on the ground that the same was invalid and unenforceable.

NOTES: Q: What if police visited and saw pirated cds or prostitutes? Can they shut down place or make arrests? A: Yes. Can shut down and arrest so long as they are given chance to defend themselves. If there’s a violation of nat’l law, can shut down.

Issue: WON the contract is void ab initio Held: No. PD 1445 does not provide that the absence of an appropriation law ipso facto makes a contract entered into by an LGU null and void Sec. 84 specifically provides: “Revenue funds shall not be paid out of any public treasury or depository except in pursuance of an appropriation law or other specific statutory authority.” Consequently, public funds may be disbursed not only pursuant to an appropriation law, but also in pursuance of other specific statutory authority.

Q: Are raids allowed? (outside this case) A: Yes, raids are not conducted by police only but jointly w/ gov’t agency. Except if there’s an ordinance prohibiting raids.

Now, LGC of 1991 prohibits the city mayor from entering into contracts for the public welfare, unless and until there is prior authority from the city council.

Negros Oriental II Electric Cooperative Inc. vs. Sangguniang Panglungsod ng Dumaguete (1987) Issue: WON the Sangguniang Panglungsod has the authority to issue subpoenas and punish non-members for legislative contempt Held: The Sangguniang panglungsod has no authority to issue subpoenas and punish non-members for legislative contempt. The contempt power is sui generis and local legislative bodies cannot correctly claim to possess it for the same reasons that the national legislature does. The power attaches not to the discharge of legislative functions per se but to the character of the legislature as one of the 3 independent and coordinate branches of the gov’t. The same thing cannot be said of local legislative bodies which are mere creatures of law. The power to subpoena witnesses and the power to punish non-members for contempt may not also be implied in the delegation of legislative power as such partake of a judicial nature. NOTE: Still good law. LGC did not grant it power to issue subpoena or contempt power.

Dadole vs. COA (2002) Facts: In 1986, RTC and MTC judges of Mandaue city started receiving monthly allowances of P1,260 each through the yearly appropriation ordinance enacted by the Sangguniang Panlungsod of the city. (DBM) issued the Local Budget Circular 55 which provided that: such additional allowances in the form of honorarium at rates not exceeding P1,000 in provinces and cities and P700 in municipalities may be granted, effective immediately Issue: WON LBC 55 of the DBM is void (for going beyond the supervisory powers of the Pres. and for not having been published) Held: YES, the Pres. or any of his or her alter egos cannot interfere in local affairs as long as the concerned LGU acts within the parameters of the law and the Constitution. Any directive therefore by the Pres. or any of his or her alter egos seeking to alter the wisdom of a law-conforming judgment on local affairs of a LGU is a patent nullity because it violates the principle of local autonomy and separation of powers of the executive and legislative departments in governing municipal corporations. Sec. 458 of RA 7160, the law that supposedly serves as the legal basis of LBC 55, allows the grant of additional allowances “when

CA VE AT:

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER the finances of the city government allow.” The said provision does not authorize setting a definite maximum limit to the additional allowances granted to judges. Thus, we need not belabor the point that the finances of a city government may allow the grant of additional allowances higher than P1,000 if the revenues of the said city government exceed its annual expenditures. LBC 55 is also void on account of its lack of publication in violation of the SC ruling in Tanada v. Tuvera. Issue2: WON the yearly appropriation ordinance enacted by Mandaue City that provides for additional allowances to judges contravenes the annual appropriation laws enacted by Cong. Held: No. COA failed to prove that Mandaue City used the IRA to spend for the additional allowances of the judges. Moreover, the DBM neither conducted a formal review nor ordered a disapproval of Mandaue City’s appropriation ordinances, in accordance with the procedure outlined in Secs. 326 and 327 of RA 7160: Sec. 326. Review of Appropriation Ordinances of Provinces, Highly Urbanized Cities, Independent Component Cities and Municipalities within the Metropolitan Mla. Area. in accordance with the immediately succeeding sec. Sec. 327. Review of Appropriation Ordinances of Component Cities and Municipalities. – The sangguniang panlalawigan shall review the ordinance authorizing annual or supplemental appropriations of component cities and municipalities in the same manner and within the same period prescribed for the review of other ordinances. If within 90 days from receipt of copies of such ordinance, the SP takes no action thereon, the same shall be deemed to have been reviewed in accordance with law and shall continue to be in full force and effect. city. NOTES: Is this good idea? LGU gives allowance to judges? Does this impair integrity of court?

The Province – LGC CHAPTER I: Role and Creation of the Province Sec459. Role of the Province. — The province, composed of cluster of municipalities, or municipalities and component cities, and as a political and corporate unit of government, serves as dynamic mechanism for developmental processes and effective governance of local government units within its territorial jurisdiction. Sec460. Manner of Creation. — A province may be created, divided, merged, abolished, or its boundary substantially altered, only by an Act of Congress and subject to approval by a majority of the votes cast in a plebiscite to be conducted by the COMELEC in the local government unit or units directly affected. The plebiscite shall be held within one hundred twenty (120)

CA VE AT:

- 299 days from the date of effectivity of said Act, unless otherwise provided therein.

Sec461. Requisites for Creation. — (a) A province may be created if it has an average annual income, as certified by the Department of Finance, of not less than Twenty million pesos (P20,000,000.00) based on 1991 constant prices and either of the following requisites: (i) a contiguous territory of at least two thousand (2,000) square kilometers, as certified by the Lands Management Bureau; or (ii) a population of not less than two hundred fifty thousand (250,000) inhabitants as certified by the National Statistics Office: Provided, That, the creation thereof shall not reduce the land area, population, and income of the original unit or units at the time of said creation to less than the minimum requirements prescribed herein. (b) The territory need not be contiguous if it comprise two (2) or more islands or is separated by a chartered city or cities which do not contribute to the income of the province. (c) The average annual income shall include the income accruing to the general fund, exclusive of special funds, trust funds, transfers and non-recurring income. Sec462. Existing Sub-Provinces. — Existing sub-provinces are hereby converted into regular provinces upon approval by a majority of the votes cast in a plebiscite to be held in the said subprovinces and the original provinces directly affected. The plebiscite shall be conducted by the COMELEC simultaneously with the national elections following the effectivity of this Code. The new legislative districts created as a result of such conversion shall continue to be represented in Congress by the duly-elected representatives of the original districts out of which said new provinces or districts were created until their own representatives shall have been elected in the next regular congressional elections and qualified. The incumbent elected officials of the said subprovinces converted into regular provinces shall continue to hold office until June 30, 1992. Any vacancy occurring in the offices occupied by said incumbent elected officials, or resulting from expiration of their terms of office in case of a negative vote in the plebiscite results, shall be filled by appointment by the President. The appointees shall hold office until their successors shall have been elected in the regular local elections following the plebiscite mentioned herein and qualified. After effectivity of such conversion, the President shall fill up the position of governor of the newly-created province through appointment if none has yet been appointed to the same as hereinbefore provided, and shall also appoint a vice-governor and the other members of the sangguniang panlalawigan, all of whom shall likewise hold office until their successors shall have been elected in the next regular local elections and qualified. All qualified appointive officials and employees in the career service of the said subprovinces at the time of their conversion into regular provinces shall continue in office in accordance with civil service law, rules and regulations.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER CHAPTER II: Provincial Officials in General Sec463. Officials of the Provincial Government. — (a) There shall be in each province a governor, a vicegovernor, members of the sangguniang panlalawigan, a secretary to the sangguniang panlalawigan, a provincial treasurer, a provincial assessor, a provincial accountant, a provincial engineer, a provincial budget officer, a provincial planning and development coordinator, a provincial legal officer, a provincial administrator, a provincial health officer, a provincial social welfare and development officer, a provincial general services officer, a provincial agriculturist, and a provincial veterinarian. (b) In addition thereto, the governor may appoint a provincial population officer, a provincial natural resources and environment officer, a provincial cooperative officer, a provincial architect, and a provincial information officer. The appointment of a provincial population officer shall be optional in the province: Provided, however, That provinces which have existing population offices shall continue to maintain such offices for a period of five (5) years from the date of the effectivity of this Code, after which said offices shall become optional. (c) The sangguniang panlalawigan may: (1) Maintain existing offices not mentioned in subsections (a) and (b) hereof; (2) Create such other offices as may be necessary to carry out the purposes of the provincial government; or (3) Consolidate the functions of any office with those of another in the interest of efficiency and economy; (d) Unless otherwise provided herein, heads of departments and offices shall be appointed by the governor with the concurrence of the majority of all the sangguniang panlalawigan members, subject to civil service law, rules and regulations. The sangguniang panlalawigan shall act on the appointment with fifteen (15) days from the date of its submission; otherwise the same shall be deemed confirmed; (e) Elective and appointive provincial officials shall receive such compensation, allowances, and other emoluments as may be determined by law or ordinance, subject to the budgetary limitations on personal services prescribed under Title Five, Book II of this Code: Provided, That, no increase in compensation shall take effect until after the expiration of the full term of all the elective officials approving such increase. Sec464. Residence and Office. — During the incumbency of the governor, he shall have his official residence in the capital of the province. All elective and appointive provincial officials shall hold office in the provincial capital: Provided, That, upon resolution of the sangguniang panlalawigan, elective and appointive provincial officials may hold office in any component city or municipality within the province for a period of not more than seven (7) days for any given month. CHAPTER III: Officials and Offices Common to All Provinces ARTICLE I: The Provincial Governor Sec465. The Chief Executive: Powers, Duties, Functions, and Compensation. —

CA VE AT:

- 300 (a) The provincial governor, as the chief executive of the provincial government, shall exercise such powers and perform such duties and functions as provided by this Code and other laws. (b) For efficient, effective and economical governance the purpose of which is the general welfare of the province and its inhabitants pursuant to Section 16 of this Code, the provincial governor shall: (1) Exercise general supervision and control over all programs, projects, services, and activities of the provincial government, and in this connection, shall: (i) Determine the guidelines of provincial policies and be responsible to the sangguniang panlalawigan for the program of government; (ii) Direct the formulation of the provincial development plan, with the assistance of the provincial development council, and upon approval thereof by the sangguniang panlalawigan, implement the same; (iii) Present the program of government and propose policies and projects for the consideration of the sangguniang panlalawigan at the opening of the regular session of the sangguniang panlalawigan every calendar year and as after as may be deemed necessary as the general welfare of the inhabitants and the needs of the provincial government may require; (iv) Initiate and propose legislative measures to the sangguniang panlalawigan and as often as may be deemed necessary, provide such information and data needed or requested by said sanggunian in the performance of its legislative functions; (v) Appoint all officials and employees whose salaries and wages are wholly or mainly paid out of provincial funds and whose appointments are not otherwise provided for in this Code, as well as those he may be authorized by law to appoint; (vi) Represent the province in all its business transactions and sign in its behalf all bonds, contracts, and obligations, and such other documents upon authority of the sangguniang panlalawigan or pursuant to law or ordinance; (vii) Carry out such emergency measures as may be necessary during and in the aftermath of man-made and natural disasters and calamities; (viii) Determine the time, manner and place of payment of salaries or wages of the officials and employees of the province, in accordance with law or ordinance; (ix) Allocate and assign office space to provincial and other officials and employees who, by law or ordinance, are entitled to such space in the provincial capitol and other buildings owned or leased by the provincial government; (x) Ensure that all executive officials and employees of the province faithfully discharge their duties and functions as provided by law and this Code, and cause to be instituted administrative or judicial proceedings against any official or employee of the

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER province who may have committed an offense in the performance of his official duties; (xi) Examine the books, records and other documents of all offices, officials, agents or employees of the province and, in aid of his executive powers and authority, require all national officials and employees stationed in the province to make available to him such books, records, and other documents in their custody, except those classified by law as confidential; (xii) Furnish copies of executive orders issued by him to the Office of the President within seventy-two (72) hours after their issuance; (xiii) Visit component cities and municipalities of the province at least once every six (6) months to deepen his understanding of problems and conditions, listen and give appropriate counsel to local officials and inhabitants, inform the officials and inhabitants of component cities and municipalities of general laws and ordinances which especially concern them, and otherwise conduct visits and inspections to ensure that the governance of the province will improve the quality of life of the inhabitants; (xiv) Act on leave applications of officials and employees appointed by him and the commutation of the monetary value of leave credits in accordance with law; (xv) Authorize official trips of provincial officials and employees outside of the province for a period not exceeding thirty (30) days; (xvi) Call upon any national official or employee stationed in or assigned to the province to advise him on matters affecting the province and to make recommendations thereon; coordinate with said official or employee in the formulation and implementation of plans, programs and projects; and when appropriate, initiate an administrative or judicial action against a national government official or employee who may have committed an offense in the performance of his official duties while stationed in or assigned to the province; (xvii) Authorize payment for medical care, necessary transportation, subsistence, hospital or medical fees of provincial officials and employees who are injured while in the performance of their official duties and functions, subject to availability of funds; (xviii) Represent the province in inter-provincial or regional sports councils or committees, and coordinate the efforts of component cities or municipalities in the regional or national palaro or sports development activities; (xix) Conduct an annual palarong panlalawigan, which shall feature traditional sports and disciplines included in national and international games in coordination with the Department of Education, Culture and Sports; and (xx) Submit to the Office of the President the following reports: an annual report containing a summary of all matters pertinent to the management, administration and development of the province and all information and data relative to its political, social and

CA VE AT:

(2)

(3)

- 301 economic conditions; and supplemental reports when unexpected events and situations arise at any time during the year, particularly when man-made or natural disasters or calamities affect the general welfare of the province, region or country; Enforce all laws and ordinances relative to the governance of the province and the exercise of the appropriate corporate powers provided for under Section 22 of this Code, implement all approved policies, programs, projects, services and activities of the province and, in addition to the foregoing, shall: (i) Ensure that the acts of the component cities and municipalities of the province and of its officials and employees are within the scope of their prescribed powers, duties and functions; (ii) Call conventions, conferences, seminars, or meetings of any elective and appointive officials of the province and its component cities and municipalities, including national officials and employees stationed in or assigned to the province, at such time and place and on such subject as he may deem important for the promotion of the general welfare of the province and its inhabitants; (iii) Issue such executive orders for the faithful and appropriate enforcement and execution of laws and ordinances; (iv) Be entitled to carry the necessary firearm within his territorial jurisdiction; (v) In coordination with the mayors of component cities and municipalities and the National Police Commission, formulate the peace and order plan of the province and upon its approval, implement the same in accordance with R.A. No. 6975; (vi) Call upon the appropriate national law enforcement agencies to suppress disorder, riot, lawless violence, rebellion or sedition or to apprehend violators of the law when public interest so requires and the police forces of the component city or municipality where the disorder or violation is happening are inadequate to cope with the situation or the violators; Initiate and maximize the generation of resources and revenues, and apply the same to the implementation of development plans, program objectives and priorities as provided for under Section 18 of this Code, particularly those resources and revenues programmed for agroindustrial development and country-wide growth and progress and, relative thereto, shall: (i) Require each head of an office or department to prepare and submit an estimate of appropriations for the ensuing calendar year, in accordance with the budget preparation process under Title Five, Book II of this Code; (ii) Prepare and submit to the sanggunian for approval the executive and supplemental budgets of the province for the ensuing calendar year in the manner provided for under Title Five, Book II of this Code; (iii) Ensure that all taxes and other revenues of the province are collected, and that provincial funds are

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER applied to the payment of expenses and settlement of obligations of the province, in accordance with law or ordinance; (iv) Issue licenses and permits and suspend or revoke the same for any violation of the conditions upon which said licenses or permits had been issued, pursuant to law or ordinance; (v) Adopt adequate measures to safeguard and conserve land, mineral, marine, forest and other resources of the province, in coordination with the mayors of component cities and municipalities; provide efficient and effective property and supply management in the province; and protect the funds, credits, rights, and other properties of the province; and (vi) Institute or cause to be instituted administrative or judicial proceedings for violation of ordinances in the collection of taxes, fees or charges, and for the recovery of funds and property, and cause the province to be defended against all suits to ensure that its interests, resources and rights shall be adequately protected. (4) Ensure the delivery of basic services and the provision of adequate facilities as provided for under Section 17 of this Code, and in addition thereto, shall: (i) Ensure that the construction and repair of roads and highways funded by the national government shall be, as far as practicable, carried out in a spatially contiguous manner and in coordination with the construction and repair of the roads and bridges of the province and of its component cities and municipalities; and (ii) Coordinate the implementation of technical services by national offices for the province and its component cities and municipalities, including public works and infrastructure programs of the provincial government and its component cities and municipalities; (5) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance. (c) The provincial governor shall receive a minimum monthly compensation corresponding to Salary Grade thirty (30) prescribed under R.A. No. 6758 and the implementing guidelines issued pursuant thereto. ARTICLE II: The Provincial Vice-Governor Sec466. Powers, Duties, and Compensation. — (a) The vice-governor shall: (1) Be the presiding officer of the sangguniang panlalawigan and sign all warrants drawn on the provincial treasury for all expenditures appropriated for the operation of the sangguniang panlalawigan; (2) Subject to civil service law, rules and regulations, appoint all officials and employees of the sangguniang panlalawigan, except those whose manner of appointment is specially provided in this Code; (3) Assume the office of the governor for the unexpired term of the latter in the event of permanent vacancy as provided for in Section 44, Book I of this Code;

CA VE AT:

- 302 Exercise the powers and perform the duties and functions of the governor in cases of temporary vacancy as provided for in Section 46, Book I of this Code; and (5) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance. (b) The vice-governor shall receive a monthly compensation corresponding to Salary Grade twenty-eight (28) as prescribed under R.A. No. 6758 and the implementing guidelines issued pursuant thereto. (4)

ARTICLE III: The Sangguniang Panlalawigan Sec467. Composition. — (a) The sangguniang panlalawigan, the legislative body of the province, shall be composed of the provincial vice-governor as presiding officer, the regular sanggunian members, the president of the provincial chapter of the liga ng mga barangay, the president of the panlalawigang pederasyon ng mga sangguniang kabataan, the president of the provincial federation of sanggunian members of municipalities and component cities and the sectoral representatives, as members. (b) In addition thereto, there shall be three (3) sectoral representatives: one (1) from the women; and as shall be determined by the sanggunian concerned within ninety (90) days prior to the holding of the local elections, one (1) from the agricultural or industrial workers; and one (1) from other sectors including the urban poor, indigenous cultural communities, or disabled persons. (c) The regular members of the sangguniang panlalawigan and the sectoral representatives shall be elected in the manner as may be provided for by law. Sec468. Powers, Duties, Functions and Compensation. — (a) The sangguniang panlalawigan, as the legislative body of the province, shall enact ordinances, approve resolutions and appropriate funds for the general welfare of the province and its inhabitants pursuant to Section 16 of this Code in the proper exercise of the corporate powers of the province as provided for under Section 22 of this Code, and shall: (1) Approve ordinances and pass resolutions necessary for an efficient and effective provincial government and, in this connection, shall: (i) Review all ordinances approved by the sangguniang of component cities and municipalities and executive orders issued by the mayors of said component units to determine whether these are within the scope of the prescribed powers of the sanggunian and of the mayor; (ii) Maintain peace and order by enacting measures to prevent and suppress lawlessness, disorder, riot, violence, rebellion or sedition and impose penalties for the violation of said ordinances; (iii) Approve ordinances imposing a fine not exceeding Five thousand pesos (P5,000.00) or imprisonment not exceeding one (1) year, or both in the discretion of the court, for the violation of a provincial ordinance;

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER

(2)

(iv) Adopt measures to protect the inhabitants of the province from harmful effects of man-made or natural disasters and calamities, and to provide relief services and assistance for victims during and in the aftermath of said disasters and calamities and their return to productive livelihood following said events; (v) Enact ordinances intended to prevent, suppress and impose appropriate penalties for habitual drunkenness in public places, vagrancy, mendicancy, prostitution, establishment and maintenance of houses of ill repute, gambling and other prohibited games of chance, fraudulent devices and ways to obtain money or property, drug addiction, maintenance of drug dens, drug pushing, juvenile delinquency, the printing, distribution or exhibition of obscene or pornographic materials or publications, and other activities inimical to the welfare and morals of the inhabitants of the province; (vi) Protect the environment and impose appropriate penalties for acts which endanger the environment, such as dynamite fishing and other forms of destructive fishing, illegal logging and smuggling of logs, smuggling of natural resources products and of endangered species of flora and fauna, slash and burn farming, and such other activities which result in pollution acceleration of eutrophication of rivers and lakes, or of ecological imbalance; (vii) Subject to the provisions of this Code and pertinent laws, determine the powers and duties of officials and employees of the province; (viii) Determine the positions and the salaries, wages, allowances and other emoluments and benefits of officials and employees paid wholly or mainly from provincial funds and provide for expenditures necessary for the proper conduct of programs, projects, services, and activities of the provincial government; (ix) Authorize the payment of compensation to a qualified person not in the government service who fills up a temporary vacancy, or grant honorarium to any qualified official or employee designated to fill a temporary vacancy in a concurrent capacity, at the rate authorized by law; (x) Provide a mechanism and the appropriate funds therefor, to ensure the safety and protection of all provincial government property, public documents, or records such as those relating to property inventory, land ownership, records of births, marriages, deaths, assessments, taxation, accounts, business permits, and such other records and documents of public interest in the offices and departments of the provincial government; and (xi) When the finances of the provincial government allow, provide for additional allowances and other benefits to judges, prosecutors, public elementary and high school teachers, and other national government officials stationed or assigned to the province. Generate and maximize the use of resources and revenues for the development plans, program objectives

CA VE AT:

(3)

(4)

- 303 and priorities of the province as provided for under Section 18 of this Code, with particular attention to agroindustrial development and country-wide growth and progress and relative thereto, shall: (i) Enact the annual and supplemental appropriations of the provincial government and appropriate funds for specific programs, projects, services and activities of the province, or for other purposes not contrary to law, in order to promote the general welfare of the province and its inhabitants; (ii) Subject to the provisions of Book II of this Code and applicable laws and upon the majority vote of all the members of the sangguniang panlalawigan, enact ordinances levying taxes, fees and charges, prescribing the rates thereof for general and specific purposes, and granting tax exemptions, incentives or reliefs; (iii) Subject to the provisions of Book II of this Code and applicable laws and upon the majority vote of all the members of the sangguniang panlalawigan, authorize the provincial governor to negotiate and contract loans and other forms of indebtedness; (iv) Subject to the provisions of Book II of this Code and applicable laws and upon the majority vote of all the members of the sangguniang panlalawigan, enact ordinances authorizing the floating of bonds or other instruments of indebtedness, for the purpose of raising funds to finance development projects; (v) Appropriate funds for the construction and maintenance or the rental of buildings for the use of the province; and upon the majority vote of all the members of the sangguniang panlalawigan, authorize the provincial governor to lease to private parties such public buildings held in a proprietary capacity, subject to existing laws, rules and regulations; (vi) Prescribe reasonable limits and restraints on the use of property within the jurisdiction of the province; (vii) Review the comprehensive land use plans and zoning ordinances of component cities and municipalities and adopt a comprehensive provincial land use plan, subject to existing laws; and (viii) Adopt measures to enhance the full implementation of the national agrarian reform program in coordination with the Department of Agrarian Reform; Subject to the provisions of Book II of this Code, grant franchises, approve the issuance of permits or licenses, or enact ordinances levying taxes, fees and charges upon such conditions and for such purposes intended to promote the general welfare of the inhabitants of the province, and pursuant to this legislative authority, shall: (i) Fix and impose reasonable fees and charges for all services rendered by the provincial government to private persons or entities; and (ii) Regulate and fix the license fees for such activities as provided for under this Code. Approve ordinances which shall ensure the efficient and effective delivery of basic services and facilities as provided for under Section 17 of this Code, and, in addition to said services and facilities, shall:

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER

(5)

(i) Adopt measures and safeguards against pollution and for the preservation of the natural ecosystem in the province, in consonance with approved standards on human settlements and environmental sanitation; (ii) Subject to applicable laws, facilitate or provide for the establishment and maintenance of waterworks system or district waterworks for supplying water to inhabitants of component cities and municipalities; (iii) Subject to the availability of funds and to existing laws, rules and regulations, provide for the establishment and operation of vocational and technical schools and similar post-secondary institutions; and, with the approval of the Department of Education, Culture and Sports and subject to existing laws on tuition fees, fix reasonable tuition fees and other school charges in educational institutions supported by the provincial government; (iv) Establish a scholarship fund for the poor but deserving students in schools located within its jurisdiction or for students residing within the province; (v) Approve measures and adopt quarantine regulations to prevent the introduction and spread of diseases within its territorial jurisdiction; (vi) Provide for the care of paupers, the aged, the sick, persons of unsound mind, abandoned minors, abused children, disabled persons, juvenile delinquents, drug dependents, and other needy and disadvantaged persons, particularly children and youth below eighteen (18) years of age; subject to availability of funds, establish and support the operation of centers and facilities for said needy and disadvantaged persons; and facilitate efforts to promote the welfare of families below the poverty threshold, the disadvantaged, and the exploited; (vii) Establish and provide the maintenance and improvement of jails and detention centers, institute a sound jail management program, and appropriate funds for the subsistence of detainees and convicted prisoners in the province; (viii) Establish a provincial council whose purpose is the promotion of culture and the arts, coordinate with government agencies and non-governmental organizations and, subject to the availability of funds, appropriate funds for the support and development of the same; (ix) Establish a provincial council for the elderly which shall formulate policies and adopt measures mutually beneficial to the elderly and to the province; and subject to the availability of funds, appropriate funds to support programs and projects for the elderly; and provide incentives for non-governmental agencies and entities to support the programs and projects of the elderly; and Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.

CA VE AT:

- 304 (b) The members of the sangguniang panlalawigan shall receive a minimum monthly compensation corresponding to Salary Grade twenty-seven (27) as prescribed under R.A. No. 6758 and the implementing guidelines issued pursuant thereto.

Caram vs. COMELEC (1993) Facts: The LGC provided for the conversion of the Sub-province of Guimaras into a province and the holding of the plebiscite wherein voters of the Province of Iloilo and the Sub-province of Guimaras were asked to resolve the issue of the conversion of the subprovince to a regular province. Provincial Board of Canvassers of Iloilo issued a certificate proclaiming that the conversion of the Sub-province of Guimaras to a regular province Held: Comelec had no the authority to exclude voters of the Subprovince of Guimaras from voting for the positions of the Governor, Vice-Governor, and Members of the Sangguniang Panlalawigan representing the Second District of the Province of Iloilo because under s462 of the LGC, it was only in the case where the voters ratified the conversion of the Sub-province of Guimaras to a regular province that the President was empowered to appoint the officials of the newly created province. The lawmakers failed to foresee that in the event the negative vote in the plebiscite prevailed, the Sub-province of Guimaras would continue to be a part of the Province of Iloilo and be represented by the officials of the province elected in the May 11, 1992 elections. If YES votes prevailed, it would serve no useful purpose to undo what the COMELEC had done and that there would be no legal basis to call special elections to give a chance to the voters of the Sub-province of Guimaras to vote for the provincial officials of the Province of Iloilo. Official ballots used in the Sub-province of Guimaras contained a space for the voting of a Congressman for the Second Congressional District of Iloilo, a clear indication that the Guimaras voters could vote for said official. There is no evidence that the voters were not able to vote for congressman due to the lack of information dissemination on the part of Comelec that they could do so. NOTES: No need for special elections. The voters had the chance to vote for congressman but they didn’t. The voters are presumed to have abstained.

Q&A Question When I make love, I often start to laugh in the middle of my orgasm. I can't help it. It is slightly unnerving to my boyfriend though. He has never seen this before. Is this normal or are we doing something wrong? Answer

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER No, you are not doing anything wrong. Many women laugh or even cry during or after orgasm. Orgasm can release tremendous emotions during this time of enormous physical release. Orgasm is also a short period of time during which we are often at our most vulnerable. This can lead to all sorts of feelings rushing out. Because men are taught in our society to suppress emotions more than women, it is less common for guys -- but it can happen nonetheless. It is also possible that you are simply becoming enormously ticklish right after orgasm, which is very common for both men and women. Even the slightest touch can be downright uncomfortable due to this sensitivity. Basically, you can reassure him by explaining that this is only occurring because you are having such an intense orgasm. If it was a little hiccup you barely noticed, I doubt you would be laughing your head off!

Appointive Local Officials Common to All Municipalities, Cities, and Provinces – see Human Resource Development

Rapisora vs. Civil Service Commission (1993) Facts: CSC disapproved the permanent appointment of petitioner Edgar Rapisora as prov’l health Officer of Benguet for lack of educational attainment. CSC also asserted that it is not the Secretary of Health but the local chief executive, concurred in by a majority of the members of the sanggunian, must appoint the prov’l health officer by virtue of the new LGC. Held: CSC abused its discretion when it disapproved Rapisora’s appointment for lack of educational attainment. As held in previous cases, when necessary, education, experience or training may be used interchangeable to offset deficiencies. The necessity exists if the appointee’s training or experience is of such a level that the same would more than supplement the deficiency in education considering the demands of the position in question. The decision as to when such necessity arises rests upon the sound discretion of the appointing authority, who is in the best position to determine the needs of his department or agency. The CSC is not empowered to determine or change the kind or nature of the appointment, for it is an essential discretionary power and must be performed by an officer on whom it is vested, the only condition being that the appointee should possess the minimum qualifications required by law.

Aguirre vs. De Castro (1999) Facts:

CA VE AT:

- 305 Atty. Evangeline De Castro was the Chief of the Legal Affairs and Complaint Services of the Division of City Schools of Manila received a letter from Angel Aguirre, City Legal Officer of Manila, w/ complaints against her for gross misconduct and conduct unbecoming of a public officer. Aguirre summoned her to appear before the City legal officer for investigation. Issue: WON the City Legal Officer of Manila had jurisdiction to investigate the complaint against the Chief of the Legal Affairs and Complaint Services of the Division of City Schools of Manila Held: No. The Admin Code, lodged the power to appoint and discipline first-level EEs including De Castro with the regional director of DECS. The LGC did not automatically repeal the Admin Code and implied repeal not lightly presumed. The position of senior legal officer in the Division of City Schools is not one of the offices covered by the city mayor’s POWER OF APPOINTMENT under the LGC. There is also no specific provision in the LGC showing that the POWER TO DISCIPLINE officials in the Division of City Schools has been devolved from the regional director of DECS to the city mayor. There is also no proof that De Castro is one of the devolved personnel w/c are automatically reappointed by the local chief executive The SOURCE OF WAGES is not the only criteria in determining whether the payor may be deemed the ER. Therefore the argument that De Castro’s salary is paid out of city funds, is not determinative of her status as a city EE. The most important factor is the CONTROL TEST. Who has the power to SUPERVISE and DIRECT the work of the EE concerned?

Leagues of LGUs and Elective Officials – LGC Sec491. Purpose of Organization. — There shall be an organization of all barangays to be known as the liga ng mga barangay for the primary purpose of determining the representation of the Liga in the sanggunians, and for ventilating, articulating and crystallizing issues affecting barangay government administration and securing, through proper and legal means, solutions thereto. Sec492. Representation, Chapters, National Liga. — Every barangay shall be represented in said liga by the punong barangay, or in his absence or incapacity, by a sanggunian member duly elected for the purpose among its members, who shall attend all meetings or deliberations called by the different chapters of the liga. The liga shall have chapters at the municipal, city, provincial and metropolitan political subdivision levels. The municipal and city chapters of the liga shall be composed of the barangay representatives of municipal and city barangays respectively. The duly elected presidents of component municipal and city chapters shall constitute the provincial chapter or the metropolitan political subdivision chapter. The duly elected presidents of highly-urbanized cities, provincial chapters, the Metropolitan Manila chapter and metropolitan

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER political subdivision chapters shall constitute the National Liga ng mga Barangay. Sec493. Organization. — The liga at the municipal, city, provincial, metropolitan political subdivision, and national levels directly elect a president, a vice-president, and five (5) members of the board of directors. The board shall appoint its secretary and treasurer and create such other positions as it may deem necessary for the management of the chapter. A secretarygeneral shall be elected from among the members of the national liga and shall be charged with the overall operation of the liga on national level. The board shall coordinate the activities of the chapters of the liga. Sec494. Ex-Officio Membership in Sanggunians. — The duly elected presidents of the liga at the municipal, city and provincial levels, including the component cities and municipalities of Metropolitan Manila, shall serve as ex-officio members of the sangguniang bayan, sangguniang panlungsod, sangguniang panlalawigan, respectively. They shall serve as such only during their term of office as presidents of the liga chapters, which in no case shall be beyond the term of office of the sanggunian concerned. Sec495. Powers, Functions and Duties of the Liga. — The liga shall: (a) Give priority to programs designed for the total development of the barangays and in consonance with the policies, programs and projects of the national government; (b) Assist in the education of barangay residents for people's participation in local government administration in order to promote united and concerted action to achieve country-wide development goals; (c) Supplement the efforts of government in creating gainful employment within the barangay; (d) Adopt measures to promote the welfare of barangay officials; (e) Serve as a forum of the barangays in order to forge linkages with government and non-governmental organizations and thereby promote the social, economic and political wellbeing of the barangays; and (f) Exercise such other powers and perform such other duties and functions which will bring about stronger ties between barangays and promote the welfare of the barangay inhabitants. ARTICLE II: League of Municipalities Sec496. Purpose of Organization. — There shall be an organization of all municipalities to be known as league of municipalities for the primary purpose of ventilating, articulating and crystallizing issues affecting municipal government administration, and securing, through proper and legal means, solutions thereto. The league shall form provincial chapters composed of the league presidents for all component municipalities of the province. Sec497. Representation. — Every municipality shall be represented in the league by the municipal mayor of in his

CA VE AT:

- 306 absence, by the vice-mayor or a sanggunian member duly elected for the purpose by the members, who shall attend all meetings and participate in the deliberations of the league.

Sec498. Powers, Functions and Duties of the League of Municipalities. — The league of municipalities shall: (a) Assist the national government in the formulation and implementation of the policies, programs and projects affecting municipalities as a whole; (b) Promote local autonomy at the municipal level; (c) Adopt measures for the promotion of the welfare of all municipalities and its officials and employees; (d) Encourage people's participation in local government administration in order to promote united and concerted action for the attainment of country-wide development goals; (e) Supplement the efforts of the national government in creating opportunities for gainful employment within the municipalities; (f) Give priority to programs designed for the total development of the municipalities in consonance with the policies, programs and projects of the national government; (g) Serve as a forum for crystallizing and expressing ideas, seeking the necessary assistance of the national government, and providing the private sector avenues for cooperation in the promotion of the welfare of the municipalities; and (h) Exercise such other powers and perform such other duties and functions as the league may prescribe for the welfare of the municipalities. ARTICLE III: League of Cities Sec499. Purpose of Organization. — There shall be an organization of all cities to be known as the League of Cities for the primary purpose of ventilating, articulating and crystallizing issues affecting city government administration, and securing, through proper and legal means, solutions thereto. The league may form chapters at the provincial level for the component cities of a province. Highly-urbanized cities may also form a chapter of the League. The National League shall be composed of the presidents of the league of highly-urbanized cities and the presidents of the provincial chapters of the league of component cities. Sec500. Representation. — Every city shall be represented in the league by the city mayor or in his absence, by the city vicemayor or a sanggunian member duly elected for the purpose by the members, who shall attend all meetings and participate in the deliberations of the league. Sec501. Powers, Functions and Duties of the League of City. — The league of cities shall: (a) Assist the national government in the formulation and implementation of the policies, programs and projects affecting cities as a whole; (b) Promote local autonomy at the city level; (c) Adopt measures for the promotion of the welfare of all cities and its officials and employees;

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER (d) Encourage people's participation in local government administration in order to promote united and concerted action for the attainment of country-wide development goals; (e) Supplement the efforts of the national government in creating opportunities for gainful employment the cities; (f) Give priority to programs designed for the total development of cities in consonance with the policies, programs and projects of the national government; (g) Serve as a forum for crystallizing and expressing ideas, seeking the necessary assistance of the national government and providing the private sector avenues for cooperation in the promotion of the welfare of the cities; and (h) Exercise such other powers and perform such other duties and functions as the league may prescribe for the welfare of the cities. ARTICLE IV: League of Provinces Sec502. Purpose of Organization. — There shall be an organization of all provinces to be known as the League of Provinces for the primary purpose of ventilating, articulating and crystallizing issues affecting provincial and metropolitan political subdivision government administration, and securing, through proper and legal means, solutions thereto. For this purpose, the Metropolitan Manila Area and any metropolitan political subdivision shall be considered as separate provincial units of the league. Sec503. Representation. — Every province shall be represented in the league by the provincial governor or in his absence, by the provincial vice-governor or a sanggunian member duly elected for the purpose by the members, who shall attend all meetings and participate in the deliberations of the league. Sec504. Powers, Functions and Duties of the League of Provinces. — The league of provinces shall: (a) Assist the national government in the formulation and implementation of the policies, programs and projects affecting provinces as a whole; (b) Promote local autonomy at the provincial level; (c) Adopt measures for the promotion of the welfare of all provinces and its officials and employees; (d) Encourage people's participation in local government administration in order to promote united and concerted action for the attainment of countrywide employment within the province; (e) Supplement the efforts of the national government in creating opportunities for gainful employment within the province; (f) Give priority to programs designed for the total development of the provinces in consonance with the policies, programs and projects of the national government; (g) Serve as a forum for crystallizing and expressing ideas, seeking the necessary assistance of the national government and providing the private sector avenues for cooperation in the promotion of the welfare of the provinces; and

CA VE AT:

- 307 (h) Exercise such other powers and perform such other duties and functions as the league may prescribe for the welfare of the provinces and metropolitan political subdivisions.

