Local Government Code Midterm

Question 1

LGC Codal: Sec. 6- Authority to Create LGU

Answer 1

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.

Question 2

LGC Codal: Sec 7- Creation and Conversion

Answer 2

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

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.

Question 3

LGC Codal: Sec 8- Division and Merger

Answer 3

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.

Question 4

LGC Codal: Sec. 9- Abolition of Local Government Units

Answer 4

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 Sec 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.

Question 5

LGC Codal: Sec. 10- Plebiscite Requirement

Answer 5

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 COMELEC within 120 days from the date of effectivity of the law or ordinance effecting such action, unless said law or ordinance fixes another date.

Question 6

LGC Codal: Sec. 14- Beginning of Corporate Existence

Answer 6

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.

Question 7

LGC Codal: Sec. 15- Political and Corporate Nature of LGU

Answer 7

Every LGU created or recognized 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.

Question 8

What are the elements of Municipal Corporations?

Answer 8

1. Legal Creation / Incorporation- the law creating or authorizing the creation or incorporation of a municipal corporation
2. Corporate Name- the name of the municipal corporation by which it is incorporated and known and in which all corporate acts are done
3. Inhabitants- the natural persons, the constituents, who compose the municipal corporation
4. Territory- the land mass where the inhabitants reside, together with the waters, and the air space above the land and water.

Question 9

What are the twin functions of a municipal corporations?

Answer 9

The governmental function of a local government involves the administration of the power of the State and promoting the public welfare.

The proprietary function of a local government is exercised for the special benefit and advantage of the community and for the attainment of their collective needs.

Question 10

What are the requisites of De Facto Municipal Corporation?

Answer 10

a. An Attempt to organize it in good faith
b. A valid law authorizing incorporation
c. A colorable compliance with law
d. An assumption of corporate powers

Question 11

What are the requirements that must be satisfied in creating LGUs?

Answer 11

For Province or City-
1. Income and Either Population or Land Area

For Municipality
1. Income
2. Population, and
3. Land Area

For Barangay
1. Population and
2. Territorial contiguity

Question 12

What is the manner of creating LGUs?

Answer 12

A. For Barangay- Ordinance by Sangguniang Panlalawigan or Sangguniang Panlungsod

Note: Where a barangay is created by an ordiance of the Sangguniang Panlalawigan, the recommendation of the Sangguniang Bayan concerned shall be necessary.

B. For Municipality, Component City and Province- By an act of Congress subject to the approval by a majority of the votes cast in a plebiscite to be conducted by the COMELEC

Question 13

What is the manner of the conversion of LGU?

Answer 13

A. For component city to highly-urbanized city- It shall be the duty of the President to declare a city as highly urbanized upon proper application and ratification in a plebiscite by the qualified voters therein.
Note: It is a ministerial duty for the President, to declare a component city as highly urbanized once the minimum requirements are satisfied.

B. Sub-provinces to 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.

Question 14

What are the substantive requirements for the creation of LGUs?

Answer 14

Barangay
Income: No minimum requirement
Population: 2,000 but 5,000 for Metro Manila and highly urbanized cities
Land area: No minimum requirement except for contiguity

Municipality
Income: 2.5 Million
Population: 25,000
Land area: 50 sq. km

Component City
Income: 100 million
Population: 150,000
Land Area: 100 sq. km

Highly Urbanized City
Income: 50 million
Population: 200,000
Land area: 100 sq. km

Province
Income: 20 million
Population: 250,000
Land Area: 2,000 sq. km

Question 15

What is the principle of local autonomy?

Answer 15

The Principle of Local Autonomy under the 1987 Constitution simply means “decentralization”. It does not make local governments sovereign within the state.

But while regulations may validly be imposed on the exercise of local autonomy, such regulations are ultimately geared toward enhancing self-governance.

Consequently, the devolution of administrative powers and functions inherent in local autonomy should not be rendered inutile by the need to seek prior approval from central government agencies. Rather, an autonomous local government should be able to promptly address matters in the exigencies of public service without undue restriction.

Local autonomy means a more responsive and accountable local government structure instituted through the system of decentralization.

Question 16

What is a devolution?

Answer 16

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 ff. are the devolved powers to the LGUs:
1. Public works
2. Social Welfare
3. Construction of school building and facilities
4. health
5. Agriculture
6. Tourism functions

Question 17

What is decentralization?

Answer 17

In its broad and general sense, decentralization has two forms in the Philippine setting, namely: decentralization of power and decentralization of administration.

The decentralization of power involves the abdication of political power in favor of the autonomous LGUs as to grant them the freedom to chart their own destinies and to shape their futures with minimum intervention from the central government. This amounts to self-immolation because the autonomous LGUs thereby become accountable not to the central authorities but to their constituencies.

On the other hand, the decentralization of administration occurs when the central government delegates administrative powers to the LGUs as the means of broadening the base of governmental powers and of making the LGUs more responsive and accountable in the process, and thereby ensure their fullest development as self reliant communities and more effective partners in the pursuit of the goals of national development and social progress. This form of decentralization further relieves the central government of the burden of managing local affairs so that it can concentrate on national concerns. Administrative decentralization is also referred to as deconcentration.