Chapter 1 Local Governments Lina Jr.

vs Pano
o What the national legislature expressly allows by law, a provincial board may
Art. II, Sec 25: The State shall ensure the autonomy of local governments. not disallow by ordinance or resolution.
Art. X, Sec 2: The territorial and political subdivisions shall enjoy local autonomy. o The basic relationship between the national legislature and the local
government units has not been enfeebled by the new provisions in the
Local Government Constitution strengthening the policy of local autonomy. Without meaning to
- A political subdivision of a nation or state which is constituted by law and has detract from that policy, Congress retains control of the local government
substantial control of local affairs. units although in significantly reduced degree now than under our previous
- A "body politic and corporate"-- one endowed with powers as a political subdivision Constitutions. The power to create still includes the power to destroy. The
of the National Government and as a corporate entity representing the inhabitants of power to grant still includes the power to withhold or recall. True, there are
its territory. [LGC of 1991] some notable innovations in the Constitution, like the direct conferment on
the local government units of the power to tax (Sec. 5, Art. X), which cannot
Local government units now be withdrawn by mere statute. By and large, however, the national
- The provinces, cities, municipalities and barangays. They are also the territorial and legislature is still the principal of local government units, which cannot defy
political subdivisions of the state. its will or modify or violate it. Ours is still a unitary form of government, not a
federal state. Being so, any form of autonomy granted to local governments
A. Nature of Local Government Units will necessarily be limited and confined within the extent allowed by the
central authority.
MIAA vs CA o The ordinance passed by the Sangguniang Panlalawigan on banning the
o Supremacy of the national government over local governments in taxation. operations of lotto was held unconstitutional since the National Legislature
Local governments cannot invoke the power to tax on national government has enacted a statute which allows the operation of the same.
instrumentalities. The rule is that a tax is never presumed and there must be
clear language in the law imposing the tax. Magtajas vs. Pryce Properties
o In this case, the Supreme Court ruled that airports, lands and buildings of o Local councils exercise only delegated legislative powers conferred on them
MIAA are exempt from real estate tax for the following reasons: (a) MIAA is by Congress as the national lawmaking body. The delegate cannot be
not a government-owned or -controlled corporation but an instrumentality of superior to the principal or exercise powers higher than those of the latter.
the National Government; and (b) the real properties of MIAA are owned by o The ordinance prohibiting the issuance of a business permit to, and
the Republic of the Philippines, and thus, exempt from local taxation. cancelling any business permit of any establishment allowing its premises to
o LGC Sec. 133(o) Common Limitations on the Taxing Powers of Local be used as a casino, and the ordinance prohibiting the operation of a casino,
Government Units. Unless otherwise provided therein, the exercise of were declared invalid for being contrary to P.D. 1869 (Charter of PAGCOR)
taxing powers of provinces, cities, municipalities, and barangays shall not which has the character and force of a statute.
extend to the levy of the following:
(o) Taxes, fees or charges of any kind on the National Government, its Basco vs PAGCOR
agencies and instrumentalities, and local government units. o Doctrine of Supremacy - National Government over local governments.
LGUs are subject to control by Congress. It should be stressed that
City of Manila vs. IAC municipal corporations are mere creatures of Congress which has the
o LGU powers are twofold in character: power to create and abolish municipal corporations due to its general
B. Governmental Power - Public, governmental, political; exercised in legislative powers. Congress, has the power of control over Local
administering the powers of the state and promoting the public welfare governments. And if Congress can grant the City of Manila the power to tax
and they include the legislative, judicial, public and political. certain matters, it can also provide for exemptions or even take back the
C. Municipal Power - Corporate, private and proprietary; exercised for the power.
special benefit and advantage of the community and include those o The principle of local autonomy under the 1987 Constitution simply means
which are ministerial, private and corporate. decentralization; it does not make the local governments sovereign within
o City of Manila, who owns the North Cemetery in its proprietary or private the state or an imperium in imperio
character, is liable for the tortious act committed by its agents who failed to o Local government units have no power to tax instrumentalities of the
verify and check the duration of the contract of lease of the right to use a National Government, such as PAGCOR.
burial lot.
o The City of Manila is a political body corporate and as such endowed with Atienza vs. Villarosa
the faculties of municipal corporations to be exercised by and through its city o Intent of LGC on Separation of Powers to distribute powers among elective
government in conformity with law, and in its proper corporate name. It may officials so that the legislative, which is the Sanggunian, can properly check
sue and be sued, and contract and be contracted with.
 the executive, which is the Governor or Mayor and vice versa and exercise corporations because they are not created under the Corporation Code; they
their functions without any undue interference from one by the other. exist by virtue of PD 198, the special enabling charter which expressly
o LGC was enacted to implement the constitutional mandate to provide for a confers on LWDs corporate powers. COA, therefore, exercises audit
more responsive and accountable local government structure instituted jurisdiction over LWDs
through a system of decentralization with effective mechanism of recall,
initiative and referendum, allocate among the different local government B. Types of Local Government Units
units their powers, responsibilities, and resources, and provide for the
qualifications, election, appointment and removal, term, salaries, powers and Art X Sec 1: The territorial and political subdivisions of the Republic of the Philippines
functions and duties of local officials, and all matters relating to the are the provinces, cities, municipalities, and barangays. There shall be autonomous
organization and operation of the local units. regions in Muslim Mindanao and the Cordilleras as hereinafter provided.