ARTICLE V: Provisions Common to All Leagues Sec505. Funding. — (a) All leagues shall derive its funds from contributions of member local government units and from fund-raising projects and activities without the necessity of securing permits therefor: Provided, That the proceeds from said fund-raising projects and activities shall be used primarily to fund the projects for which the said proceeds have been raised, subject to the pertinent provision of this Code and the pertinent provisions of the Omnibus Election Code. (b) All funds of leagues shall be deposited as trust funds with its treasurer and shall be disbursed in accordance with the board of director's resolutions, subject to pertinent accounting and auditing rules and regulations: Provided, That the treasurer shall be bonded in an amount to be determined by the board of directors. The funds of a chapter shall be deposited as chapter funds and funds of the national league shall be deposited as national funds. Sec506. Organizational Structure. — To ensure the effective and efficient administration, the leagues for municipalities, cities and provinces shall elect chapter-level and national-level boards of directors and a set of officers headed by the president. A secretary-general shall be chosen from among the national league members to manage the day to day operation and activities of the national league. The board of directors on the chapter or national level may create such other positions as may be deemed necessary for the management of the chapters and of the national league. The national board of directors of the leagues for municipalities, cities or provinces shall coordinate programs, projects and activities of chapter and the nationallevel league. Sec507. Constitution and By-laws of the Liga and the Leagues. — All other matters not herein otherwise provided for affecting the internal organization of the leagues of local government units shall be governed by their respective constitution and by-laws which are hereby made suppletory to the provision of this Chapter: Provided, That said Constitution and By-laws shall always conform to the provisions of the Constitution and existing laws. CHAPTER II: Leagues and Federation of Local Elective Officials Sec508. Organization. — (a) Vice-governors, vice-mayors, sanggunian members of barangays, municipalities, component cities, highly-urbanized cities and provinces, and other elective local officials of local government units, including those of the Metropolitan Manila Area and any metropolitan political subdivisions, may form their respective leagues or federation, subject to applicable provisions of this Title and pertinent provisions of this Code; (b) Sanggunian members of component cities and municipalities shall form a provincial federation and elect a

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER board of directors and a set of officers headed by the president. The duly elected president of the provincial federation of sanggunian members of component cities and municipalities shall be an ex-officio member of the sangguniang panlalawigan concerned and shall serve as such only during his term of office as president of the provincial federation of sanggunian members of component cities and municipalities, which in no case shall be beyond the term of office of the sanggunian panlalawigan concerned. Sec509. Constitution and By-laws. — The leagues or federations shall adopt a Constitution and by-laws which shall govern their internal organization and operation: Provided, That said Constitution and by-laws shall always conform to the provision of the Constitution and existing laws. Sec510. Funding. — The leagues and federations may derive funds from contributions of individual league or federation members or from fund-raising projects or activities. The local government unit concerned may appropriate funds to support the leagues or federation organized pursuant to this Section, subject to the availability of funds.

Galarosa vs. Valencia (1993) Facts: Galarosa was incumbent president of the katipunang bayan or Association of Barangay Councils (ABC) of Sorsogon and was appointed ex officio member of the Sangguniang Bayan (SB) of Sorsogon pursuant to EO 342. Lasay filed for declaratory relief saying that Galarosa's term as an ex officio member of the SB of Sorsogon is coterminous with that of the said SB w/c expired on june 30. Issue: WON Galarosa can continue to serve as a member of the SB beyond 30 June 1992, the date when the term of office of the elective members of the SB of Sorsogon expired Held: Yes, on the basis of the "hold-over doctrine". There is no law which prohibits them from holding over as members of the sangguniang bayan. In fact, the IRR of the LGC and two DILG Memorandum Circulars even expressly allow that hold-over authority to ABC presidents. The purpose of a hold over is to prevent a hiatus in the government pending the time when the successor may be chosen and inducted into office. Section 494 of the Local Government Code could not have been intended to allow a gap in the representation of the barangays, through the presidents of the ABC, in the sanggunian. NOTES: Q: Is this doctrine still relevant? A: Yes, because the local electons and the liga elections not held at the same date. Thus, they don’t assume office at the same date.

CA VE AT:

- 308 -

Miguel vs. CA (1994) supra Under the RRI (Rule 29), the election of the first set of officers of the national and local chapters of the Liga cannot be held unless a constitution and by-laws for the Liga is first adopted and ratified by the incumbent members of the board of the Pambansang Katipunang ng mga Barangay (the members of the board were the presidents of the chapters). Inasmuch as no constitution and bylaws had been drafterd by the committee and ratified by the barangay national assembly when the said Ad Hoc Committee of QC met on April 1992, the said meeting and the elections conducted therein were invalid.

Viola vs. Alunan III (1997) Facts: Cesar G. Viola, filed petition for prohibition challenging the validity of Art. III, §§1-2 of the Revised Implementing Rules and Guidelines for the General Elections of the Liga ng mga Barangay Officers in so far as they provide for the election of first, second and third vice presidents and for auditors for the National Liga ng mga Barangay and its chapters. Issue: WON §§1-2 of the Implementing Rules are valid Held: Yes. The creation of the additional positions is authorized by §493 of LGC w/cn in fact requires — and not merely authorizes — the board of directors to "create such other positions as it may deem necessary for the management of the chapter" and belies petitioner's claim that §493 limits the officers of a chapter to the president, VP, 5 members of the board of directors, secretary, and treasurer. Also, the creation of these positions was actually made in the constitution and by-laws of the Liga ng mga Barangay adopted by the 1st Brgy National Assembly. Congress can delegate the power to create positions such as these. §493 embodies a fairly intelligible standard “deemed necessary for the management of the chapters,". There is no undue delegation of power by Congress. SC decisions have upheld the validity of reorganization statutes authorizing the President of the Philippines to create, abolish or merge offices in the executive department.

Bito-onon vs. Fernandez (2001) Facts: Bito-Onon was proclaimed winner as Executive VP of the Liga ng mga Brgy Provincial Chapter of Palawan. Quejano filed post proclamation protest w/ the Board of Election Supervisors (BES) which decided against him. Quejano filed petition for review w/ RTC. Onon filed MTD claiming that RTC have no JD to review BES decisions in any post proclamation protest. DILG MC 97-193: review of BES decision is w/ any regular courts Guidelines by the Liga: review of BES decision is w/ National Liga Board

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER

- 309 -

Issue1: Does the president’s power of general supervision extend to the liga ng mga brgy which is not an LGU Held: YES. DOJ ruled that the liga ng mga brgy is a gov’t organization, being an association, federation or league or union created by law or by authority of law whose members are either appointed or elected gov’t officals. The ligas are primarily governed by the LGCode. However, their respective constitutions and by laws shall govern all matters affecting the internal organization of the liga not otherwise provided for in the LGCode, provided that such consti and bylaws shall be suppletory to Book II Title VI of LGCode and shall always conform to Constitution and existing laws. In authorizing the filing of the petition for review of BES decision w/ regular courts under MC 97-193 , the DILG sec in effect amended and modified the Guidelines promulgated by the Liga which provides that review of BES decision is w/ National Liga Board. The amendment of the guidelines is more than an exercise of supervision but is an exercise of the power of control w/c the president doesn’t have over the liga.

Q&A Question Can a person distinguish whether a woman is a virgin by the color and size of her nipples? Answer I was scratching my head the first time I read this question a few months ago. Since that time, I have read the same question from hundreds of readers! I think a new urban legend/old wives' tale must be in the works. No, you cannot tell whether a woman -- or a man, for that matter -- has had sex by the size, shape, or color of her or his nipples. I am making a guess here, but I think the origin of this myth may come from the fact that women who have been pregnant do sometimes have larger, darker nipples. But this has nothing to do with simply being sexually active. Folks, I have heard hundreds of people insist that you can tell if a woman is a virgin by everything from how she walks to something about her eyes. The reality is that the only way to know if someone has ever had sex is to ask them. Nothing magical happens to a person's body after they have sex for the first time. Do people look different after they've ridden a horse for the first time or had their first drink? Well, yes, but only for a few hours. :) So, stop looking for ways to "know." Whether or not someone is a "virgin" is such an ambiguous question as to almost be unanswerable anyway.

CA VE AT:

Par t IV: Provisions

Miscel laneous

and

Final

Provisions for Implementation – LGC Sec511. Posting and Publication of Ordinances with Penal Sanctions. — (a) Ordinances with penal sanctions shall be posted at prominent places in the provincial capitol, city, municipal or barangay hall, as the case may be, for a minimum period of three (3) consecutive weeks. Such ordinances shall also be published in a newspaper of general circulation, where available, within the territorial jurisdiction of the local government unit concerned, except in the case of barangay ordinances. Unless otherwise provided therein, said ordinances shall take effect on the day following its publication, or at the end of the period of posting, whichever occurs later. (b) Any public officer or employee who violates an ordinance may be meted administrative disciplinary action, without prejudice to the filing of the appropriate civil or criminal action. (c) The secretary to the sanggunian concerned shall transmit official copies of such ordinances to the chief executive officer of the Office Gazette within seven (7) days following the approval of the said ordinance for publication purposes. The Official Gazette may publish ordinances with penal sanctions for archival and reference purposes. Sec512. Withholding of Benefits Accorded to Barangay Officials. — Willful and malicious withholding of any of the benefits accorded to barangay officials under Section 393 hereof shall be punished with suspension or dismissal from office of the official or employee responsible therefor. Sec513. Failure to Post and Publish the Itemized Monthly Collections and Disbursements. — Failure by the local treasurer of the local chief accountant to post the itemized monthly collections and disbursements of the local government unit concerned within ten (10) days following the end of every month and for at least two (2) consecutive weeks at prominent places in the main office building of the local government unit concerned, its plaza and main street, and to publish said itemization in a newspaper of general circulation, where available, in the territorial jurisdiction of such unit, shall be punished by a fine not exceeding Five hundred pesos (P500.00)

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER or by imprisonment not exceeding one (1) month, or both such fine and imprisonment, at the discretion of the court. Sec514. Engaging in Prohibited Business Transactions or Possessing Illegal Pecuniary Interest. — Any local official and any person or persons dealing with him who violate the prohibitions provided in Section 89 of Book I hereof, shall be punished with imprisonment for six months and one day to six years, or a fine of not less than Three thousand pesos (P3,000.00) nor more than Ten thousand pesos (P10,000.00), or both such imprisonment and fine at the discretion of the court. Sec515. Refusal or Failure of Any Party or Witness to Appear before the Lupon or Pangkat. — Refusal or willful failure of any party or witness to appear before the lupon or pangkat in compliance with a summons issued pursuant to the provisions on the Katarungang Pambarangay under Chapter 7, Title III of this Code may be punished by the city or municipal court as for indirect contempt of court upon application filed therewith by the lupon chairman, the pangkat chairman, or by any of the contending parties. Such refusal or willful failure to appear shall be reflected in the records of the lupon secretary or in the minutes of the pangkat secretary and shall bar the complainant who fails to appear, from seeking judicial recourse for the same cause of action, and the respondent who refuses to appear, from filing any counterclaim arising out of, or necessarily connected with the complaint. A pangkat member who serves as such shall be entitled to an honorarium, the amount of which is to be determined by the sanggunian concerned subject to the provisions in this Code cited above. Sec516. Penalties for Violation of Tax Ordinances. — The sanggunian of a local government unit is authorized to prescribe fines or other penalties for violation of tax ordinances but in no case shall such fines be less than One thousand pesos (P1,000.00) nor more than Five thousand pesos (P5,000.00), nor shall imprisonment be less than one (1) month nor more than six (6) months. Such fine or other penalty, or both, shall be imposed at the discretion of the court. The sangguniang barangay may prescribe a fine of not less than One hundred pesos (P100.00) nor more than One thousand pesos (P1,000.00). Sec517. Omission of Property from Assessment or Tax Rolls by Officers and Other Acts. — Any officer charged with the duty of assessing real property who willfully fails to assess, or who intentionally omits from the assessment or tax roll any real property which he knows to be taxable, or who willfully or negligently under assesses any real property, or who intentionally violates or fails to perform any duty imposed upon him by law relating to the assessment of taxable real property shall, upon conviction, be punished by a fine of not less than One thousand pesos (P1,000.00) nor more than Five thousand pesos (P5,000.00), or by imprisonment of not less than one (1) month nor more than six (6) months, or both such fine and imprisonment, at the discretion of the court.

CA VE AT:

- 310 The same penalty shall be imposed upon any officer charged with the duty of collecting the tax due on real property who willfully or negligently fails to collect the tax and institute the necessary proceedings for the collection of the same. Any other officer required by this Code to perform acts relating to the administration of the real property tax or to assist the assessor or treasurer in such administration, who willfully fails to discharge such duties shall, upon conviction be punished by a fine of not less than Five hundred pesos (P500.00) nor more than Five thousand pesos (P5,000.00) or imprisonment of not less than one (1) month nor more than six (6) months, or both such fine and imprisonment, at the discretion of the court.

Sec518. Government Agents Delaying Assessment of Real Property and Assessment Appeals. — Any government official who intentionally and deliberately delays the assessment of real property or the filing of any appeal against its assessment shall, upon conviction, be punished by a fine of not less than Five hundred pesos (P500.00) nor more than Five thousand pesos (P5,000.00), or by imprisonment of not less than one (1) month nor more than six (6) months, or both such fine and imprisonment, at the discretion of the court. Sec519. Failure to Dispose of Delinquent Real Property at Public Auction. — The local treasurer concerned who fails to dispose of delinquent real property at public auction in compliance with the pertinent provisions of this Code, and any other local government official whose acts hinder the prompt disposition of delinquent real property at public auction shall, upon conviction, be subject to a fine of not less than One thousand pesos (P1,000.00) nor more than Five thousand pesos (P5,000.00), or imprisonment of not less than one (1) month nor more than six (6) months, or both such fine and imprisonment, at the discretion of the court. Sec520. Prohibited Acts Related to the Award of Contracts Under the Provisions on Credit Financing. — It shall be unlawful for any public official or employee in the provincial, city, or municipal government, or their relatives within the fourth civil degree of consanguinity or affinity, to enter into or have any pecuniary interest in any contract for the construction, acquisition, operation or maintenance of any project awarded pursuant to the provisions of Title Four in Book II hereof, or for the procurement of any supplies, materials, or equipment of any kind to be used in the said project. Any person convicted for violation of the provisions of said Title shall be removed from office and shall be punishable by imprisonment of not less than one (1) month, nor more than two (2) years, at the discretion of the court, without prejudice to prosecution under other laws. TITLE II: Provisions for Implementation Sec521. Mandatory Review Every Five Years. — Congress shall undertake a mandatory review of this Code at least once every five (5) years and as often as it may deem necessary, with the primary objective of providing a more responsive and accountable local government structure.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Sec522. Insurance Coverage. — The Government Service Insurance System (GSIS) shall establish and administer an appropriate system under which the punong barangay, the members of the sangguniang barangay, the barangay secretary, the barangay treasurer, and the members of the barangay tanod shall enjoy insurance coverage as provided in this Code and other pertinent laws. For this purpose, the GSIS is hereby directed to undertake an actuarial study, issue rules and regulations, determine the premiums payable, and recommend to Congress the amount of appropriations needed to support the system. The amount needed for the implementation of the said insurance shall be included in the annual General Appropriations Act. Sec523. Personnel Retirement and/or Benefits. — An official or employee of the national government or local government unit separated from the service as a result of reorganization effected under this Code shall, if entitled under the laws then in force, receive the retirement and other benefits accruing thereunder: Provided, however, That such benefits shall be given funding priority by the Department of Budget and Management in the case of national officials and employees, and the local government unit concerned in the case of local officials and employees. Where the employee concerned is not eligible for retirement, he shall be entitled to a gratuity from the national government or the local government unit concerned, as the case may be, equivalent to an amount not lower than one (1) month salary for every year of service over and above the monetary value of the leave credits said employee is entitled to receive pursuant to existing laws. Sec524. Inventory of Infrastructure and Other Community Facilities. — (a) Each local government unit shall conduct a periodic inventory of infrastructure and other community facilities and undertake the maintenance, repair, improvement, or reconstruction of these facilities through a closer cooperation among the various agencies of the national government operating within the province, city, or municipality concerned. (b) No infrastructure or community project within the territorial jurisdiction of any local government unit shall be undertaken without informing the local chief executive and the sanggunian concerned. Sec525. Records and Properties. — All records, equipment, buildings, facilities, and other properties of any office or body of a local government unit abolished or reorganized under this Code shall be transferred to the office or body to which its powers, functions, and responsibilities are substantially devolved.

Transitory Provisions – LGC Sec526. Application of this Code to Local Government Units in the Autonomous Regions. — This Code shall apply to all provinces, cities, municipalities and barangays in the

CA VE AT:

- 311 autonomous regions until such time as the regional government concerned shall have enacted its own local government code.

Sec527. Prior Approval or Clearance on Regular and Recurring Transactions. — Six (6) months after effectivity of this Code, prior approval of or clearance from national agencies or offices shall no longer be required for regular and recurring transactions and activities of local government units. Sec528. Deconcentration of Requisite Authority and Power. — The national government shall, six (6) months after the effectivity of this Code, effect the deconcentration of requisite authority and power to the appropriate regional offices or field offices of national agencies or offices whose major functions are not devolved to local government units. Sec529. Tax Ordinances or Revenue Measures. — All existing tax ordinances or revenue measures of local government units shall continue to be in force and effect after the effectivity of this Code unless amended by the sanggunian concerned, or inconsistent with, or in violation of, the provisions of this Code. Sec530. Local Water Districts. — All powers, functions, and attributes granted by Presidential Decree Numbered One hundred ninety-eight (P.D. No. 198), otherwise known as "The Provincial Water Utility Act of 1973," to the Local Water Utilities Administration (LWUA) may be devolved in toto to the existing local water districts should they opt or choose to exercise, in writing, such powers, functions and attributes: Provided, That all obligations of the local government unit concerned to the LWUA shall first be settled prior to said devolution. Sec531. Debt Relief for Local Government Units. — (a) Unremitted national collections and statutory contributions. — All debts owed by local government units to the national government in unremitted contributions to the Integrated National Police Fund, the Special Education Fund, and other statutory contributions as well as in unremitted national government shares of taxes, charges, and fees collected by the local government units, are hereby written off in full. (b) Program loans. — (1) Program loans secured by local government units which were relent to private persons, natural or juridical, shall likewise be written off from the books of the local government units concerned: Provided, however, That the national government agency tasked with the implementation of these programs shall continue to collect from the debtors belonging to the private sector concerned. (2) Program loans granted to local government units by national government agencies and which were utilized by the local units for community development, livelihood, and other small-scale projects are hereby written off in full. (c) Settlement of debts due to government financing institutions (GFIs), government-owned and controlled

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER corporations (GOCCs), and private utilities. The national government shall assume all debts incurred or contracted by local government units from GFIs, GOCCs, and private utilities that are outstanding as of December 31, 1988, in accordance with the following schemes: (1) Debts due GFIs. — The national government may buy outstanding obligations incurred by local government units from government financing institutions at a discounted rate. (2) Debts due GOCCs. — The national government may settle such obligations at discounted rate through offsetting, only to the extent of the obligations of local governments against the outstanding advances made by the National Treasury in behalf of the government-owned and controlled corporations concerned. (3) Debts Due Private Utilities. — The national government may settle these obligations at a discounted rate by offsetting against the outstanding obligations of such private utilities to government-owned corporation. GOCCs may in turn offset these obligations against the outstanding advances made by the National Treasury in their behalf. In the case of obligation owed by local government units to private utilities which are not indebted to any GOCC or national government agency, the national government may instead buy the obligations of the local government units from the private utilities at a discounted rate, upon concurrence by the private utilities concerned. (d) Limitations. — Obligations to the Home Development and Mutual Fund (Pag-ibig), Medicare, and those pertaining to premium contributions and amortization payments of salary and policy loans to the Government Service Insurance System are excluded from the coverage of this Section. (e) Recovery schemes for the national government. — Local government units shall pay back the national government whatever amounts were advanced or offset by the national government to settle their obligations to GFIs, GOCCs, and private utilities. The national government shall not charge interest or penalties on the outstanding balance owed by the local government units. These outstanding obligations shall be restructured and an amortization schedule prepared, based on the capability of the local government unit to pay, taking into consideration the amount owed to the national government. The national government is hereby authorized to deduct from the quarterly share of each local government unit in the internal revenue collections an amount to be determined on the basis of the amortization schedule of the local unit concerned: Provided, That such amount shall not exceed five percent (5%) of the monthly internal revenue allotment of the local government unit concerned. As incentive to debtor-local government units to increase the efficiency of their fiscal administration, the national government shall write off the debt of the local government unit concerned at the rate of five percent (5%) for every one percent (1%) increase in revenues generated by such local government unit over that of the preceding year. For this purpose, the annual increase in

CA VE AT:

- 312 local revenue collection shall be computed starting from the year 1988. (f) Appropriations. — Such amount as may be necessary to implement the provisions of this Section shall be included in the annual General Appropriations Act.

Sec532. Elections for the Sangguniang Kabataan. — (a) The first elections for the sangguniang kabataan to be conducted under this Code shall be held thirty (30) days after the next local elections: Provided, That, the regular elections for the sangguniang kabataan shall be held one hundred twenty (120) days after the barangay elections thereafter. (b) The amount pertaining to the ten percent (10%) allocation for the kabataang barangay as provided for in Section 103 of Batas Pambansa Blg. 337 is hereby reappropriated for the purpose of funding the first elections mentioned above. The balance of said funds, if there by any after the said elections, shall be administered by the Presidential Council for Youth Affairs for the purpose of training the newly elected sangguniang kabataan officials in the discharge of their functions. (c) For the regular elections of the sangguniang kabataan, funds shall be taken from the ten percent (10%) of the barangay funds reserved for the sangguniang kabataan, as provided for in Section 328 of this Code. (d) All seats reserved for the pederasyon ng mga sangguniang kabataan in the different sanggunians shall be deemed vacant until such time that the sangguniang kabataan chairmen shall have been elected and the respective pederasyon presidents have been selected: Provided, That, elections for the kabataang barangay conducted under Batas Pambansa Blg. 337 at any time between January 1, 1988 and January 1, 1992 shall be considered as the first elections provided for in this Code. The term of office of the kabataang barangay officials elected within the said period shall be extended correspondingly to coincide with the term of office of those elected under this Code. Sec533. Formulation of Implementing Rules and Regulations. — (a) Within one (1) month after the approval of this Code, the President shall convene the Oversight shall formulate and issue the appropriate rules and regulations necessary for the efficient and effective implementation of any and all provisions of this Code, thereby ensuring compliance with the principles of local autonomy as defined under the Constitution. (b) The Committee shall be composed of the following: (1) The Executive Secretary, who shall be the Chairman; (2) Three (3) members of the Senate to be appointed by the President of the Senate, to include the Chairman of the Committee on Local Government; (3) Three (3) members of the House of Representatives to be appointed by the Speaker, to include the Chairman of the Committee on Local Government; (4) The Cabinet, represented by the following: (i) Secretary of the Interior and Local Government; (ii)Secretary of Finance; (iii) Secretary of Budget and Management; and

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER (5)

One (1) representative from each of the following: (i) The League of Provinces; (ii)The League of Cities; (iii) The League of Municipalities; and (iv) The Liga ng mga Barangay. (c) The Committee shall submit its report and recommendation to the President within two (2) months after its organization. If the President fails to act within thirty (30) days from receipt thereof, the recommendation of the Oversight Committee shall be deemed approved. Thereafter, the Committee shall supervise the transfer of such powers and functions mandated under this Code to the local government units, together with the corresponding personnel, properties, assets and liabilities of the offices or agencies concerned, with the least possible disruptions to existing programs and projects. The Committee shall likewise recommend the corresponding appropriations necessary to effect the said transfer. For this purpose, the services of a technical staff shall be enlisted from among the qualified employees of Congress, the government offices, and the leagues constituting the Committee. (d) The funding requirements and the secretariat of the Committee shall be provided by the Office of the Executive Secretary. (e) The sum of Five million pesos (P5,000,000), which shall be charged against the Contingent Fund, is hereby allotted to the Committee to fund the undertaking of an information campaign on this Code. The Committee shall formulate the guidelines governing the conduct of said campaign, and shall determine the national agencies or offices to be involved for this purpose.

Application of the Code to Local Government Units in the Autonomous Regions – LGC Sec526. Application of this Code to Local Government Units in the Autonomous Regions. — This Code shall apply to all provinces, cities, municipalities and barangays in the autonomous regions until such time as the regional government concerned shall have enacted its own local government code.

Q&A Question I am almost 54 and I am in a relationship with a woman again after being alone for many years. I can still get erections, but not like I once did. How can I regain my previous erections? Answer Assuming you are in good health and there are no other problems, there is really not much you can do, but that is okay. In our youth-obsessed culture, we are often led to believe that being like a twenty year old is the best way to be. The reality is that all men will take longer to get an erection as they get older.

CA VE AT:

- 313 -

The days of getting an instant "hard on" whenever you see a doorknob are probably over. As men get older, they require more direct stimulation, take longer to get an erection, and often don't have as firm erections. However, this lack of speed is not actually a shortcoming. Many men find, for example, that they have much better orgasm control as they get older. Most importantly, having an instant erection is not synonymous with good sex. You have a world of knowledge and experience now. Almost no 20 year old can match a 50 year old as a lover!

The Auto no mous R egi on in Musli m Mind an ao 1987 Constitution – Article X Sec1. The territorial and political subdivisions of the Republic of the Philippines are the provinces, cities, municipalities, and barangays. There shall be autonomous regions in Muslim Mindanao and the Cordilleras as hereinafter provided. Sec15. There shall be created autonomous regions in Muslim Mindanao and in the Cordilleras consisting of provinces, cities, municipalities, and geographical areas sharing common and distinctive historical and cultural heritage, economic and social structures, and other relevant characteristics within the framework of this Constitution and the national sovereignty as well as territorial integrity of the Republic of the Philippines. Sec16. The President shall exercise general supervision over autonomous regions to ensure that the laws are faithfully executed. Sec18. The Congress shall enact an organic act for each autonomous region with the assistance and participation of the regional consultative commission composed of representatives appointed by the President from a list of nominees from multisectoral bodies. The organic act shall define the basic structure of government from the region consisting of the executive department and legislative assembly, both of which shall be elective and representative of the constituent political units. The organic acts shall likewise provide for special courts with personal, family, and property law jurisdiction consistent with the provisions of this Constitution and national laws. The creation of the autonomous region shall be effective when approved by majority of the votes cast by the constituent units in a plebiscite called for the purpose, provided that only provinces, cities, and geographic areas voting favorably in such plebiscite shall be included in the autonomous region. Sec20. Within its territorial jurisdiction and subject to the provisions of this Constitution and national laws, the organic act of autonomous regions shall provide for legislative powers over: (1) Administrative organization; (2) Creation of sources of revenues;

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER (3) (4) (5) (6) (7) (8) (9)

Ancestral domain and natural resources; Personal, family, and property relations; Regional urban and rural planning development; Economic, social, and tourism development; Educational policies; Preservation and development of the cultural heritage; and Such other matters as may be authorized by law for the promotion of the general welfare of the people of the region.

Sec21. The preservation of peace and order within the regions shall be the responsibility of the local police agencies which shall be organized, maintained, supervised, and utilized in accordance with applicable laws. The defense and security of the regions shall be the responsibility of the National Government. RA 6734 (1989) AN ACT PROVIDING FOR AN ORGANIC ACT FOR THE AUTONOMOUS REGION IN MUSLIM MINDANAO RA 8746 (1999) AN ACT PROVIDING FOR THE DATE OF THE REGULAR ELECTIONS OF REGIONAL GOVERNOR, REGIONAL VICE-GOVERNOR AND MEMBERS OF THE REGIONAL LEGISLATIVE ASSEMBLY OF THE ARMM For 1996 – 9 SEPT 99 For 1999 – 2nd Monday of September RA 9012 (2000) AN ACT RESETTING THE REGULAR ELECTIONS FOR ELECTIVE OFFICIALS OF ARMM TO THE SECOND MONDAY OF SEPTEMBER 2001 AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 8953

RA 9054 (2001) - An Act To Strengthen And Expand The Organic Act For The Autonomous Region In Muslim Mindanao, Amending For The Purpose Republic Act No. 6734, Entitled 'An Act Providing For The Autonomous Region In Muslim Mindanao', As Amended ARTICLE I: Name and Purpose Sec1. The name of the Autonomous Region shall be the Autonomous Region in Muslim Mindanao unless provided otherwise by the Regional Assembly. The Autonomous Region in Muslim Mindanao shall be governed by the Regional Government. ARTICLE II: The Autonomous Region Area and Seat of Government Sec1. Expanded Autonomous Region. — (1) The Autonomous Region in Muslim Mindanao which, under the provisions of Republic Act No. 6734, the Organic Act for the Autonomous Region in Muslim Mindanao, is composed of the four provinces of Lanao del Sur, Maguindanao, Sulu and Tawi-Tawi, is hereby expanded to include the provinces and cities, enumerated hereunder, which vote favorably to be included in the expanded area of the autonomous region and for

CA VE AT:

- 314 other purposes, in a plebiscite called for that purpose in accordance with Section 18, Article X of the Constitution. The new area of autonomy shall then be determined by the provinces and cities that will vote/choose to join the said autonomy. It is understood that Congress may by law which shall be consistent with the Constitution and in accordance with the provisions of Republic Act No. 7160, the Local Government Code of 1991, provide that clusters of contiguous-Muslimdominated municipalities voting in favor of autonomy be merged and constituted into a new province(s) which shall become part of the new Autonomous Region. (2) Plebiscite Coverage. The plebiscite shall be conducted in the provinces of Basilan, Cotabato, Davao del Sur, Lanao del Norte, Lanao del Sur, Maguindanao, Palawan, Sarangani, South Cotabato, Sultan Kudarat, Sulu, Tawi-Tawi, Zamboanga del Norte, Zamboanga del Sur and the newly created Province of Zamboanga Sibugay, and (b) in the cities of Cotabato, Dapitan, Dipolog, General Santos, Iligan, Kidapawan, Marawi, Pagadian, Puerto Princesa, Digos, Koronadal, Tacurong and Zamboanga. (a) PLEBISCITE QUESTION FOR VOTERS OF THE FOUR ORIGINAL PROVINCES OF THE AUTONOMOUS REGION. For the voters of the provinces of Maguindanao, Lanao del Sur, Sulu and Tawi-Tawi which are already members of the autonomous region under the provisions of Republic Act No. 6734, the Organic Act for the Autonomous Region in Muslim Mindanao, the question to be asked in the plebiscite of the voters therein shall be as follows: Do you vote in favor of the amendments to Republic Act No. 6734, the Organic Act for the Autonomous Region in Muslim Mindanao, as proposed under this Organic Act, which includes, among other things, the expansion of the area of the autonomous region? (b) PLEBISCITE QUESTION FOR THE VOTERS OF THE PROVINCES AND CITIES PROPOSED FOR INCLUSION IN THE EXPANDED AUTONOMOUS REGION. For the voters of the provinces of Basilan, Cotabato, Davao del Sur, Lanao del Norte, Palawan, Sarangani, South Cotabato, Sultan Kudarat, Zamboanga del Norte, Zamboanga del Sur, and the newly created Province of Zamboanga Sibugay, and the cities of Cotabato, Dapitan, Dipolog, Digos, Koronadal, Tacurong, General Santos, Iligan, Kidapawan, Marawi, Pagadian, Puerto Princesa, and Zamboanga, which compose the provinces and cities that are proposed for inclusion in the expanded area of the autonomous region, the question to be asked in the plebiscite of the voters therein shall be as follows: Do you vote in favor of the inclusion of your province or city in the Autonomous Region in Muslim Mindanao?

Sec2. Results of the Plebiscite. — (a) In the four provinces. If the majority of the voters of the four provinces of Lanao del Sur Maguindanao, Sulu, and Tawi-Tawi vote in favor of the above-mentioned proposed amendments, the amendments are deemed ratified. Otherwise, the amendments are deemed rejected except as regards the

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER inclusion of the provinces and cities that vote for their inclusion in the autonomous region as provided in this Organic Act, in which case, the said provinces and cities shall become members of the autonomous region. (b) In the provinces or cities proposed for inclusion in the expanded area of the autonomous region. A majority of the votes cast in the plebiscite in every province or city in favor of the inclusion of the province or city as members of the expanded area of the autonomous region as provided in this Organic Act shall effect their membership in the autonomous region. Sec3. Seat of Autonomous Government. — The regional legislative assembly, hereinafter referred to as the Regional Assembly, shall by law, fix the permanent seat of government of the regional government in any province or city that is a member of the autonomous region, taking into consideration accessibility and efficiency in which its mandate may be carried out under this Organic Act. Until the seat of the regional government is transferred as provided above, its provisional seat shall be in Cotabato City. The Regional Assembly elected after the plebiscite mentioned in this Organic Act, shall, within its term, identify the site of the permanent seat of the regional government. The central government which shall also mean the national government shall appropriate funds for the transfer of the provisional seat to its permanent site as determined by the Regional Assembly. ARTICLE III: Guiding Principles and Policies Sec1. Integral Part of the Republic. Sec2. Peaceful Settlement of Conflicts. Sec3. Devolution of Powers. — The regional government shall adopt a policy on local autonomy whereby regional powers shall be devolved to local government units particularly in areas of education, health, human resource, science and technology and people empowerment. Until a law implementing this provision is enacted by the Regional Assembly, Republic Act No. 7160 the Local Government Code of 1991, shall continue to apply to all the provinces, cities, municipalities, and barangay within the autonomous region. The Regional Assembly may not pass any law to diminish lessen, or reduce the powers, functions, and shares in the internal revenue taxes of the said local government units as provided by Republic Act No. 7160, the Local Government Code of 1991. Sec4. Charters Govern Cities. — Sec5. Customs, Traditions, Religious Freedom Guaranteed. Sec6. Filipino and Islamic Values In Educational Policies. — The regional government shall adopt educational policies that shall perpetuate Filipino and Islamic values and ideals and the just aspirations of the Bangsa Moro with due respect to the beliefs, customs, traditions, and religions of the other non-Muslim inhabitants of the region be they Christians, Jews, Buddhists, or of any other religious denomination. Sec7. Improving Status of the Marginalized. Sec8. Regional Government Authority Over Natural Resources.

CA VE AT:

- 315 Sec9. Preferential Rights of Inhabitants and Their Safeguards. Sec10. Protection Of Women and Children. Sec11. Enhancement of Quality of Life Sec12. Progressive Tax System. — The Regional Assembly shall adopt an efficient and progressive system of taxation which, among other things, shall provide incentives for the prompt payment of taxes and penalize tax evasion and delinquency. Sec13. Equitable Share In National Budget and Development Assistance. Sec14. Rights to Initiatives, Consultations, Referenda and Plebiscites. Sec15. Fundamental Rights and Duties of People. Sec16. Human Rights Commission. Sec17. Environment Protection and Sustainable Development. ARTICLE IV: Powers of Government Sec1. Powers and Functions. — Subject to the provisions of the Constitution, the Regional Government shall exercise those powers and functions expressly granted to it in this Organic Act, or necessary for or incidental to the proper governance and development of all the constituent units within the autonomous region consistent with the policy on regional and local autonomy and decentralization. The Regional Government may enact its own regional administrative code and regional local government code consistent with the Constitution. The powers and functions already vested upon and the shares of the national taxes provided by Republic Act No. 7160, the Local Government Code of 1991, to provinces, cities, municipalities, and barangay in the autonomous region shall not be reduced. Sec2. Corporate Entity. Sec3. Scope of Regional Assembly Legislative Power Exceptions. — The Regional Assembly may exercise legislative power in the autonomous region for the benefit of the people and for the development of the region except on the following matters: (a) Foreign affairs; (b) National defense and security; (c) Postal service; (d) Coinage and fiscal and monetary policies; (e) Administration of justice; It may, however, legislate on matters covered by the Shari'ah. The Shari'ah shall apply only to Muslims. Its application shall be limited by pertinent constitutional provisions, particularly by the prohibition against cruel and unusual punishment and by pertinent national legislation that promotes human rights and the universally accepted legal principles and precepts; (f) Quarantine; (g) Customs and tariff; (h) Citizenship; (i) Naturalization, immigration and deportation; (j) General auditing; (k) National elections;

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER (l) Maritime, land and air transportation, and communications; The autonomous government shall, however, have the power to grant franchises, licenses and permits to land, sea and air transportation plying routes in the provinces or cities within the region, and communications facilities whose frequencies are confined to and whose main offices are located within the autonomous region; (m) Patents, trademarks, trade names, and copyrights; and (n) Foreign trade. Sec4. General Welfare Powers. Sec5. Representation In Central government or national government Departments, Offices. Sec6. Eminent Domain.. ARTICLE V: Inter-Governmental Relations Sec1. General Supervision of the President Over the Regional Governor. — Consistent with the Constitution and basic policy on local autonomy, the President of the Republic shall exercise general supervision over the Regional Governor to ensure that his or her acts are within the scope of his or her powers and functions. The power of supervision of the President over the provincial governors and the mayors of the highly urbanized cities shall be exercised through the Regional Governor; over the mayors of the component cities and municipalities, through the provincial governor and over the punong barangay, through the city or municipal mayor. In addition to other acts which he or she may impose under the Constitution and this Organic Act, the President may suspend, reduce, or cancel the financial blocks or grants-in-aid, funds for infrastructure, and other forms of assistance intended for the autonomous region (1) if the regional government fails to account for the funds and financial assistance released to it by the central government or national government, within one month from the end of every quarter in which the funds and financial assistance had been released or (2) when measures for the protection and enhancement of the civil, human, political or religious rights of the lumads, Christians and other minorities in the autonomous region ordained by the Constitution and this Organic Act, are not respected or are violated or are not implemented within one (1) year from its enactment. The President may suspend the Regional Governor for a period not exceeding six (6) months for willful violation of the Constitution, this Organic Act or any existing law that applies to the autonomous region. Sec2. Cabinet Membership. Sec3. Shari'ah and Tribal Courts; Coordination With Central Government or National Government. Sec4. Representation of Autonomous Region in General in the Central Government or National Government. — Sec5. Representatives In Executive Departments and Constitutional Bodies. — Sec6. Ex Officio Member of the National Security Council.

CA VE AT:

Sec7. Representatives Controlled Corporations.

In

- 316 Government-Owned Or-

ARTICLE VI: The Legislative Department Sec1. Regional Assembly. Sec2. Election of Regional Assembly. — The Regional Assembly shall be composed of Members elected by popular vote, with three (3) members elected from each of the legislative districts. Sec3. Sectoral Representatives. Sec4. Term of Office. —(3) years which shall begin, at noon on the 30th day of September next following the day of the election and shall end at noon of the same date three (3) years thereafter and No member of the Regional Assembly shall serve more than three (3) consecutive terms. Voluntary renunciation of or removal from office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected. Sec5. Filling of Vacancy. — In case of vacancy in the Regional Assembly occurring at least one (1) year before the expiration of the term of office, a special election shall be called to fill the vacancy in the manner prescribed by regional law. The member elected shall serve only for the unexpired term. Sec6. Qualifications of Members of Regional Assembly. — No person shall be a member of the Regional Assembly unless he or she is: (1) A natural-born citizen of the Philippines; (2) At least twenty-one (21) years of age on the day of the election; (3) Able to read and write; (4) A registered voter of the district in which he or she shall be elected on the day he or she files his or her certificate of candidacy; and (5) A resident thereof for a period of not less than five (5) years immediately preceding the day of the election. Sec7. Oath of Office. Sec8. Salaries. Sec9. Forfeiture of Seat. Sec10. Disclosure of Financial or Business Interests Sec11. Prohibited Acts for Members of the Regional Assembly. Sec12. Parliamentary Immunity. Sec13. Rules of Procedure; Discipline of Members and Civil Service Rules. Sec14. Questioning Cabinet Members and Other Officials. Sec15. Regular and Special Sessions. Sec16. Passage of Bills. Sec17. Approval of Bills and Overriding of Veto. Sec18. Submittal of Bills to the President and Congress. Sec19. Creation, Division or Abolition of Provinces, Cities, Municipalities or Barangay. — The Regional Assembly may create; divide, merge, abolish, or substantially alter boundaries of provinces, cities, municipalities, or barangay in accordance with the criteria laid down by Republic Act No. 7160, the Local Government Code of 1991, subject to the approval by a majority of the votes cast in a plebiscite in the political units directly affected. The Regional Assembly may prescribe standards lower than those mandated by Republic Act No. 7160,

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER the Local Government Code of 1991, in the creation, division, merger, abolition, or alteration of the boundaries of provinces, cities, municipalities, or barangay. Provinces, cities, municipalities, or barangay created, divided, merged, or whose boundaries are altered without observing the standards prescribed by Republic Act No. 7160, the Local Government Code of 1991, shall not be entitled to any share of the taxes that are allotted to the local governments units under the provisions of the Code. The financial requirements of the provinces, cities, municipalities, or barangay so created, divided, or merged shall be provided by the Regional Assembly out of the general funds of the Regional Government. The holding of a plebiscite to determine the will of the majority of the voters of the areas affected by the creation, division, merger, or whose boundaries are being altered as required by Republic Act No. 7160, the Local Government Code of 1991, shall, however, be observed. The Regional Assembly may also change the names of local government units, public places and institutions, and declare regional holidays. Sec20. Annual Budget and Infrastructure Funds. ARTICLE VII: The Executive Department Sec1. Executive Power. — The executive power shall be vested in a Regional Governor. He shall be elected by the qualified voters of the autonomous region. Sec2. Regional Governor and Cabinet Members. — The Regional Governor shall appoint the members of the cabinet not exceeding ten (10) members, at least six (6) of whom shall come from indigenous cultural communities. Sec3. Qualifications of Regional Governor and Regional Vice Governor. — No person may be elected Regional Governor or Regional Vice Governor of the autonomous region unless he or she is a natural-born citizen of the Philippines, a registered voter of the autonomous region, able to read and write, at least, thirty-five (35) years of age on the day of the election, and a resident of the autonomous region for, at least, one (1) year immediately preceding the election. Sec4. Election of Regional Governor and Regional Vice Governor. — The Regional Governor and the Regional Vice Governor shall be elected as a team by the qualified voters of the autonomous region. A vote for a candidate for Regional Governor shall be counted as a vote for his teammate for Regional Vice Governor. A vote for a Regional Vice Governor shall be counted as a vote for his teammate for Regional Governor. For purposes of their election, the candidates for Regional Governor and Regional Vice Governor shall belong to the same political party or coalition of parties. The Commission on Elections shall promulgate the necessary rule or rules to give effect to this provision of law. Sec5. Regional Vice Governor Appointment to or Removal from the Cabinet. Sec6. Executive Council; Deputy Regional Governors. — The Regional Governor shall appoint three (3) deputies each representing the Christians, indigenous cultural communities, and the Muslims in the region. The Regional Governor, the Regional Vice Governor, and the three (3) deputies shall

CA VE AT:

- 317 comprise the executive council of the autonomous government. Sec7. Terms of Office of Elective Regional Officials. — (3) years, which shall begin at noon on the 30th day of September next following the day of the election and shall end at noon of the same date three (3) years thereafter. The incumbent elective officials of the autonomous region shall continue in effect until their successors are elected and qualified. Term limits – not more than three (3) consecutive terms. Sec8. Oaths or Affirmation of Office of the Regional Governor and Regional Vice Governor. Sec9. Compensation of Regional Governor and Vice Governor. Sec10. Regional Governor Housing and Travel Allowance. Sec11. Succession to Regional Governorship in Cases of Permanent Vacancy. Sec12. Succession to Regional Governorship in Cases of Temporary Incapacity. Sec13. Removal of Regional Governor or Regional Vice Governor. Sec14. Recall of Regional Governor, Regional Vice Governor or Members of Regional Assembly. Sec15. Punishment for Disorderly Behavior. Sec16. Prohibition Against Holding of Other Offices or Conflict of Interests. Sec17. Appointments by Acting Regional Governor. — effective, unless revoked by the elected Regional Governor within ninety (90) days from his or her assumption of office. Sec18. The Regional Governor shall not issue appointments remove personnel, or, unless authorized by the Commission on Elections, undertake public works projects within the prohibited period before and after a regional election as provided by law. Sec19. Appointments by Regional Governor. — The Regional Governor shall appoint, in addition to the members of the cabinet and their deputies, the chairmen and members of the commissions and the heads of bureaus of the Regional Government, and those whom he may be authorized by this Organic Act, or by regional law to appoint. The Regional Assembly may, by law, vest the appointment of other officers or officials lower in rank on the heads of departments, agencies, commissions, or boards. The powers, functions, responsibilities, and structure of the departments, agencies, bureaus, offices, and instrumentalities of the Regional Government including the corporations owned-orcontrolled by the Regional Government shall be prescribed and defined by the Regional Assembly. Sec20. Power of Regional Governor Over Commissions, Agencies, Boards, Bureaus and Offices. —the Regional Governor shall have control of all the regional executive commissions, agencies, boards, bureaus, and offices. He shall ensure that laws are faithfully executed. Sec21. Fiscal Year; Submission of Budget. Sec22. Budget Approval; Automatic Reenactment. Sec23. Veto Power of the Regional Governor; Votes to Override. — The Regional Governor shall have the power to veto any particular item or items in an appropriation or revenue bill, but the veto shall not affect the item or items to which he

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER does not object. The Regional Assembly may override the veto by a two-thirds(2/3) vote of all its members. Sec24. (a) Law to Authorize Use of Money. — No money shall be paid out of the regional treasury except in pursuance of an appropriation made by regional law. (b) Prohibitions Against Sectarian Purposes; (c) Special Fund. All money collected on any regional tax levied for a special purpose shall be treated as a special fund and paid out for such special purpose only. If the purpose for which special fund was created has been fulfilled or abandoned, the balance, if any, shall accrue to the general funds of the Regional Government. (d) Trust Funds. Trust funds shall only be paid out of the regional treasury for the specific purpose for which said funds were created or received. (e) Authorization by Regional Governor or Representative. No funds or resources shall be disbursed unless duly approved by the Regional Governor or by his duly authorized representative. ARTICLE VIII: Administration Of Justice Sec1. Exercise of Judicial Power. — The judicial powers shall be vested in the Supreme Court and in such lower courts as may be established by law including the Shari'ah Courts in accordance with Section 5 hereof. Sec2. Justices from Autonomous Region. — It shall be the policy of the central government or national government that, whenever feasible, at least one (1) justice in the Supreme Court and two (2) justices in the Court of Appeals shall come from qualified jurists of the autonomous region. Sec3. Consultant to the Judicial and Bar Council. Sec4. Deputy Court Administrator Sec5. Shari'ah Courts. Sec6. Shari'ah Public Assistance Office. Sec7. Shari'ah Appellate Court. Sec8. Shari'ah Appellate Court Composition. Sec9. Jurisdiction of the Shari'ah Appellate Court. — The Shari'ah Appellate Court shall: (a) Exercise original jurisdiction over petitions for certiorari, prohibition, mandamus, habeas corpus and other auxiliary writs and processes only in aid of its appellate jurisdiction; and, (b) Exercise exclusive appellate jurisdiction over all cases tried in the Shari'ah district courts as established by law. Sec10. Shari'ah Appellate Court Decisions. Sec11. Shari'ah Appellate Court Justices Qualifications and Appointments. — The Justices of the Shari'ah Appellate Court shall possess the same qualifications as those of the Justices of the Court of Appeals and, in addition, shall also be learned in Islamic law and jurisprudence.The members of the Shari'ah Appellate Court shall be appointed by the President from a list of at least three (3) nominees prepared by the Judicial and Bar Council. The nominees shall be chosen from a list of recommendees submitted by the Regional Assembly. Such appointments need no confirmation.

CA VE AT:

- 318 Sec12. Shari'ah Appellate Court Justices Tenure of Office. —until they reach the age of seventy (70) years, unless sooner removed for cause in the same manner as justices of the Court of Appeals or become incapacitated to discharge the duties of their office. Sec13. Shari'ah Appellate Court Justices Compensation. —same compensation and enjoy the same privileges as the Presiding Justice and Associate Justices of the Court of Appeals, respectively. Sec14. Shari'ah Appellate Court Administrator and Clerk of Court. Sec15. Prohibition Against Holding of Other Offices. Sec16. Shari'ah Appellate Court Official Seat. Sec17. Shari'ah Appellate Court Proceedings. Sec18. Shari'ah Courts. Sec19. Tribal Courts. Sec20. Jurisconsult in Islamic Law. Sec21. Customary Law. Sec22. Application and Interpretation of Laws. — The provisions of the Muslim code and the tribal code shall be applicable only to Muslims and other members of indigenous cultural communities respectively and nothing herein shall be construed to operate to the prejudice of the non-Muslims and non-members of indigenous cultural communities. In case of conflict between the Muslim code and the tribal code the national law shall apply. In case of conflict between the Muslim code or the tribal code on the one hand, and the national law on the other, the latter shall prevail. Except in cases of successional rights to property, the regular courts shall acquire jurisdiction over controversies involving real property located outside the area of autonomy. Muslims who sue other Muslims or members of indigenous cultural communities who sue other members of indigenous cultural communities over matters covered respectively by Shari'ah or by tribal laws may agree to litigate their grievances before the proper Shari'ah or tribal court in the autonomous region. The procedure for this recourse to the Shari'ah or tribal court shall be prescribed by the Supreme Court. Sec23. Bases for Interpretation of Islamic Law. Sec24. Shari'ah Powers and Functions. ARTICLE IX: Fiscal Autonomy Sec1. Revenue Source. — The Regional Government shall have the power to create its own sources of revenues and to levy taxes, fees, and charges, subject to the provisions of the Constitution and this Organic Act. Sec2. Fiscal Autonomy. Sec3. Regional Tax Code. Sec4. Regional Economic and Financial Programs. Sec5. Uniform, Equitable Taxation; Prohibition Against Confiscatory Taxes, Fees. Sec6. Payment of Taxes. Sec7. Extent of Tax Powers; Exceptions. — Unless otherwise provided herein, the taxing power of the regional government and of the provinces, cities, municipalities, and barangay located therein shall not extend to the following:

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER (a) Income tax, except when levied on banks and other financial institutions; (b) Documentary stamps tax; (c) Taxes on estate, inheritance, gifts, legacies, and other acquisitions mortis causa except as otherwise provided by law; (d) Customs duties, registration fees of vessel and wharfage on wharves, tonnage dues, and all other kinds of custom fees, charges, and dues except vessels which are registered by their owners with the Regional Government and wharfage on wharves constructed and maintained by the Regional Government or the local government unit concerned; (e) Taxes, fees, or charges and other impositions upon goods carried into or out of, or passing through the territorial jurisdiction of the provinces, cities, municipalities, or barangay of the autonomous region in the guise of charges for wharfage, tolls for bridges, or otherwise, or other taxes, fees or charges in any form whatsoever upon such goods or merchandise except tolls on bridges or roads constructed and maintained by the provinces, cities, municipalities, or barangay concerned or by the Regional Government. (f) Taxes, fees, or charges on agricultural and aquatic products when sold by marginal farmers or fisherfolk; (g) Taxes on business enterprises certified by the Board of Investments or by the Regional Assembly as pioneer or nonpioneer for a period of six (6) and four (4) years, respectively from the date of registration; (h) Excise taxes on articles enumerated under the national internal revenue code, and taxes, fees, or charges on petroleum products; (i) Percentage or value-added tax (VAT) on sales, barters, or exchanges or similar transactions on goods or services except as otherwise provided by law; (j) Taxes on the gross receipts of transportation contractors and persons engaged in the transportation of passengers or freight by hire and common carriers by air, land, or water except as provided in this Organic Act; (k) Taxes on premiums paid by way of reinsurance or retrocession; (l) Taxes, fees, or other charges on Philippine products actually exported, except as otherwise provided by law enacted by the Congress; (m) Taxes, fees, or charges on countryside, barangay business enterprises and cooperatives duly registered under Republic Act No. 6810, the "Magna Carta for Countryside and Barangay Business Enterprises" and Republic Act No. 6938, the "Cooperatives Code of the Philippines", respectively, and (n) Taxes, fees, or charges of any kind on the central government or national government, its agencies and instrumentalities and local government units except on government-owned or -controlled corporations or entities that are primarily organized to do business. Sec8. Sources Of Regional Government Revenue Sec9. Sharing of Internal Revenue, Natural Resources Taxes, Fees and Charges. — The collections of a province or city from national internal revenue taxes, fees and charges, and taxes imposed on natural resources, shall be distributed as follows:

CA VE AT:

- 319 (a) Thirty-five percent (35%) to the province or city; (b) Thirty-five percent (35%) to the regional government; and (c) Thirty percent (30%) to the central government or national government. Sec10. Treasury Bills, Notes and Other Debt Papers. Sec11. Economic Agreements. Sec12. Donations or Grants; Tax Deductible. Sec13. Regional Tax Exemptions. — Sec14. Foreign or Domestic Loans. Sec15. Collection and Sharing of Internal Revenue Taxes. — ARTICLE X: Ancestral Domain, Ancestral Lands and Agrarian Reform Sec1. Ancestral Domain; Lands of Indigenous Cultural Communities. Sec2. The constructive or traditional possession of lands and resources by an indigenous cultural community may also be recognized subject to judicial affirmation, the petition for which shall be instituted within a period of ten (10) years from the effectivity of this Organic Act. Sec3. "indigenous cultural community" refers to Filipino citizens residing in the autonomous region who are: (a) Tribal peoples. These are citizens whose social, cultural and economic conditions distinguish them from other sectors of the national community; and (b) Bangsa Moro people. These are citizens who are believers in Islam and who have retained some or all of their own social, economic, cultural, and political institutions. Sec4. Cultural Communities. Sec5. Ecological Balance. Sec6. Unless authorized by the Regional Assembly, lands of the ancestral domain titled to or owned by an indigenous cultural community shall not be disposed of to non-members. Sec7. No portion of the ancestral domain shall be open to resettlement by non-members of the indigenous cultural communities. Sec8. Regional Land Reform. ARTICLE XI: Urban and Rural Planning and Development Sec1. Urban and Rural Development. Sec2. Indigenous Development Plans. Sec3. Equitable Development. Sec4. Urban Land, Land and Water Use. ARTICLE XII: Economy and Patrimony Sec1. Regional Economy and Conservation of Patrimony. — Consistent with the Constitution and existing laws, the Sec2. Economic Zones, Centers and Ports. Sec3. Incentives for Investors. Sec4. Regional Economic Zone Authority; Freeports Sec5. Use Development of Mines Minerals and Other Natural Resources Revenue Sharing; Exceptions. — (a) Regional Supervision and Control. (b) Sharing Between Central Government or National Government and Regional Government in Strategic Minerals

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Revenues, Taxes, or Fees. Fifty (50%) percent of the revenues, each (c) Sharing Between Regional Government and Local Government Units in Strategic Minerals Revenues, Taxes, or Fees. The share of the Regional Government mentioned above is hereby apportioned as follows: thirty percent (30%) to the Regional Government; twenty percent (20%) to all the municipalities; and fifteen percent (15%) to all the barangays. (d) Regional Assembly Authority to Grant Franchises and Concessions and Empower Regional Governor to Grant Leases, Permits, and Licenses.. (e) Consultation with Cultural Communities, Needed. Sec6. Use and Development of Natural Resources Open to Citizens. Sec7. Preferential Rights of Citizen-Inhabitants of Autonomous Region. Sec8. Rules, Regulations and Fees. — The Regional Assembly shall by law regulate the exploration, utilization, development, and protection of the natural resources, including the mines and minerals, except the strategic minerals as provided in this Organic Act. Sec9. Regulation of Small-Scale Mining. — Sec10. Regional Economic and Development Planning Board; Composition and Functions. Sec11. Pioneering Public Utilities and Cooperatives. Sec12. Proclamation of State of Calamity Operation of Public Utilities. — (a) Temporary take-over of operations. (b) Proclamation of state of calamity. or national government or the Regional Government. Sec13. Legislating Benefits, Compensation for Victims of Mining and Mining Operations; Rehabilitation of Affected Areas. Sec14. Reforestation; Support for Lumads or Tribal Peoples. Sec15. Prohibition Against Toxic or Hazardous Substances. Sec16. Business Ownership. Sec17. Incentives, Tax Rebates and Holidays. Sec18. Transport and Communication Facilities, Priority Projects. Sec19. Power Services Priority. Sec20. Pioneering Firms. Agriculture, Fisheries and Aquatic Resources Sec21. Farming and Fishing Cooperatives. Sec22. Agricultural Productivity; Organic Farming. Sec23. Soil and Water Conservation. Sec24. Aquatic and Fisheries Code. Sec25. Agriculture and Fisheries Bureau. Trade and Industry Sec26. Private Sector. Sec27. Cottage Industries. Sec28. Banks and Financial Institutions. Sec29. Islamic Banks. Sec30. Bangko Sentral Regional Bank.

CA VE AT:

Sec31. Sec32. Sec33. Sec34.

- 320 -

Barter and Counter-Trade. Consumer Education and Welfare. Local Labor and Goods. Foreign Investments.

Tourism Development Sec35. Regional Tourism. Sec36. Tourism Office. ARTICLE XIII: Public Order and Security Sec1. Law and Order. Sec2. Regional Security Force. — There is hereby created a Philippine National Police Regional Command for the autonomous region, hereafter called the Special Regional Security Force (SRSF) or Regional Police Force, in short. Sec3. Law Governing Regional Police Force. — The Regional Assembly shall enact laws to govern the Regional Police Force consistent with the pertinent provisions of the Constitution and this Organic Act. The members of the Moro National Liberation Front who are integrated into the Regional Police Force may be deployed in the autonomous region or elsewhere in the Republic as may be determined by the proper police authorities. Sec4. Regional Police Force Composition. — The PNP Regional Command for the autonomous region/SRSF shall be composed of the existing PNP units therein, the MNLF elements, and other residents of the area who may later on be recruited into the SRSF. Sec5. Powers and Functions of Regional Police Force. — The Regional Police Force shall exercise within the autonomous region the following powers and functions: (a) Enforce laws enacted by the Congress and by the Regional Assembly relative to the protection of lives and properties of the people; (b) Maintain law and order and ensure public safety; (c) Investigate and prevent crimes, arrest criminal offenders, bring criminal suspects to justice, and assist in their prosecution; (d) Effect other arrests, searches, and seizures in accordance with the Constitution and pertinent laws; (e) Detain persons for a period not exceeding what is prescribed by law, inform the person so detained of all his or her rights under the Constitution, and observe the human rights of all people in the autonomous region; (f) Process applications for the licensing of firearms for approval by the proper official of the Philippine National Police; (g) Initiate drives for the licensing or surrender of unlicensed firearms; confiscate unlicensed firearms after such drives are over; prosecute or recommend to the President the grant of amnesty or pardon to possessors of unlicensed firearms who surrender them; and (h) Perform such other duties and exercise all other functions as may be provided by law enacted by Congress or by the Regional Assembly. Sec6. Observance of Constitution and Laws. Sec7. Regional Police Framework and Organization. — The philosophical framework and structural organization of the Regional Police Force shall be as follows:

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER (a) It shall be civilian in nature and character; (b) The scope of its operations shall be regional. (c) It shall be headed by a regional director who shall be assisted by two deputies, one for administration and one for operations. (d) It shall have regional, provincial, and city or municipal offices; (e) At the provincial level, there shall be a provincial office headed by a provincial director who shall be a professional police officer with the rank of police superintendent, at least; and (f) At the city or municipal level, there shall be an office or station, which shall be headed by a Chief of Police who shall be a professional police officer with the rank of police superintendent for the city, and police inspector for the municipality. Sec8. Power of Regional Governor Over Regional Police Force. — The Regional Governor shall have the following powers over the Regional Police Force: (a) To act as the deputy of the National Police Commission in the region and as the ex-officio chair of the Regional Police Commission; (b) To exercise operational control and general supervision and disciplinary powers over the Regional Police Force; (c) To employ or deploy the elements of and assign or reassign the Regional Police Force through the regional director. The Regional Director may not countermand the order of the Regional Governor unless it is in violation of the Constitution and the law; (d) To recommend to the President the appointment of the regional director and his two deputies; (e) To oversee the preparation and implementation of the Integrated Regional Public Safety Plan; (f) To impose, after due notice and summary hearings of the citizen's complaints, administrative penalties on personnel of the Regional Police Force except those who are appointed by the President; and (g) Do everything necessary to promote widespread support by the various communities making up the autonomous region for the Regional Police Force. Sec9. Regional Police Directors. Sec10. Regional Police Commission Sec11. Regional Defense and Security. Sec12. Calling Upon the Armed Forces. — The provisions of the preceding sections notwithstanding, the Regional Governor may request the President to call upon the Armed Forces of the Philippines: (1) To prevent or suppress lawless violence, invasion, or rebellion, when the public safety so requires, in the autonomous region in accordance with the provisions of the Constitution; (2) To suppress the danger to or breach of peace in the autonomous region, when the Regional Police Force is not able to do so; or, (3) To avert any imminent danger to public order and security in the area of autonomy. The President may on his own accord send the Armed Forces of the Philippines into the autonomous region to attain the above objectives of the Regional Governor does not act within fifteen

CA VE AT:

- 321 (15) days after the occurrence of the events mentioned above that need to be suppressed, prevented, or suppressed. Sec13. Indigenous Structures. ARTICLE XIV: Education, Science and Technology, Arts, and Sports Sec1. Quality Education, A Top Priority. Educational Policies Sec2. Policies and Principles. — Consistent with the basic state policy on education, the Regional Government shall adopt the following educational policies and principles: (a) Perpetuation of Filipino and Islamic values. (b) Inculcation of values of peaceful settlement of disputes. (c) Optional religious instruction. (d) Inculcation of patriotism and nationalism. (e) Vocational and special education. (f) Scholarships, student loans and scholarships. (g) Funding for local education programs. (h) Community participation in education. (i) Development of regional language. (j) Media of instruction in schools. Filipino and English (k) Teaching of Arabic as subject. (l) Auxiliary official languages (m) Develop ethnic identity. (n) The Regional Government shall recognize the participation of private institutions of learning, including the Madaris (Arabic schools), in providing quality education to the people of the region; and (o) (1) Basic education structure. Sec3. Regional Educational Curricula. Sec4. Education, Management, and Control of Education. — The management, control, and supervision of the regional educational subsystem shall be the primary concern of the Regional Government. The Department of Education, Culture and Sports, the Commission on Higher Education, and the Technical Education and Skills Development Authority, and other appropriate educational bodies of the central government or national government shall monitor compliance by the regional educational subsystem with national educational policies, standards, and regulations. Educational Structure Sec5. The Regional Assembly may, by law, create, support and maintain a regional Department of Education, Culture and Sports, and shall define its powers, functions and composition. Sec6. Sec7. Sec8. Sec9. Sec10.

Private Schools Supervision. — Educational Subsystem Structure. Academic Freedom and Fiscal Autonomy. Education Centers. Tribal University System.

Madrasah Education Sec11. Supervision of Madaris Schools. Sec12. Madrasah Educational System; Arabic as Medium of Instruction.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Sec13. Madaris. Sec14. Madaris Compensations.

(1) Teachers

Qualifying

Examinations; (2)

Science and Technology Sec15. Science and Technology. Sec16. Priority Legislation. — (a) Give priority to science, research, inventions, technology, education, and their development and utilization; (b) Provide incentives, including tax deduction and funding assistance, and encourage the participation of the private sector in basic and applied scientific researches; (c) Regulate the transfer and promote the adoption of technology from all sources for regional benefits; (d) Secure and protect the exclusive rights of scientists, inventors, scholars, writers, artists, and other gifted citizens to their intellectual properties; and (e) Ensure the full and effective participation of all sectors in the planning, programming, coordination, and implementation of scientific and technological researches and the acquisition, adoption, innovation, and application of science and technology for development. Sec17. Environmental Changes. Sec18. Non-Formal Education. Scholarship Grants and Assistance Sec19. Donations to Universities, Colleges and Schools. Sec20. Scholarship Programs. Sec21. Financial Assistanc322òe for Disadntaged, Deserving Students. Funds for Education Sec22. Release of Education Funds. Physical Education and Sports Development Sec23. Physical Education and Sports Development. Sec24. Sports Programs. Cultural Heritage Sec25. Cultural Heritage. Sec26. Protection and Promotion of Culture. Sec27. Bureau of Cultural Heritage. ARTICLE XV: Social Justice, Services, Institutions, and Other Concerns Sec1. Promotion of Social Justice. Sec2. (a) Social Services. The Regional Assembly shall, consistent with the provisions of the Constitutions and existing national laws, enact measures to provide and promote social services. (b) Food and Drug Regulation. The Regional Assembly shall, by law, establish and maintain an effective food and drug regulatory system. The rational use of drugs through an essential drugs list and the use of generic medicines or drugs, as well as the use of herbal medicines and indigenous health resources, whenever appropriate, shall be encouraged and promoted. (c) Other Legislation. The Regional Assembly shall also enact legislation on the following:

CA VE AT:

(3) (4)

- 322 Child health and development, including the support of the physically challenged and other disadvantaged persons in need of welfare services; Protection and development of the rights of women and of indigenous population; Registration of births, marriages and deaths; and Fixing of regional public holidays.

Sec3. Housing Program Sec4. Re-integration programs responsive to the needs of former rebels who return to the fold of the law. Sec5. Family as Nation's Foundation. Sec6. Women's Rights. Sec7. Youth. Sec8. People's Organization. Sec9. Protection Of Labor. ARTICLE XVI: General Provisions Sec1. The Regional Assembly is hereby empowered to pass a law adopting an official regional emblem, seal, and hymn. Sec2. Disciplinary Authority Over Officials and Employees by — The Regional Government shall have primary disciplinary authority over officials and employees of the Regional Government. Sec3. Oath of Office. Sec4. Civil Service Eligibility. — Sec5. Prohibition Against Employment of Military Personnel in Civil Service. Sec6. Promulgation and Translation of Organic Act. ARTICLE XVII: Amendments or Provisions Sec1. Organic Act may be reamended or revised by the Congress of the Philippines upon a vote of two-thirds (2/3) of the Members of the House of Representatives and of the Senate. ARTICLE XVIII: Transitory Provisions Sec1. Disposition of Certain Real Properties of the Autonomous Region Sec2. Personnel Absorbed by Regional Government. Sec3. Oversight Committee. Sec4. Agencies and Offices Transferred to the Autonomous Region. Sec5. Notwithstanding the provisions of the preceding section, the GSIS, SSS, the Pagtutulungan-Ikaw, Bangko, Industriya't Gobyerno (PAG-IBIG), and other funds of similar trust or fiduciary nature shall be exempt from the coverage of this Organic Act. Sec6. Budgetary Law, Rules, and Regulations. Sec7. First Regular Elections. Sec8. The incumbent Regional Governor, Regional Vice Governor, and members of the Regional Legislative Assembly of the Autonomous Region In Muslim Mindanao shall continue in office pursuant to existing laws and until their successors shall have been duly elected and qualified. Sec9. Within one (1) year from its organization, the Regional Assembly shall, by law, create a code commission on Muslim and a code commission on tribal laws Sec10. Initial Funds for the Regional Government.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Sec11. Annual Assistance. Sec12. Sectoral Representatives. Sec13. Plebiscite and Effectivity of this Organic Act. Sec14. Plebiscite Information Campaign. Sec15. Promulgation of Rules; Appropriations for Simultaneous Plebiscites. Sec16. Zone of Peace and Development. — Sec18. Repealing Clause. — All laws, decrees, orders, rules and regulations, and other issuances or parts thereof, which are inconsistent with this Organic Act, are hereby repealed or modified accordingly. Sec19. Effectivity Clause. — This Organic Act shall take effect after fifteen (15) days following its complete publication in at least two national newspapers of general circulation and one local newspaper of general circulation in the autonomous region. Approved, March 31, 2001

Facts: Limbona was expelled from membership in the Sangguniang Pampook, Regional Autonomous Government, Region XII, representing Lanao del Sur on the ground that he authorized the payment of salaries and emoluments to a certain Abdula without authority from the Assembly. Limbona brought petition at SC. Issue: ARE THE AUTONOMOUS GOVERNMENT OF MINDANAO SUBJECT TO THE JURISDICTION OF THE NATIONAL COURTS? IN OTHER WORDS, WHAT IS THE EXTENT OF SELF-GOVERNMENT GIVEN TO THEM Held: Yes. LGU’s enjoy autonomy in these two senses: decentralization of administration and decentralization of power.

NOTES • Autonomous Region (AR) by itself is an LGU. But unlike other LGU’s, AR has separate legal system. It has political as well as administrative autonomy. It can have its own LGC provided that it cannot decrease the power of local government officials and the IRA under the present LGC. The legislative powers of AR is limited by the Constitution and the Organic Act. • 2 provinces can form AR. • AR require plebiscite, therefor it is not automatic. • Sir: What is the point of being an AR if the President can pry into internal affairs of AR?

Abbas vs. COMELEC (1989) supra

(1)

in decentralization of administration – an autonomous government is under the supervision of the national government acting through the president (and the Dept. of Local Government)  If the Sangguniang Pampook is autonomous in this sense, it comes unarguably under the Court’s jurisdiction.

(2)

in decentralization of power – an autonomous government is subject alone to the decree of the organic act creating it and accepted principles on the effects and limits of autonomy.  If the Sangguniang Pampook is autonomous in this sense, its acts are beond the domain of the court in the same way that internal acts, say, of the Congress are beyond its jurisdiction.

•

An examination of PD No. 1618 creating the autonomous governments of Mindanao shows that they were never meant to exercise autonomy in the second sense, that is, in which the central government commits an act of self-immolation. 1. The P.D. mandates that the president shall have the power of general supervision and control over Autonomous Regions 2. The Sangguniang Pampook, their legislative arm, is made to discharge chiefly administrative services.

Pursuant to Consti mandate, Congress enacted RA 6734 providing for an organic act for ARMM. To implement the act, plebescites in 13 provinces and 9 cities in Mindanao and Palawan were conducted. Under RA and Consti, the requirements for creation of autonomous region are 1. creation shall take effect when approved by a majority of the votes cast by the constituent units in a plebiscite. 2. Only provinces and cities where a majority vote in favor of the organic act shall be included in the autonomous region. 3. The single plebiscite should be determinative of • WON there shall be an autonomous region in Mindanao • Which cities and provinces shall comprise it. The majority required in consti for creation of region is a simple majority of votes approving the organic act in individual constituent units and not a double majority of votes in all constituent units put together as well as in the individual constituent units.

CA VE AT:

- 323 -

Limbona vs. Mangelin (1989)

Pandi vs. CA (2002) The appointment and detailing of positions depend on which law is applicable at the time such appointment and detailing was made.

1.

First period – Prior to the Organic Act of 1989 Governing law: E.O. No. 119 (Charter of the Department of Health). The Ministry of Health was the appointing power of provincial health officers who were in reality national government officials paid entirely from national funds. The appointment of a provincial health officer was to a specific region and the Minister (later Secretary) of health could

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER assign him to any province within the region upon the recommendation of the Regional Director.

2.

3.

Second Period – Time after the enactment of the Organic Act of 1989 but before the adoption of the 1991 LGU Code -Under the Organic Act of 1989, the power of the Secretary of Health to appoint provincial health officers to a region, and to assign them to any province within the region, was not immediately devolved to the Regional Government. Third Period – Time after the enactment of the 1991 LGU Code but before the adoption of the ARMM Local Code Under the 1991 LGU Code, the provincial health officers were made one of the officials the provincial government to be appointed by the provincial governor if his salary came mainly from provincial funds. However, the 1991 LGU Code, although a later law like the RAC, did not amend the Organic Act of 1989 because the Organic Act could only be amended through the ratification process laid out in the Organic Act itself.

- 324 -

1.

the provincial governor appoints the provincial health officer if the latter’s salary comes from provincial funds.

2.

If the provincial health officer’s salary comes mainly from regional funds, then the ARMM Local Code applies, in which case the Regional Governor is the appointing power but he must appoint only from among the 3 nominees of the Provincial Governor

3.

Moreover, the Provincial Governor exercises supervision and control over provincial health officer because the ARMM Local Code has classified him a s a provincial government official.

This is the present state of law, which is actually the same as the law in the 4th period. The only difference is that the Regional Assembly cannot amend the ARMM Local Code to reduce or diminish this power of the Provincial Governor because this devolved power, emanating from the 1991 LGU Code, is now part of the Organic Act of 2001.

Thus, even after the passage of the 1991 LGU code, the Secretary of Health continued to be the appointing power of provincial health officers who remained national government officials. The Secretary also continued to exercise the authority to assign

NOTEs: AR allowed to legislate on their own, except that it musrt be consistent with the consti and the organic act.

Executive Order No. 133 was issued finally transferring the powers and functions of the DOH in the Autonomous Region to the Regional Government. Upon the effectivity of this EO, the administrative authority of the Secretary of Health to assign provincial health officers to any province within a region was transferred to the ARMM Secretary of Health as the regional counterpart of the National Secretary of Health.

a. Check where Local Gov official is set b. if ARMM, check their LGC c. If there is a provision in their LGC, check if consistent w/ Consti and Organic Act d. If no provision, assume that it is the same as RA 7160. e. If silent, make the necessary appointment.

4.

5.

Fourth Period – Time after the adoption o fthe ARMM Local Code but before the enactment of the Organic Act of 2001 Under the ARMM Local Code, the provincial health officer in the ARMM, previously a regional official, has also become a provincial government official. The Regional Governor appoints the provincial health officer from a list of 3 recommendees of the Provincial Governor. The ARMM local code provides that the salary of the provincial health officer shall be paid from regional funds. Fifth Period – Time after the enactment of the Organic Act of 2001 Under the Organic Act of 2001, the powers and functions of a Provincial Governor under the 1991 LGU Code are now enjoyed, as a minimum by the Provincial Governor in the ARMM. Thus,

CA VE AT:

Steps to follow:

Cord ille ra Adm inist rat iv e R egi on EO 220 - Creating A Cordillera Administrative Region, Appropriating Funds Therefor And For Other Purposes WHEREAS, pursuant to Section 1, Article X of the 1987 Constitution, there shall be created an autonomous region in the Cordilleras; aisa dc WHEREAS, Section 15, Article X of the Constitution provides that the autonomous region in the Cordilleras shall consist of provinces, cities, municipalities and geographical areas sharing common and distinctive historical and cultural heritage, economic and social structures, and other relevant characteristics within the framework of the Constitution and the national sovereignty as well as territorial integrity of the Republic of the Philippines; WHEREAS, pursuant to Section 6, Article XVIII of the Constitution, the President has the power to continue to exercise legislative powers until the first Congress is convened;

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER WHEREAS, pursuant to Section 14, Article X of the Constitution, the President shall provide for regional development councils or other similar bodies composed of local government officials, regional heads of departments and other government offices, and representatives from non-governmental organizations within the regions for purposes of administrative decentralization to strengthen the autonomy of the units therein and to accelerate the economic and social growth and development of the units in the region; WHEREAS, the incumbent President is sympathetic to the common desire of the peoples of the Cordilleras to be immediately granted meaningful participation in the conduct of their affairs, in order to enable them to prepare for regional autonomy; WHEREAS, the constitutional mandate for the creation of an autonomous region in the Cordilleras has been preceded by the movement for local autonomy and administrative decentralization before and since the period of authoritarian rule (September 1972 - February 1986), as manifested by the work of the 1971 Constitutional Convention, the 1976 resolution of governors and other leaders from the Cordilleras, and finally the regional autonomy representations at the 1986 Constitutional Commission; WHEREAS, on September 13, 1986, the President of the Philippines met with the representatives of the Cordillera Bodong Administration and the Cordillera People's Liberation Army, presided over the alasiw (exchange of peace tokens) to signify the sipat (cessation of hostilities), and acknowledged their aspirations for Cordillera autonomy; WHEREAS, the immediate creation of a Cordillera Administrative Region is a sound and reasonable measure by which the people of the Cordilleras can immediately participate in the pursuit of peace and development and enjoy the benefits thereof; WHEREAS, the Constitution envisions the building of a just and humane society, and the National Government is pursuing the goals of national reconciliation, peace, unity and development in the country; WHEREAS, pending the convening of the first Congress and the enactment of the organic act for a Cordillera autonomous region, there is an urgent need, in the interest of national security and public order, for the President to reorganize immediately the existing administrative structure in the Cordilleras to suit it to the existing political realities therein and the Government's legitimate concerns in the areas, without attempting to preempt the constitutional duty of the first Congress to undertake the creation of an autonomous region on a permanent basis; cd i NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and decree: Sec1. Cordillera Administrative Region. — There is hereby created a Cordillera Administrative Region, hereinafter referred to as the CAR. Sec2. Territorial Coverage. — For purposes of the CAR, the region shall consist of the provinces of Abra, Benguet, Ifugao, Kalinga-Apayao and Mt. Province and the chartered city

CA VE AT:

- 325 of Baguio. Until otherwise provided by the Cordillera Executive Board (CEB), the seat of the CAR shall be Baguio City. The National Government shall provide appropriate offices therefor.

Sec3. Purposes. — The CAR shall have the following purposes: (a) Administer the affairs of government in the region as defined in Section 4 and 5 below; (b) Accelerate the economic and social growth and development of the units of the region; and (c) Prepare for the establishment of the autonomous region in the Cordilleras. Sec4. Scope of Authority and Responsibility. — The CAR shall have authority and responsibility in the region over the following: (a) Regional administrative system; (b) Economic, social and cultural development; (c) Agricultural, commercial and industrial development and promotion of tourism; (d) Infrastructure development; (e) Urban and rural development, protection of ancestral domain and land reform; (f) Regional educational system, including the establishment and maintenance of educational institutions and the formulation of educational policies to cultivate the indigenous Cordillera cultures and inculcate traditional values; (g) Health, sports, welfare and social services; (h) Development of indigenous laws and political institutions, particularly those of direct democracy and collective leadership, as well as the promotion of indigenous institutions and processes for conflict resolution and dispute settlement; (i) Preservation and enhancement of indigenous customs, traditions, languages and cultures; (j) Strengthening of the bodong system of tribal unity and cooperation; (k) Protection and preservation of the cultural identity, values, mores and norms of the various ethno-linguistic groups in the Cordilleras; (l) Promotion of social justice and protection of human rights, particularly the rights of women, children, the elderly and disadvantaged groups, as well as the rights of people's organizations; and (m) Such other matters as may be authorized by law or delegated by the President for the promotion of the general welfare. Sec5. Powers and Functions. — The CAR shall coordinate the planning and implementation of programs and services in the areas enumerated in Section 4. Accordingly, it shall be vested with, among others, the following powers and functions: (a) Coordinate with the local government units as well as with the executive departments of the National Government in the supervision of field offices and in identifying, planning, monitoring, and accepting projects and activities in the region; (b) Appoint, supervise, control and discipline personnel of the CAR and of such other offices as may be funded by it;

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER (c) Manage and control funds, facilities and equipment appropriated for the CAR; (d) Advise the National Government on matters affecting the Cordilleras; (e) Undertake studies towards codifying the customary laws of the tribes, including the pagtas of the bodong system; and (f) Promulgate and implement resolutions, rules and regulations necessary to achieve effectively the purposes of this Executive Order and to carry out the powers and functions of the CAR. Sec6. Peace and Regional Security. — Within the framework of the Constitution and applicable laws, the restoration and maintenance of peace within the region shall be a major concern of the CAR. A regional security force shall be organized to assist in the defense and security of the region subject to guidelines issued for this purpose by the President after consultations with the CAR, other organizations, and appropriate agencies of the Government. The defense and security of the region shall be the responsibility of the National Government. Sec7. Structure of the CAR. — The CAR shall have a Cordillera Regional Assembly and a Cordillera Executive Board. Sec8. The Cordillera Regional Assembly. — Within the framework of the Constitution, laws and policies of the National Government, the Cordillera Regional Assembly shall be the policy-formulating body which shall articulate and harmonize the interests and aspirations of the people of the Cordilleras. It shall be composed of not more than two hundred fifty (250) representatives to be appointed according to the following guidelines: (a) Each municipality shall have one (1) representative; (b) Baguio City shall have ten (10) representatives; (c) The non-governmental organizations shall be entitled to a total of eighteen (18) representatives twelve (12) of whom shall come from the major non- governmental organizations in the region to be determined according to the size of their membership and six (6) from province based non-governmental organizations. (d) Each tribe shall send to the Assembly one (1) representative. Tribal representatives shall be chosen by the tribes in a manner consonant with the Constitution and in harmony with the indigenous decision-making processes in the Cordilleras. The Assembly shall be headed by a Chairman who shall be appointed by the President from among its members. The chairman shall be the titular head of the CAR. The President shall also appoint members from nongovernmental organizations as well as representatives of the municipalities and of Baguio City upon nomination of their respective municipal and city councils. Sec9. Sessions. — The Assembly shall convene once every year for a five-day regular session starting on the 25th day of

CA VE AT:

- 326 April provided, however, that a regular session shall be held in 1987. The Chairman may call a special session as may be necessary. A special session may also be convened upon the initiative of the majority of all the members of the Assembly. During the regular session, the Assembly shall: a) Discuss the annual report of the Executive Board and the proposed budget for the CAR; b) Initiate plans and programs for the Cordilleras; c) Discuss and resolve inter-tribal issues and conflicts; d) Formulate policies affecting the Cordilleras consistent with national and local laws; and e) Identify priority projects and development program for the region. The decisions of the Assembly shall be implemented by the Cordillera Executive Board.

Sec10. The Cordillera Executive Board. — The Cordillera Executive Board shall be the development body and implementing arm of the CAR. The President shall appoint the twenty-nine (29) regular members of the Board as follows: (a) Mayor of Baguio City and the five (5) Governors of the provinces enumerated in Section 2; (b) six (6) representatives from the Cordillera Bodong Administration, one of whom shall be its chief executive; (c) twelve (12) representatives from the different ethno-linguistic groups in the Cordillera; and (d) five (5) representatives from non-governmental organizations. All regional directors of the line departments of the National Government shall be non-voting ex-officio members of the Executive Board. Sec11. Executive Director. — The Cordillera Executive Board shall be headed by a full-time Executive Board who shall be headed by a full-time Executive Director who shall be appointed by the President from among its regular members. The Executive Director shall have the following functions: (a) Act on behalf of the President as Chief Executive Officer of the CAR; (b) Preside over the meetings of the Executive Board; (c) Initiate the proposed budget and annual report for the CAR for the approval of the Executive Board; (d) Supervise, control and discipline personnel of the Executive Board and of such other offices as may be funded by it; (e) Coordinate and supervise the Executive Committees and the Cordillera Bodong Administration; and (f) Perform all other functions assigned by law, the President, the Cordillera Regional Assembly or the Executive Board. Sec12. The Executive Committees. — The Cordillera Executive Board may create executive committees to assist in the implementation of its powers and functions. Each committee shall be headed by a member of the Executive Board. Sec13. The Cordillera Bodong Administration. — The Cordillera Bodong Administration shall be incorporated into the CAR as a commission and shall hereinafter be referred to as the

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER CBA. In the territorial units where it is effective, the CBA shall have the following powers and responsibilities: (a) Promote respect for the customs and usages of the tribes concerned; (b) Foster unity among the various communities in the Cordilleras and promote regional confederation; (c) Observe the traditional practice of direct democracy and collective leadership in the Cordilleras within the context of and in harmony with administrative mechanisms of the National Government; (d) Preserve and develop the communal social order and economic system; (e) Perform all functions of the Executive Committees referred to in Section 12; and (f) Perform such other functions as may be determined by the Executive Board. The definition and identification of the territorial units of the CBA shall be submitted to and confirmed by the Executive Board and adopted by the Assembly. The CBA shall be supervised by and be responsible to the Cordillera Executive Board. Sec14. CBA Budget. — The CAR, through the Executive Board, shall allocate part of its budget for the operation of the CBA. Sec15. Compensation. — The Chairman and members of the Assembly as well as the Executive Director and members of the Executive Board shall receive allowances and per diems as determined by the President in accordance with existing laws and regulations. The city mayor and governors who are members of the Board shall receive additional emoluments as may be allowed by law. The Chairman of the Assembly shall receive such additional allowances as may be necessary to perform the functions of his office. The Executive Director and the heads of the Executive Communities shall receive an annual compensation to be determined by the Executive Board. Sec16. Civil Service Rules and Regulations. — For purposes of the CAR, exemptions from Civil Service rules and regulations may be provided by the Civil Service Commission. Sec17. Period of Existence. — The CAR and its Assembly and Executive Board shall exist until such time as the autonomous regional government shall have been established and organized under an organic act passed by Congress in accordance with Section 18, Article X of the Constitution. Sec18. Term of Office. — The term of office of the members and officers of the Assembly and Executive Board shall be coterminous with the period of existence of the CAR. The city mayor, the governors, and the regional directors shall hold office as members of the Executive Board only during the term for which they were elected and/or appointed.

CA VE AT:

- 327 Sec19. Rules of Procedures. — The Assembly and the Executive Board shall each adopt by a majority vote of their members their own rules of procedure as well as rules and regulations on discipline and privileges. They shall also prescribe rules and regulations regarding internal organization, sessions, meetings and quorum. Sec20. Projects. — The CAR, through its Executive Board, shall monitor the implementation of all ongoing national and local government projects in the region within the purview of Section 5(a) hereof. Sec21. Appropriations and Funds. — There is hereby appropriated from available funds of the National Treasury the amount of five (5) million pesos for the operation of the CAR for the fiscal year 1987. Thereafter, an annual appropriation for its budget shall be included in the General Appropriations Act. The President and appropriate national departments and agencies shall make available sources of funds for priority physical, social and economic development programs and projects as recommended by the CAR. The collection, custody, use and disbursement of public funds in the CAR shall be governed by its resolutions, rules and regulations of the Executive Board consonant with national laws, rules and regulations. Sec22. Taxes and Resources. — The CAR shall receive an equitable share of the taxes and other government revenues generated in the CAR territorial coverage. For this purpose, as part of the BIR allotment in the region, the CAR and the local government units within the Cordillera Administrative Region's territorial coverage shall have at least fifty percent (50%) share of such taxes and other government revenues to be distributed as follows: ten percent (10%) to barangays, ten percent (10%) to municipalities, fifteen percent (15%) to provinces or cities, fifteen percent (15%) to the CAR. To ensure proper implementation of the principle of equitable sharing, the President shall direct the Department of Finance and appropriate national departments and agencies to coordinate with the CAR. Sec23. Grants, Donations, Gifts. — Within the framework of pertinent laws and regulations, the CAR shall be authorized to receive grants, donations or gifts, provided that such grants, donations or gifts shall be administered, obligated and disbursed in accordance with the terms thereof, or in the absence of such terms, in such manner as a majority of the executive Board may determine. Sec24. Relationship with the National Government. — The President shall have the power of general supervision over the CAR and the local government units therein and shall issue the appropriate guidelines therefor. The President may also call upon the appropriate executive departments and agencies of the National Government to assist the CAR as may be necessary. The Executive Director shall submit a semi-annual report to the President.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Sec25. Transitory Provisions. — 1) The Executive Board shall conduct a study on the territorial coverage of the Cordillera autonomous region to be established under an organic act to be passed by the Congress under Section 15 and 18, Article X, of the Constitution. This territorial coverage may include provinces, cities, municipalities, and geographic areas contiguous to the territory defined under Section 2. 2) The President may call upon the Assembly to assist her in constituting the Cordillera Regional Consultative Commission. Consonant with Section 3(c) hereof, the CAR shall contribute in a meaningful and appropriate manner to the work of the Cordillera Regional Consultative Commission and in the preparation of the organic act by Congress for the Cordillera autonomous region. 3) Pursuant to Section 2, the main offices of the CAR shall be located at the Cordillera House in Baguio City until otherwise determined by the Cordillera Executive Board. Sec26. Separability Clause. — The provisions of this Executive Order are hereby declared to be separable, and in the event any one or more of such provisions are held unconstitutional, such shall not affect the validity of other provisions. Sec27. Repealing Clause. — For purposes of the CAR and for the duration of its existence, and all laws, acts, presidential decrees, executive orders, proclamations and/or administrative regulations which are inconsistent with this Executive Order are hereby repealed, amended or modified accordingly. Sec28. Effectivity. — This Executive Order shall take effect immediately upon signing and publication as required by law. Done in the City of Manila, this 15th day of July, in the year of Our Lord, nineteen hundred and eighty-seven.

See RA 6766 - An Act Providing For An Organic Act For The Cordillera Autonomous Region

See RA 8438 - An Act To Establish The Cordillera Autonomous Region

Ordillo vs. COMELEC (1990) supra Facts: A plebiscite was conducted in the provinces of Benguet, Mountain Province, Ifugao, Abra and Kalinga-Apayao and Baguio City cast their votes in a plebiscite pursuant to R.A. No. 6766 (Oragnic Act of CAR). The COMELEC results of the plebiscite showed that only the Ifugao Province wanted the CAR. DOJ Sec. issued a memorandum for the President reiterating the COMELEC resolution and provided that since only the provinces and city voting favorably shall be included in the CAR, the province of Ifugao being the only province which voted favorably will alone,

CA VE AT:

- 328 legally and validly constitute the CAR. Ordillo et. al, then, complains. Held: Ifugao cannot be the CAR alone. The keywords in Art. X, Sec. 15, (Const) — provinces, cities, municipalities and geographical areas connote that "region" is to be made up of more than one constituent unit. The term "region" used in its ordinary sense means 2 or more provinces. This is supported by the fact that the 13 regions into which the Philippines is divided for administrative purposes are groupings of contiguous provinces. Ifugao is a province by itself. To become part of a region, it must join other provinces, cities, municipalities, and geographical areas. It joins other units because of their common and distinctive historical and cultural heritage, economic and social structures and other relevant characteristics. The Constitutional requirements are not present in this case.

Cordillera Broad Coalition vs. COA (1990) supra Facts: After the 1996 EDSA Revolution, Balweg, broke off on ideological grounds from the CPP-NPA. After President Aquino was installed into office, she advocated a policy of national reconciliation. The Cordillera People’s Liberation Army (CPLA) heeded this call. Aqiuno and Balweg arrived at a joint agreement to draft an Executive Order to create a preparatory body that could perform policy-making and administrative functions and undertake consultations and studies leading to a draft organic act for the Cordilleras. Pursuant to the joint agreement, E.O. 220, creating the Cordillera Administrative Region (CAR) was signed into law. During the pendency of this case, R.A. No. 6766 (Organic Act of CAuR) was enacted and signed into law. The Act recognizes the CAR and the offices and agencies created under E.O. No. 220 and its transitory nature is reinforced. Petitioners contend that the issuance of the EO pre-empted Congress’ task. Held: NO. EO 220 does not create the autonomous region contemplated in the Constitution. It merely provides for transitory measures in anticipation of the enactment of an organic act and the creation of an autonomous region. In short, it prepares the ground for autonomy. This does not necessarily conflict with the provisions of the Constitution on autonomous regions. The complex procedure for the creation of an autonomous region in the Cordilleras will take time. The President, in 1987 still exercising legislative powers, as the first Congress had not yet convened, saw it fit to provide for some measures to address the urgent needs of the Cordilleras in the meantime that the organic act had not yet been passed and the autonomous region created. These measures are in E.O. No. 220, and they do not violate the Constitution. The bodies created by E.O. No. 220 do not supplant the existing local governmental structure, nor are they autonomous government agencies. They merely constitute the mechanism for an "umbrella" that brings together the existing local governments, the agencies of the National Government, the ethno-linguistic

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER groups or tribes, and NGOs in a concerted effort to spur development in the Cordilleras. Neither did E.O. 220 contravene the Constitution by creating a new territorial and political subdivision. The CAR is not a public corporation or a territorial and political subdivision. It does not have a separate juridical personality, unlike provinces, cities and municipalities. Neither is it vested with the powers that are normally granted to public corporations (the power to sue and be sued, the power to own and dispose of property, the power to create its own sources of revenue, etc.). The CAR was created primarily to coordinate the planning and implementation of programs and services in the covered areas. The CAR is in the same genre as the administrative regions created under the Reorganization Plan, albeit under E.O. No. 220. The operation of the CAR requires the participation not only of the line departments and agencies of the National Government but also the local governments, ethno-linguistic groups and NGOs in bringing about the desired objectives and the appropriation of funds solely for that purpose.

Badua vs. Cordillera Bodong Association (1991) Facts: Spouses Badua, allegedly own a farm land in faraway Abra and were forcibly ejected from the land by virtue of a "decision" of the Cordillera Bodong Administration of the Cordillera People's Liberation Army. Fearful for his life, the brave Leonor Badua went into hiding while his wife, Rosa, was arrested by the Cordillera People's Liberation Army and detained for two days. The Baduas filed this petition. Issue: WON a tribal court of the Cordillera Bodong Administration can render a valid and executory decision in a land dispute Held: NO. In the Ordillo case, the creation of the Cordillera Autonomous Region was rejected by all the provinces and city of the Cordillera region, except Ifugao province, hence, the Cordillera Autonomous Region did not come to be. As a logical consequence of that judicial declaration, the Cordillera Bodong Administration, the indigenous and special courts for the indigenous cultural communities of the Cordillera region and the Cordillera People's Liberation Army, do not legally exist. Since the Cordillera Autonomous Region did not come into legal existence, the Maeng Tribal Court was not constituted into an indigenous or special court under R.A. No. 6766. Hence, the Maeng Tribal Court is an ordinary tribal court existing under the customs and traditions of an indigenous cultural community. They do not possess judicial power.

