Local Governments

Question 1

Define devolution with respect to local government units

Answer 1

Question 2

What are the various LGUs?

Answer 2

City, Province, Municipality, and Barangay

Question 3

Define decentralization

Answer 3

Shift of authority, resources, and responsibilities from central government to local governments

Question 4

Categories of decentralization

Answer 4

Question 5

Discuss political decentralization or devolution

Answer 5

Key word: performance of certain functions

Question 6

Discuss administrative decentralization or deconcentration

Answer 6

Key words: central government agency functions to local government agencies

Question 7

Discuss fiscal decentralization

Answer 7

Key words: power to create own sources of revenue; automatic release

Question 8

Discuss policy- or decision-making decentralization

Answer 8

Key words: authority to make decisions on policy issues

Question 9

Differentiate decentralization from deconcentration

Answer 9

Decentralization is political decentralization while deconcentration is administrative decentralization

Question 10

In relation to autonomous regions, discuss the concept of autonomy

Answer 10

Key words: shared social-cultural characteristics; determined groups; establishment of special governance regime

Question 11

Is the concept of association (as understood in international law) recognized under the Constitution?

Answer 11

No.

Question 12

What is the extent of territorial jurisdiction of LGUs?

Answer 12

Extends only to land area

Question 13

Answer 13

Nuisance = police power; not eminent domain

Question 14

The Municipality filed a case to annul the order by the LLDA. (1) Can the Municipality invoke police power to prevent its residents and the LLDA from interfering with the operation of the dumpsite by the Municipality? Explain. (2) Can the LLDA justify its order by asserting that the health of the residents will be adversely affected. Explain

Answer 14

Question 15

If FCC hires you as lawyer, what defense or defenses would you set up in order to resist the expropriation of the property? Explain.

Answer 15

Question 16

If the Court grants the City's prayer for expropriation, but the City delays payment of the amount determined by the court as just compensation, can FCC recover the property from Pasig City? Explain.

Answer 16

Question 17

Suppose the expropriation succeeds, but the City decides to abandon its plan to subdivide the property for residential purposes having found a much bigger lot, can FCC legally demand that it be allowed to repurchase the property from the City of Pasig? Why or why not?

Answer 17

Question 18

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Question 19

Main question: Can an LGU lease public streets to tenants?

Answer 19

No, public streets are outside the commerce of men. Cannot be leased

Question 20

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Question 21

What are ordinances?

Answer 21

Question 22

What are the requisites of a valid ordinance?

Answer 22

Question 23

Answer 23

Important: Violation of ordinance can not exceed P1,000 or imprisonment of 6 months (cannot find legal basis cited)

Question 24

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Question 25

Answer 25

Question 25

How does the local legislative assembly override the veto by the local chief executive of an ordinance?

Answer 25

The local legislative assembly can override the veto of the local chief executive by two-thirds vote of all its members (RA 7160 sec 54(a) and 55(c)).

Question 25

On what grounds can a local chief executive veto an ordinance?

Answer 25

The local chief executive may veto an ordinance on the ground that it is ultra vires or prejudicial to the public welfare (RA 7160 Sec 55a)

Question 26

How can an ordinance vetored by a local chief executive become a law without it being overriden by the local legislative assembly?

Answer 26

Question 27

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Question 28

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Question 29

Ruling in Municipality of Corella v. Philskontrak regarding the authorization of the sanggunian before a Mayor may enter into a contract

Answer 29

Question 30

What is an appropriation under the LGC?

Answer 30

Question 31

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Question 32

Can the Vice Mayor succeed to the office of Mayor pursuant to the provisions of the LGC? Explain.

Answer 32

Question 33

Assuming that the Vice Mayor succeeds to the position of Mayor after the incumbent died, which position is now different from the one for which he has filed his certificate of candidacy, can he still continue to run as Vice Mayor? Explain.

Answer 33

Question 34

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Question 35

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Question 36

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Question 37

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Question 38

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Question 39

Under Sec. 40 of the LGC, name four persons who are disqualified from running for any elective position

Answer 39

Question 40

Discussion of LGU chief executive’s power to discipline subordinates in Gatchalian v. Urrutia

Answer 40

Question 41

Classes of PH citizens who may possess dual citizenship

Answer 41

Question 42

Effect of filing of certificate of candidacy on dual citizenship

Answer 42

Question 43

Conditions for dual citizens to hold public office (RA 9225)

Answer 43

Question 44

Are dual-citizens by birth required to take an oath of allegiance and renounce their foreign citizenship when filing a COC?

Answer 44

No.