Local Governments Flashcards
What is the concept of association?
it is an associative relationship or association formed when two states of unequal power voluntarily establish durable links
What are the devolved powers to the LGUs?
- Public works
- Social Welfare
- Construction of school buildings and facilities
- Health
- Agriculture
- Tourism functions
What is an autonomous region?
It is a corporate entity with jurisdiction over all matters devolved to it by the Constitution and the organic Act. They are considered one of the forms of local governments.
What are the legislative powers that are devolved to the autonomous regions?
(1) Administrative organization;
(2) Creation of sources of revenues;
(3) Ancestral domain and natural resources;
(4) Personal, family, and property relations;
(5) Regional urban and rural planning development;
(6) Economic, social, and tourism development;
(7) Educational policies;
(8) Preservation and development of the cultural heritage; and
(9) Such other matters as may be authorized by law for the promotion of the general welfare of the people of the region.
What is an organic act in relation to autonomous regions?
It is an act by the Congress which shall define the basic structure of government for the region consisting of the executive department and the legislative assembly. It shall provide for special courts with personal, family and property law jurisdiction.
What is the extent of authority granted to Autonomous Regional Governments?
All internal administrative matters except:
1. National defense and security
2. Foreign relations
3. Foreign trade
4. Currency, monetary affairs, foreign exchange, banking, quasi-banking and external borrowing
5. Disposition, exploration, development, exploitation or utilization of all natural resources
6. Air and sea transport
7. Postal matters and telecommunications
8. Customs and quarantine
9. Immigration and deportation
10. Citizenship and naturalization
11. National economic, social, and educational planning
12. General auditing
What are the limitations on permanent closure of roads?
- Ordinance must be approved by at least 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
- No such way or place or any part thereof will be closed without making provisions for the maintenance of public safety therein
- No freedom park shall be permanently closed without transfer
What are the corporate powers of LGUs?
- To have continuous succession in its corporate name
- To sue and be sued
- To have and use a corporate seal
- To acquire and convey real or personal property
- To enter into contracts
- To exercise such other powers as are granted to corporations, subject to the limitations provided in the LGC
On what grounds may the local chief executive veto an ordinance?
- Ultra vires
- Prejudicial to public welfare
When may an LGU be held liable?
- Damages for the death or, or injuries suffered by any person by reason of the defective conditions of roads, streets, bridges, public buildings, and other public works under their control or supervision
- State is responsible in like manner when it acts through a special agent
- When a member of a city or municipal police force refuses to 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
Who has jurisdiction to settle boundary disputes between 2 or more barangays?
The sangguniang panglungsod or sangguniang bayan
Who has jurisdiction over boundary disputes involving 2 or more municipalities within the same province?
Sangguniang panlalawigan
Who has jurisdiction over boundary disputes involving municipalities or component cities of different provinces?
Jointly referred for settlement to the sanggunians of the provinces concerned
Who has jurisdiction over boundary disputes involving a component city or municipality on one hand and a highly urbanized city on the ther
OR
2 or more highly urbanized cities?
Jointly referred for settlement to the respective sanggunians of the parties
Who has jurisdiction over boundary disputes between a municipality and an independent component city in the same province?
RTC of the province that can adjudicate it