MMDA vs. Bel-Air Village Types of Cities

o Police power is primarily lodged in the National Legislature; though it may be i) Highly Urbanized Independent Cities - 200,000 inhabitants, 50,000,000
delegated to local government units through their respective legislative annual income
bodies. ii) Component Cities - Cities which do not meet the preceding requirements are
o The Local Government Code of 1991 empowers the sangguniang deemed part of the province in which they are geographically located. If a
panlalawigan, sangguniang panlungsod and sangguniang bayan to "enact component city is located along the boundaries of two or more provinces, it
ordinances, approve resolutions and appropriate funds for the general shall be considered part of the province of which it used to be a municipality.
welfare of the [province, city or municipality, as the case may be], and its iii) Independent Component Cities - Cities of this type have charters that explicitly
inhabitants pursuant to Section 16 of the Code and in the proper exercise of prohibit their residents to vote for provincial officials.
the corporate powers of the [province, city municipality] provided under the
Code x x x."[22] The same Code gives the sangguniang barangay the power Disomangcop vs. Secretary of Public Works
to "enact ordinances as may be necessary to discharge the responsibilities o The ARMM Organic Acts or RA 6734 is deemed part of he regional
conferred upon it by law or ordinance and to promote the general welfare of autonomy scheme. These acts are more than ordinary statutes since they
the inhabitants thereon." need an affirmation by a plebiscite. Thus, amendatory laws should first
o Unlike the legislative bodies of local government units, there is no provision obtain the approval of the people of the ARMM before it could validly take
in R.A. 7924 that empowers the Metro Manila Development Authority effect.
(MMDA) or its Council to enact ordinances, approve resolutions and o ARMM provinces: Lanao del Sur, Maguindanao, Sulu and Tawi-Tawi
appropriate funds for the general welfare of the inhabitants of Metro Manila. o RA 8999 entitled An Act Establishing An Engineering District in the First
Thus, MMDA may not order the opening of Neptune St. in the Bel-Air District of the Province of Lanao del Sur and DPWHs Department Order
Subdivision to public traffic, as it does not possess delegated police power. 119 on the subject Creation of Marawi Sub-District Engineering Office were
held invalid since they contravened RA6734.
MMDA vs. Garin
o While Sec. 5(f), R.A. 7924, does not grant the MMDA the power to Umali vs. Comelec
confiscate and suspend or revoke drivers licenses without need of any other o In identifying the LGU or LGUs that should be allowed to take part in the
legislative enactment, the same law vests the MMDA with the duty to enforce plebiscite, what should primarily be determined is whether or not the unit or
existing traffic rules and regulations. Thus, where there is a traffic law or units that desire to participate will be directly affected by the change.
regulation validly enacted by the legislature or those agencies to whom o In the conversion of Cabanatuan City from a component city to a highly
legislative power has been delegated (the City of Manila, in this case), the urbanized city, the participation of the voters of the entire province of Nueva
MMDA is not precluded and in fact is duty-bound to confiscate and Ecija must included and not just the registered residents of Cabanatuan. The
suspend or revoke drivers licenses in the exercise of its mandate of conversion of the city will cause material change both in the political and
transport and traffic management, as well as the administration and economic rights of the city and the province as a whole.
implementation of all traffic enforcement operations, traffic engineering o The plebiscite requirement (Art X Sec 10) should equally apply to conversion
services and traffic education programs. as well
o Art X Sec 10 - No province, city, municipality, or barangay may be created,
Feliciano vs. COA divided, merged, abolished, or its boundary substantially altered, except in
o The Commission on Audit has audit jurisdiction over government- owned accordance with the criteria established in the local government code and
and controlled corporations with original charters, as well as government- subject to approval by a majority of the votes cast in a plebiscite in the
owned or controlled corporations without original charters. The nature or political units directly affected.
purpose of the corporation is not material in determining COAs audit
jurisdiction. Neither is the manner of creation of a corporation, whether under C. Creation of Local Government Units
a general or special law. Local Water Districts (LWDs) are not private
RA 7160 Sec 6. Authority to create. 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 the Local
Government Code

Province of North Cotabato vs. Govt of the Republic of the Philippines

o
Navarro vs. Ermita
o The creation of municipalities, component cities, and provinces, must comply
with the requirements on income, population, and land area as provided by
the LGC. But when the local government unit to be created consists of one
(1) or more islands, it is exempt from the land area requirement as expressly
provided in Section 442 and Section 450 of the LGC if the local government
unit to be created is a municipality or a component city, respectively
o The constitutionality of RA 9355, creating Dinagat Islands, was upheld even
though it failed to comply with LGC Sec 461 which requires at least 2,000 sq.
km. and a population of more than 250,000 inhabitants.

League of Cities of the Philippines vs. Comelec

o
Miranda vs. Aguirre
Municipality of Nueva Era vs. Municipality of Marcos,
Latas vs. Comelec
o The framers of the Constitution specifically included an exception to the
peoples freedom to choose those who will govern them in order to avoid the
evil of a single person a particular territorial jurisdiction as a result of
prolonged stay in the same office.