Tips: Chart: Population requirements, land, income MCQ: Boundary disputes (Sec. 118) 1.

2 or more barangays city, barangay council 2. 2 or more municipalities provincial council 3. municipalities or cities provincial council{s) 4. city or municipality and HUC, OR 2 or more HUCs respective councils [Kananga v. Madrona]: ICC and HUC not provided for RTC

De jure and de facto govts No collateral attack shall lie; an inquiry into the legal existence of a municipal corporation is reserved to the State in a proceeding for quo warranto or other direct proceeding. [San Narciso v. Mendez]: The requisites for a de facto corporation are: [L-G-C-A] 1. valid law authorizing incorporation 2. attempt in good faith to organize under it 3. colorable compliance with the law 4. assumption of corporate powers

Masikip doctrine Purpose must be public. Such public use must be of a genuine necessity of a public character and must precede or accompany and not follow, the taking of land. Necessity does not mean an absolute but only a reasonable or practical necessity.

Just compensation and eminent domain The requirements for a valid exercise of eminent domain are: 1. ordinance containing: a. land sought to be expropriated b. public purpose for expropriation (number of people to be benefited not essential) c. authority for LCE to negotiate, and enter into contract, or d. authority for LCE to expropriate, upon failure of negotiations e. designation of funds to be used for expropriation f. availability of funds, as certified by the treasurer 2. purpose must be public 3. written, valid and definite offer that is refused by the property owner 4. just compensation (price fixed by Board of Commissioners) a. b. 15% of FMV based on tax declaration FMV at time of taking

Purpose must be public. