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LOCAL GOVERNMENT
Section 2. The territorial and political subdivisions shall enjoy local autonomy.
Section 2
A. Local autonomy
Local autonomy
Decentralization of power
Abdication
by
the
national
government of governmental powers.
Corporation
An artificial being created by operation of law, having the right
of succession and the powers, attributes, and properties
expressly authorized by law or incident to its existence.
Classification of corporations according to purpose:
1)
Public
2)
Private
3)
Quasi-public
P2.5 Million
P100 Million
P50 Million
P20 Million
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2.
Population
Determined
as the total number of
inhabitants within the territorial jurisdiction of
the LGU concerned.
Municipality
City
Highly-urbanized city
Province
25,000
150,000
200,000
250,000
Land area
Contiguous.
o Exceptions:
a. If it comprises 2 or more
islands; or
b. If separated by a LGU
independent
of the
others.
Requirements:
Municipality
City
Province
Abolition
2,000
3.
50km2
100 km2
2,000 km2
Province
Municipality
Barangay
o Intramural or extramural
o Mandatory or directory, ministerial or discretionary
Governmental Powers
1) General Welfare
Limitations:
1. Only within its territorial limits
a)
Exception: Protection of water
supply
2. Equal protection clause
3. Due process clause
4. Not contrary to the Constitution and laws.
2) Basic services and facilities
Devolution
o
The act by which the national government
confers power and authority upon the
various LGUs to perform specific functions
and responsibilities.
o
Includes transfer to LGUs of records,
equipment and other assets and personnel
of national agencies and offices.
o
Regional offices of national agencies shall
be phased out within 1 year from the
approval of this Code.
3)
Power to generate
1.
2.
3.
4.
5.
4)
1.
2.
3.
4.
5.
6.
7.
Necessity
Private property
Taking
in
the
constitutional sense
Public use
Just compensation
Due process of law
Exercised only by the
local chief executive,
acting pursuant to a
valid ordinance.
5)
8.
9.
Only after a
definite offer
made to,
accepted
owner.
valid and
had been
and not
by
the
Reclassification of lands
15%
10%
5%
But agricultural land
must be distributed
to
land
reform
beneficiaries
not
affected
by such
reclassification
6)
7)
1.
2.
3.
Corporate Powers:
1) To have continuous succession in its corporate name.
2) To sue and be sued.
3) To have and use a corporate seal.
4) To acquire and convey real and personal property.
5) To enter into contracts.
6)
Requisites:
1. LGU has the express, implied or inherent
power to enter into a particular contract.
2. Contract must comply with certain
substantive requirements.
3. Contract must comply with the formal
requirements of written contracts.
To exercise such powers as are granted to corporations
subject to limitations.
guidelines and limitations as the Congress may provide, consistent with the
basic policy of local autonomy. Such taxes, fees, and charges shall accrue
exclusively to the local governments.
A. Sources of Revenue
A. Term of Office
Involuntary Interruption/
Voluntary or Non-Interruption/
Breaks continuity
1.
When a permanent vacancy
occurs in an elective position and the
official merely assumed the position
pursuant to the rules on succession
under the LGC, then his service for
the unexpired portion of the term of
the replaced official cannot be treated
as one full term as contemplated
under the subject constitutional and
statutory provision that service
cannot be counted in the application
of any term limit (Borja, Jr.). If the
official runs again for the same
position he held prior to his
3.
When a candidate is proclaimed
as winner for an elective position and
assumes
office,
his
term
is
interrupted when he loses in an
election protest and is ousted from
office, thus disenabling him from
serving what would otherwise be the
unexpired portion of his term of office
had the protest been dismissed
(Lonzanida and Dizon). The break or
interruption need not be for a full term
of three years or for the major part of
the 3-year term; an interruption for
any length of time, provided the
cause is involuntary, is sufficient to
break the continuity of service
(Socrates, citing Lonzanida).
Section 11. The Congress may, by law, create special metropolitan political
subdivisions, subject to a plebiscite as set forth in Section 10 hereof. The
component cities and municipalities shall retain their basic autonomy and shall
be entitled to their own local executive and legislative assemblies. The
jurisdiction of the metropolitan authority that will thereby be created shall be
limited to basic services requiring coordination.
Section 12. Cities that are highly urbanized, as determined by law, and
component cities whose charters prohibit their voters from voting for
provincial elective officials, shall be independent of the province. The voters
of component cities within a province, whose charters contain no such
prohibition, shall not be deprived of their right to vote for elective provincial
officials.
Section 13. Local government units may group themselves, consolidate or
coordinate their efforts, services, and resources for purposes commonly
beneficial to them in accordance with law.
Section 14. The President shall provide for regional development councils
or other similar bodies composed of local government officials, regional
heads of departments and other government offices, and representatives
from non-governmental organizations within the regions for purposes of
administrative decentralization to strengthen the autonomy of the units
therein and to accelerate the economic and social growth and development
of the units in the region.
Section 15. There shall be created autonomous regions in Muslim
Mindanao and in the Cordilleras consisting of provinces, cities,
municipalities, and geographical areas sharing common and distinctive
historical and cultural heritage, economic and social structures, and other
relevant characteristics within the framework of this Constitution and the
national sovereignty as well as territorial integrity of the Republic of the
Philippines.
Section 17. All powers, functions, and responsibilities not granted by this
Constitution or by law to the autonomous regions shall be vested in the
National Government.
Section 18. The Congress shall enact an organic act for each autonomous
region with the assistance and participation of the regional consultative
commission composed of representatives appointed by the President from
a list of nominees from multi-sectoral bodies. The organic act shall define
the basic structure of government for the region consisting of the executive
department and legislative assembly, both of which shall be elective and
representative of the constituent political units. The organic acts shall
likewise provide for special courts with personal, family, and property law
jurisdiction consistent with the provisions of this Constitution and national
laws.
The creation of the autonomous region shall be effective when approved by
majority of the votes cast by the constituent units in a plebiscite called for
the purpose, provided that only provinces, cities, and geographic areas
voting favorably in such plebiscite shall be included in the autonomous
region.
Section 19. The first Congress elected under this Constitution shall, within
eighteen months from the time of organization of both Houses, pass the
organic acts for the autonomous regions in Muslim Mindanao and the
Cordilleras.
Section 20. Within its territorial jurisdiction and subject to the provisions of this
Constitution and national laws, the organic act of autonomous regions shall
provide for legislative powers over:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
Administrative organization;
Creation of sources of revenues;
Ancestral domain and natural resources;
Personal, family, and property relations;
Regional urban and rural planning development;
Economic, social, and tourism development;
Educational policies;
Preservation and development of the cultural heritage; and
Such other matters as may be authorized by law for the promotion
of the general welfare of the people of the region.
A. Organic Act
Section 21. The preservation of peace and order within the regions shall
be the responsibility of the local police agencies which shall be organized,
maintained, supervised, and utilized in accordance with applicable laws.
The defense and security of the regions shall be the responsibility of the
National Government.
(5)
(6)
(7)
ARTICLE XI
ACCOUNTABILITY OF PUBLIC OFFICERS
(8)
Section 1. Public office is a public trust. Public officers and employees must,
at all times, be accountable to the people, serve them with utmost
responsibility, integrity, loyalty, and efficiency; act with patriotism and justice,
and lead modest lives.
Section 2. The President, the Vice-President, the Members of the Supreme
Court, the Members of the Constitutional Commissions, and the Ombudsman
may be removed from office on impeachment for, and conviction of, culpable
violation of the Constitution, treason, bribery, graft and corruption, other high
crimes, or betrayal of public trust. All other public officers and employees may
be removed from office as provided by law, but not by impeachment.
Section 3.
(1)
(2)
(3)
(4)
A. Impeachment
Impeachment
on
impeachment to
3.
4.
B.
C.
D.
3.
Composition:
1. Ombudsman as Tanodbayan;
2. 1 overall Deputy,
3. At least 1 Deputy each for Luzon, Visayas and
Mindanao;
4. A separate deputy for the military establishment may
likewise be appointed.
Appointment:
A. Sandiganbayan
Sandiganbayan
Associate
Constitutional
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A. Power to investigate
Section 13. The Office of the Ombudsman shall have the following powers,
functions, and duties:
(1)
(2)
(4)
(5)
(6)
(7)
(8)
any act or duty required by law, or to stop, prevent, and correct any
abuse or impropriety in the performance of duties.
Direct the officer concerned to take appropriate action against a
public official or employee at fault, and recommend his removal,
suspension, demotion, fine, censure, or prosecution, and ensure
compliance therewith.
Direct the officer concerned, in any appropriate case, and subject to
such limitations as may be provided by law, to furnish it with copies
of documents relating to contracts or transactions entered into by
his office involving the disbursement or use of public funds or
properties, and report any irregularity to the Commission on Audit
for appropriate action.
Request any government agency for assistance and information
necessary in the discharge of its responsibilities, and to examine, if
necessary, pertinent records and documents.
Publicize matters covered by its investigation when circumstances
so warrant and with due prudence.
Determine the causes of inefficiency, red tape, mismanagement,
fraud, and corruption in the Government and make
recommendations for their elimination and the observance of high
standards of ethics and efficiency.
Promulgate its rules of procedure and exercise such other powers
or perform such functions or duties as may be provided by law.
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