Me tro Man ila Dev elo pm ent Au tho ri ty

CA VE AT:

- 329 -

1987 Constitution Sec11, ArtX. The Congress may, by law, create special metropolitan political subdivisions, subject to a plebiscite as set forth in Section 10 hereof. The component cities and municipalities shall retain their basic autonomy and shall be entitled to their own local executives and legislative assemblies. The jurisdiction of the metropolitan authority that will hereby be created shall be limited to basic services requiring coordination. Sec8, ArtXVIII Until otherwise provided by the Congress, the President may constitute the Metropolitan Authority to be composed of the heads of all local government units comprising the Metropolitan Manila area. RA7924 (1995) – An Act Creating The Metropolitan Manila Development Authority, Defining Its Powers And Functions, Providing Funds Therefor And For Other Purposes Sec1. Declaration of Policy. — It is hereby declared to be the policy of the State to treat Metropolitan Manila as a special development and administrative region and certain basic services affecting or involving Metro Manila as metro-wide services more efficiently and effectively planned, supervised and coordinated by a development authority as created herein, without prejudice to the autonomy of the affected local government units. Pursuant to this policy, Metropolitan Manila, as a public corporation created under Presidential Decree No. 824, embracing the cities of Caloocan, Manila, Mandaluyong, Makati, Pasay, Pasig, Quezon, and Muntinlupa, and the municipalities of Las Piñas, Malabon, Marikina, Navotas, Parañaque, Pateros, San Juan, Tagig, and Valenzuela, is hereby constituted into a special development and administrative region subject to direct supervision of the President of the Philippines. Sec2. Creation of the Metropolitan Manila Development Authority. — The affairs of Metropolitan Manila's shall be administered by the Metropolitan Manila Development Authority, hereinafter referred to as the MMDA, to replace the Metro Manila Authority (MMA) organized under Executive Order No. 392 series of 1990. The MMDA shall perform planning, monitoring and coordinative functions, and in the process exercise regulatory and supervisory authority over the delivery of metro-wide services within Metro Manila without diminution of the autonomy of the local government units concerning purely local matters. Sec3. Scope of MMDA Services. — Metro-wide services under the jurisdiction of the MMDA are those services which have metro-wide impact and transcend local political boundaries or entail huge expenditures such that it would not be viable for said services to be provided by the individual local government units (LGUs) comprising Metropolitan Manila. These services shall include: (a) Development planning which includes the preparation of medium and long-term development plans; the development, evaluation and packaging of projects; investments

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER programming; and coordination and monitoring of plan, program and project implementation. (b) Transport and traffic management which include the formulation, coordination, and monitoring of policies, standards, programs and projects to rationalize the existing transport operations, infrastructure requirements, the use of thoroughfares, and promotion of safe and convenient movement of persons and goods; provision for the mass transport system and the institution of a system to regulate road users; administration and implementation of all traffic enforcement operations, traffic engineering services and traffic education programs, including the institution of a single ticketing system in Metropolitan Manila. Cdt (c) Solid waste disposal and management which include formulation and implementation of policies, standards, programs and projects for proper and sanitary waste disposal. It shall likewise include the establishment and operation of sanitary land fill and related facilities and the implementation of other alternative programs intended to reduce, reuse and recycle solid waste. (d) Flood control and sewerage management which include the formulation and implementation of policies, standards, programs and projects for an integrated flood control, drainage and sewerage system. (e) Urban renewal, zoning, and land use planning, and shelter services which include the formulation, adoption and implementation of policies, standards, rules and regulations, programs and projects to rationalize and optimize urban land use and provide direction to urban growth and expansion, the rehabilitation and development of slum and blighted areas, the development of shelter and housing facilities and the provision of necessary social services thereof. (f) Health and sanitation, urban protection and pollution control which include the formulation and implementation of policies, rules and regulations, standards, programs and projects for the promotion and safeguarding of the health and sanitation of the region and for the enhancement of ecological balance and the prevention, control and abatement of environmental pollution. (g) Public safety which includes the formulation and implementation of programs and policies and procedures to achieve public safety, especially preparedness for preventive or rescue operations during times of calamities and disasters such as conflagrations, earthquakes, flood and tidal waves, and coordination and mobilization of resources and the implementation of contingency plans for the rehabilitation and relief operations in coordination with national agencies concerned. Sec4. Metro Manila Council. — The governing board and policy making body of the MMDA shall be the Metro Manila Council, composed of the mayors of the eight (8) cities and nine (9) municipalities enumerated in Section 1 hereof, the president of the Metro Manila Vice Mayors League and the president of the Metro Manila Councilors League. The heads of the Department of Transportation and Communications (DOTC), Department of Public Works and Highways (DPWH), Department of Tourism (DOT), Department

CA VE AT:

- 330 of Budget and Management (DBM), Housing and Urban Development Coordinating Committee (HUDCC), and Philippine National Police (PNP) or their duly authorized representatives, shall attend meetings of the council as non-voting members. The Council shall be headed by a chairman, who shall be appointed by the President and who shall continue to hold office at the discretion of the appointing authority. He shall be vested with the rank, rights, privileges, disqualifications, and prohibitions of a cabinet member. The chairman shall be assisted by a general manager, an assistant general manager for finance and administration, an assistant general manager for planning and assistant general manager for operation, all of whom shall be appointed by the President with the consent and concurrence of the majority of the Council, subject to civil service laws, rules and regulations. They shall enjoy security of tenure and may be removed for cause in accordance with law. The assistant general manager for planning must have not less than five (5) years extensive experience in development and planning or must hold a master's degree in urban planning or similar disciplines. The chairman and members of the Council shall be entitled to allowance and per diems in accordance with existing policies, rules and regulations on the matter.

Sec5. Functions and Powers of the Metro Manila Development Authority. — The MMDA shall: (a) Formulate, coordinate and regulate the implementation of medium and long-term plans and programs for the delivery of metro-wide services, land use and physical development within Metropolitan Manila, consistent with national development objectives and priorities; (b) Prepare, coordinate and regulate the implementation of medium-term programs for metro-wide services which shall indicate sources and uses of funds for priority programs and projects, and which shall include the packaging of projects and presentation to funding institutions; (c) Undertake and manage on its own metro-wide programs and projects for the delivery of specific services under its jurisdiction, subject to the approval of the Council. For this purpose, MMDA can create appropriate project management offices; (d) Coordinate and monitor the implementation of such plans, programs and projects in Metro Manila; identify bottlenecks and adopt solutions to problems of implementation; (e) The MMDA shall set the policies concerning traffic in Metro Manila, and shall coordinate and regulate the implementation of all programs and projects concerning traffic management, specifically pertaining to enforcement, engineering and education. Upon request, it shall be extended assistance and cooperation, including but not limited to, assignment of personnel, by all other government agencies and offices concerned; (f) Install and administer a single ticketing system, fix, impose and collect fines and penalties for all kinds of violations of traffic rules and regulations, whether moving or non-moving in nature, and confiscate and suspend or revoke drivers' licenses in the enforcement of such traffic laws and regulations, the

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER provisions of RA 4136 and PD 1605 to the contrary notwithstanding. For this purpose, the Authority shall enforce all traffic laws and regulations in Metro Manila, through its traffic operation center, and may deputize members of the PNP, traffic enforcers of local government units, duly licensed security guards, or members of non-governmental organizations to whom may be delegated certain authority, subject to such conditions and requirements as the Authority may impose; and (g) Perform other related functions required to achieve the objectives of the MMDA, including the undertaking of delivery of basic services to the local government units, when deemed necessary subject to prior coordination with and consent of the local government unit concerned. Sec6. Functions of the Metro Manila Council. — (a) The Council shall be the policy-making body of the MMDA. (b) It shall approve metro-wide plans, programs and projects and issue rules and regulations and resolutions deemed necessary by the MMDA to carry out the purposes of this Act. (c) It may increase the rate of the allowances and per diems of the members of the Council to be effective during the term of the succeeding Council. It shall fix the compensation of the officers and personnel of the MMDA, and approve the annual budget thereof for submission to the Department of Budget and Management (DBM). (d) It shall promulgate rules and regulations and set policies and standards for metro-wide application governing the delivery of basic services, prescribe and collect service and regulatory fees, and impose and collect fines and penalties. Sec7. Functions of the Chairman. — The chairman shall: (a) Appoint, subject to civil service laws, rules and regulations, all subordinate officers and employees, who shall enjoy security of tenure and may be removed only for cause in accordance with law. The chairman is hereby authorized to engage the services of experts/consultants either on full time or part-time basis, as may be required in the performance of his functions and duties as may be determined by him; (b) Execute the policies and measures approved by the Metro Manila Council and be responsible for the efficient and effective day-to-day management of the operations of the MMDA; (c) Prepare the annual budget for the operations of the MMDA for submission to the Council; (d) Submit for consideration of the Council such other policies and measures as he may deem necessary to carry out the purposes and provisions of this Act; (e) Subject to the guidelines and policies set by the Council, prepare the staffing pattern and fix the number of subordinate officials and employees of the MMDA; and exercise the power to discipline subordinate officials and employees under the provisions of law; (f) Prepare an annual report on the accomplishments of the MMDA at the close of each calendar year for submission to the Council and to the President of the Philippines; and

CA VE AT:

- 331 (g) Perform such other duties as may be assigned to him by the President or by the Council.

Sec8. Functions of the General Manager. — The general manager shall: (a) Assist the chairman in the administration of the MMDA and supervision of subordinate personnel; (b) Assist the chairman in the supervision of the operation of the various operating centers and units of the MMDA; (c) Assist the chairman in the review of plans and programs for the MMDA and for Metro Manila in the preparation of the annual report of activities and accomplishments of the MMDA; and (d) Perform such other duties and functions as may be lawfully delegated or assigned by the chairman from time to time. Sec9. Institutional Linkages of the MMDA. — The MMDA shall, in carrying out its functions, consult, coordinate and work closely with the LGUs, the National Economic and Development Authority (NEDA) and other national government agencies mentioned in Section 4 hereof, and accredited people's organizations (POs), nongovernmental organizations (NGOs), and the private sector operating in Metro Manila. The MMDA chairman or his authorized representative from among the Council members, shall be ex officio member of the boards of government corporations and committees of the department and offices of government whose activities are relevant to the objectives and responsibilities of the MMDA which shall include but not be limited to Metropolitan Waterworks and Sewerage System (MWSS), DOTC, DPWH, HUDCC and Department of the Interior and Local Government (DILG). The MMDA shall have a master plan that shall serve as the framework for the local development plans of the component LGUs. The MMDA shall submit its development plans and investment programs to the NEDA for integration into the Medium-Term Philippine Development Plan (MTPDP) and public investment program. The implementation of the MMDA's plans, programs, and projects shall be undertaken by the LGUs, the concerned national government agencies, the POs, NGOs and the private sector and the MMDA itself where appropriate. For this purpose, the MMDA may enter into contracts, memoranda of agreement and other cooperative arrangements with these bodies for the delivery of the required services within Metropolitan Manila. The MMDA shall, in coordination with the NEDA and the Department of Finance, interface with the foreign assistance agencies for purposes of obtaining financing support, grants and donations in support of its programs and projects. Sec10. Sources of Funds and the Operating Budget Of MMDA: (a) To carry out the purposes of this Act, the Amount of One billion pesos (P1,000,000,000) is hereby authorized to be appropriated for the initial operation of the MMDA. Thereafter, the annual expenditures including capital outlays of the MMDA shall be provided in the General Appropriations Act.

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER (b) The MMDA shall continue to receive the Internal Revenue Allotment (IRA) currently allocated to the present MMA. (c) The MMDA is likewise empowered to levy fines, and impose fees and charges for various services rendered. Cdasia (d) Five percent (5%) of the total annual gross revenue of the preceding year, net of the internal revenue allotment, or each local government unit mentioned in Section 2 hereof, shall accrue and become payable monthly to the MMDA by each city or municipality. In case of failure to remit the said fixed contribution, the DBM shall cause the disbursement of the same to the MMDA chargeable against the IRA allotment of the city or municipality concerned, the provisions of Section 286 of RA 7160 to the contrary notwithstanding. Sec11. Transitory Provisions. — To prevent disruption in the delivery of the basic urban services pending the full implementation of the MMDA's organizational structure and staffing pattern, all officials and employees of the interim MMA shall continue to exercise their duties and functions and receive their salaries and allowances until they shall have been given notice of change of duties and functions, and of being transferred to another office or position. All assets and properties presently in use or under the accountability of the interim MMA and all its obligations, indebtedness, or liabilities shall be transferred to and assumed by the MMDA created under this Act, subject to the conditions that may be established by the Department of Budget and Management, Office of the President, and Commission on Audit. The civil service laws, rules and regulations pertinent to the displacement of personnel affected by this Act shall be strictly enforced. The national government shall provide such amounts as may be necessary to pay the benefits accruing to displaced employees at the rate of one and one-fourth (1 1/4) month's salary for every year of service: Provided, That, if qualified for retirement under existing retirement laws, said employees may opt to receive the benefits thereunder.

Metropolitan Transfer Command vs. Gonong (1990) Facts: The rear license plate of David’s car was removed by the Metropolitan Traffic Command while the vehicle was parked on Escolta. He questioned the petitioner's act on the ground not only that the car was not illegally parked but, more importantly, that there was no ordinance or law authorizing such removal. He asked that the practice be permanently enjoined and that in the meantime a temporary restraining order or a writ of preliminary injunction be issued. Held: A careful reading of the above PD 1605 will show that removal and confiscation of the license plate of any illegally parked vehicle is not among the specified penalties. Moreover, although the Metropolitan Manila Commission is authorized by the decree to "otherwise discipline" and "impose higher penalties" on traffic

CA VE AT:

- 332 violators, whatever sanctions it may impose must be "in such amounts and under such penalties as are herein prescribed." LOI 43 is inapplicable since what the LOI punishes is not a traffic violation but a traffic obstruction, which is an altogether different offense. LOI 43 does not punish illegal parking per se but parking of stalled vehicles, i e., those that involuntarily stop on the road due to some unexpected trouble such as engine defect, lack of gasoline, punctured tires, or other similar cause.

Solicitor General vs. MMA (1991) Facts: upreme Court received several complaints regarding the confiscation of the complainants’ driver’s licenses and even a license plate by the traffic enforcers for alleged traffic violations under Ordinance No. 7 of Mandaluyong, Memorandum from the District Commander of the Western Traffic District of PNP, and Ordinance No. 11 of the Metropolitan Manila Authority Issue 1: Won There Was Valid Delegation Of Power to MMA (& The Mun. Of Mandaluyong) to Issue Such Ordinance/S Held1: YES. There is a valid delegation of legislative power to promulgate such measures, it appearing that the requisites of such delegation are present. (1) The completeness of the statute making the delegation and (2) The presence of a sufficient standard – “convenience and welfare” of the public, particularly the motorists and passengers. Issue 2: Won The Exercise Of The Delegated Power By The MMA (& Mun. Of Mandaluyong) Was Valid Held2: NO. The measures under consideration do not pass the first criterion that it must not contravene the constitution because they do not conform to existing law. The pertinent law is PD 1605. PD 1605 does not allow either the removal of license plates or the confiscation of driver’s licenses for traffic violations committed in Metropolitan Manila. In fact, PD 1605 prohibit the imposition of such sanctions in Metropolitan Manila. Notably, Section 5 thereof expressly provides that in case of traffic violations, the driver’s license shall not be confiscated. NOTES: Ordinance cannot impose higher penalty than the law. So what’s the point? Thoughts to ponder on: What if in Cebu they have ordinances protecting women from domestic violence, what happens if a subsequent national law w/ lower penalties or decreasing the grounds for violations?

MMDA vs. Bel-Air Village Association (2000)

The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .

Amusin S C A r y gly THE C2005 LOCAL GOVERNMENT REVIEWER Fact s: Bel-Air Village Associaiton (BAVA) received from MMDA a notice requesting it to open Neptune Street to public vehicular traffic. BAVA was also apprised that the perimeter wall separating the subdivision from the adjacent Kalayaan Avenue would be demolished. BAVA institued a petition for injunction with TRO and preliminary writ of injunction against MMDA. Issue: WON MMDA IS ENDOWED WITH POLICE POWER (note: police power cannot be exercised by any group or body not possessing legislative power) Held: NO. The MMDA is, as termed in the charter itself, a “development authority.” It is an agency created for purpose of laying down policies and coordinating with the various national government agencies, people’s organizations, non-governmental organizations and the private sector for the efficient and expeditious deliver of basic services in the vast metropolitan area. All its functions are ADMINISTRATIVE in nature. The powers of the MMDA under RA 7924 are limited to the following acts: formulation, coordination, regulation, implementation, preparation, management, monitoring, setting of policies, installation of a system and administration. There is nothing in RA NO. 7924 that grants MMDA police power, let alone legislative power. The MMDA is not the same entity as the MMC in Sangalang. Although the MMC is the forerunner of the present MMDA, the charter of the MMC shows that the latter possessed greater powers which were not bestowed on the present MMDA. The legislative debates would show that the MMDA was not intended as a political unit of the government or a public corporation endowed with legislative power. It is not even a “special metropolitan political subdivision”. • no plebiscite was conducted for its creation • the chairman of the MMDA is not an official elected by the people, but appointed by the president with the rank and privileges of a cabinet member. • Part of the chairman’s functions is to perform such other duties as may be assigned to him by the President, whereas in LGUs, the president merely exercises supervisory authority. This emphasizes the administrative character of the MMDA. Clearly, the MMC is not the same entity as MMDA. Unlike the MMC, the MMDA has no power to enact ordinances for the welfare of the community. It is the LGUs, acting through their legislative councils, that possess legislative power and police power. NOTES: Q: Can the LGU grant police power to MMDA: A: No, because Congress had already denied them that power and no law allows LGU’s to do that. SIR: LGU’s should be telling MMDA what to do NOT the other way around.

- 333 -

Q: Can MMDA remove vendors from sidewalk? A: No, because MMDA has no police power. Vendors are the concern of the Sangguniang Bayan or Panglungsod not the MMDA. LGU’shave the ordinances to govern sidewalk vendors. They should ask MMDA to help them. Sexy Writing Exercise from How to Write a Dirty Story: Reading, Writing and Publishing Erotica

If you're thinking about writing an erotic story or love letter, but don't know where to start, try this exercise to get you started! Fantasies Exercise Give yourself two minutes to answer each of the following questions. When your time is up, stop, even if you haven't finished your sentence.

•

Write down an erotic fantasy about a sexual experience that you would have in a minute if it were offered to you, no questions asked. It should be something you would have no reservations or conditions about doing in real life.

•

Write down an erotic fantasy about a sexual experience that you would only have under certain conditions. You could give yourself up wholeheartedly under those conditions, but otherwise not at all.

•

Write down an erotic fantasy about a sexual experience that is completely satisfying to you in your imagination but that you could not do because it is either physically impossible or something you could never bring yourself to do in real life... Yet in your mind, it is completely hot and fulfilling Now you have three potential pieces of fiction, based on your fantasies. Take another sheet of paper and answer the following:

•

What do you notice about the differences, or similarities, between your three fantasies?

• •

Have you ever confided any of these fantasies to anyone? Is any one of your three fantasies more compelling than another, sexually or creatively?

Goal

•

To articulate thoughts that are often unspoken and unwritten.

• •

To pay intimate attention to your erotic unconscious. To identify the elements in your erotic "stories" that both propel and inhibit you.

After You Finish This Exercise, You'll Never Believe Again...

• • •

That your fantasy life is barren. That fantasies can only be satisfied by acting them out. That fantasies are not enhanced by conflicts, taboos and inhibitions. (Like literature, they thrive on all those things!)

A TRUE STORY The Apocryphal Maggots: Rainier, Chrisgel, Corina, Geoffry, Grace and Sylvie Blanche The Flibbertigibbet Worms: Golda, Gladys and Melyjane

At the last day of Loc Gov class, DG says:

CA VE AT:

“ If I could give a standing ovation alone for this class (meaning C 2005 of course), I would. You have improved from the last time. And I think you’re better than the other one. That’s why I tell my freshmen class there is still hope for you. Look at this section (again, referring to C-2005).”

By simply r ea ding this re vi ew er a t the end o f the sem este r wi ll (hopef ully) guar antee you r pas sing this cou rse. D rink mode rat ely .