Poli_ II. Consti - Public Corp & Local Governments

Question 1

PubCorp & Local Governments

Distinguish Public corporation vs Private corporation.

Answer 1

PubCorp is one created by State through a General or Special Law for the purpose of RENDERING PUBLIC SERVIICE or Administration of LGU.

By a General Law, Private corp are formed for Private purposes

Question 2

PubCorp & Local Governments

What is the test used to distinguish between public and private corporations?

Answer 2

Totality of RELATIONSHIP between the Corporation and the State

If its created to HELP the State to CARRY OUT its Government Functions, it is Public, otherwise its Private

Question 3

PubCorp & Local Governments

What are the kinds of Public corporations? Explain each
a. GOCC - economically viable
b. GCE
c. QC
d. MC

Answer 3

GOCC may be Stock or NonStock;
performing Governmental Functions or Proprietary functions;
Chartered by General Law or Special Law; owned by Govt wholly or partially; eg. PNOC

Govt Corporate Entity - aka Government Instrumentalities which EXCERCISES CORPORATE POWERS but not organized as Stock or Non Stock; eg. BSP

Quasi-Corporation - are public bodies EXERCISING CORPORATE POWERS but not organized as a Corporation; eg. GCE or LGU

Municipal Corporation - created MAINLY to REGULATE or ADMINISTER the LOCAL affairs of City or Town; kind of a public corporation

Question 4

PubCorp & Local Governments

What is a quasi Public corporation?

What is a corporation by prescription?

Answer 4

C by Pres - Municipal Corp may exist as such when it is shown that the community has EXERCISED CORPORATE FUNCTIONS with implied consent from Government

Question 5

Local Governments ( Art X of Constitution & RA 7160)

Discuss the 4 Principles of Local AUTONOMY

Answer 5

1. Political Subdivisions shall Enjoy LOCAL Autonomy -

2.
Autonomy is EITHER
Decentralization of administration(LGU) involves delegating authority and responsibility from the central government to lower-level government units, while decentralization of power (ARMM, CAR) transfers actual political authority to local governments, allowing them to make independent decisions.

3.
There is never an intention to create an “ imperium in imperio”, or an INTRA-Sovereign State

4.
Regional Autonomy
- grant of SOME BASIC Governmental powers to the region with LEAST Control & Supervision from Central Government

Question 6

Local Governments ( Art X of Constitution & RA 7160)

Decentralization of Administration vs Decentralization of Power

What is decentralization?

Answer 6

Decentralization - is the TRANSFER of Authority and Responsibility from the Central government to lower level units

Question 7

Local Governments ( Art X of Constitution & RA 7160)

Distinguish Local autonomy vs Regional autonomy

Answer 7

Feature | Local Autonomy | Regional Autonomy |
|—|—|—|
| Scope | Provinces, cities, municipalities, barangays | Specific geographic regions |
| Basis | General devolution of powers | Cultural, historical, or ethnic identity |
| Authority | More limited compared to regional autonomy | Broader scope of powers and functions |
| Laws | Local Government Code | Organic laws specific to the region |

Local autonomy refers to the self-governing power granted to political subdivisions such as provinces, cities, municipalities, and barangays. It is enshrined in the Philippine Constitution and operationalized through the Local Government Code (LGC) of 1991.

Key features of local autonomy:

• Devolution of powers: The central government delegates powers, functions, and responsibilities to local government units (LGUs).
• Fiscal autonomy: LGUs have the power to generate and utilize their own revenues.
• Political autonomy: LGUs have the authority to elect their own officials and conduct local affairs.
• Administrative autonomy: LGUs have the flexibility to implement programs and projects based on local needs and priorities.

Regional autonomy is a higher level of self-governance granted to specific geographic regions within a country. In the Philippines, it is embodied in the creation of autonomous regions like the Autonomous Region in Muslim Mindanao (ARMM) and the Cordillera Administrative Region (CAR).

Key features of regional autonomy:

• Wider scope: Regional autonomy covers a larger geographic area and encompasses more powers than local autonomy.
• Cultural and historical basis: Often granted to regions with distinct cultural, historical, or ethnic identities.
• Shared authority: The national government and the autonomous region share powers and responsibilities.
• Special laws: Autonomous regions have their own organic laws that define their powers and functions.

In essence, local autonomy is a decentralized system of governance that empowers LGUs to manage their affairs, while regional autonomy is a higher level of self-governance granted to specific regions with distinct characteristics.

Question 8

Local Governments ( Art X of Constitution & RA 7160)

What is Fiscal autonomy? Basis?

Answer 8

The power to CREATE OWN SOURCES of revenue & ALLOCATE these resources according to their own priorities

Question 9

Local Governments ( Art X of Constitution & RA 7160)

Discuss the principle of “Just share” found in Sec 6 Article X Constitution.

Answer 9

The principle of just share guarantees that local government units RECEIVE A PORTION of national tax revenues, enabling them to fund essential services and promote development within their jurisdictions.

Question 10

Local Governments ( Art X of Constitution & RA 7160)

Discuss the principle of “Equitable share”.

Answer 10

refers to the UTILIZATION OF NATURAL RESOURCES in the Teritorial juridiction of LGU - entitles LGU with equitable share under LGC

Question 11

Local Governments ( Art X of Constitution & RA 7160)

Discuss the concept of General Supervision found in Sec4 Art X Constitution.

Answer 11

Consistent with local autonomy, the President shall exercise GENERAL SUPERVISION over LGU to ENSURE that their acts are WITHIN the Scope their PRESCRIBED powers

Question 12

Local Governments ( Art X of Constitution & RA 7160)

Recall vs Local initiative vs Local Referendum

Answer 12

mode of removal of a Local Elective official BY THE PEOPLE before end of his term

Li is a legal process whereby the registered voters of a LGU may DIRECTLY PROPOSE, ENACT or AMEND any ORDINANCE

LR - legal process whereby registered voters of LGU may APPROVE or REJECT any Ordinance

Question 13

Formation, Modification, and Dissolution of Local Governments

What are the kinds of LGU? Discuss.
1. P - cluster of municip
2. C - CC, IC, HUC - urbanized developed baranggays
3. M - group of baranggays
4. B - basic political unit
5. AR
6. SMPS

Question 14

Formation, Modification, and Dissolution of Local Governments

Administrative regions (admin bodies) vs Autonomous Regions (*political bodies)

Answer 14

Admin Reg consist of contiguous provinces while AutoReg provinces SHARE COMMON Heritage and History

Question 15

Formation, Modification, and Dissolution of Local Governments

LGU vs. Legislative districts

Answer 15

created for administration vs created for Representation

Headed by Local chief Executive vs. Not a Chief Executive

Question 16

Formation, Modification, and Dissolution of Local Governments

Discuss MMDA

Answer 16

COORDINATION of Basic Services for development planning; Transport and Traffic
- not an LGU

Question 17

Formation, Modification, and Dissolution of Local Governments

What are the criteria for the creation, merger, & dissolution of LGUs

Discuss the policy consideration for these criteria.

Answer 17

income
population
Land area

Economic viability
Efficient administration

Question 18

What are the powers possessed by a Municipal corporation? aka Dillons rule or limited powers

Answer 18

1st - powers granted EXPRESSLY

2nd - necesarily IMPLIED

3rd - absolutely ESSENTIAL to the declared OBJECTIVES

4TH - in case of doubt , resolve AGAINST the EXISTENCE OF POWER

Question 19

Powers of Local governments

What are the State powers delegated to the LGUs? discuss
a. GWC
b. ED
c. Taxation
d. Local legislation
e. Corporate powers

Answer 19

GWC - LGU shall exercise those Expressly granted, implied or necessary FOR THE PROMOTION OF the GENERAL WELFARE.
- ordinance enacted by virtue of GWC is valid unless it contravenes….

Question 20

Powers of Local governments

Eminent Domain - Immediate entry

Distinguish section 19 LGC vs Rule 67 rules of court

Answer 20

LGU may through an ordinance exercise the power of ED for public purpose or welfare AFTER rejection of Offer & payment of JC

LGC - entry after deposit of 15% of FMV to proper Court based on Current Tax Declaration

ROC - entry upon deposit with authorized government depositary

Question 21

Powers of Local governments

What are the corporate powers delegated to the LGUS? discuss.

Answer 21

1. continuous succession
2. to sue and be sued
3. acquire and convey property - real or personal

• only the Fiscal or municipal atty should Represent the LGUs

Property - if owned in its governmental capacity, its public and Congress has Absolute Control;

if owned in proprietary capacity, it is patrimonial,

Question 22

Liability of LGUs & Disputes between LGUs

State General principles p129

Answer 22

Liable for Damages suffered by any person by REASON of Public Works UNDER THEIR CONTROL or SUPERVISION

Question 23

Liability of LGUs & Disputes between LGUs

Answer 23

amicable Settlement - the Rule

Refer to Sanggunian above the LGU

in case of Failure to Settle Boundary Dispute, Sanggunian shall issue CERTIFICATION to that effect. Then Formal Proceedings by Sanggunian commence 60 days to decide

Appeal - to RTC

Question 24

Local Officials

Disqualifications

Answer 24

• final judgment involving Moral Turpitude
• removed due to Administrative case
• final judgment involving Oath of Allegiance
• dual citizenship
• Fugitives inside or outside

Question 25

Local Officials

Succession rules

Answer 25

A.
Temporary vacancy
- GR: vice- Mayor or highest Member of Sanggunian shall assume power & perform duties
- Exc: local chief executive travelling Within Country for Not More than 3 days&raquo_space; OIC can be anyone

B.
Permanent vacancy arises when
- fills a higher office
- refuses to assume
- fails to qualify
- dies, resigns, incapacitated

Question 26

Local Officials

Discipline

Answer 26

National Authority may impose disciplinary action against local officials

Question 27

Recall

Definition
Limitation
Procedure

Answer 27

mode of removal of an public official (including Local Treasurer)

Limit: 1 & 1&raquo_space; once during term & Not available within 1 year from assumption

Procedure: File Petition before Comelec with Signatures

Question 28

Three term limit Rule

Requirements
Effects

Answer 28

Except for Baranggay officials, term shall be 3 years and shall not serve for more than 3 consecutive terms. Voluntary renunciation is not an interruption of the 3 year term.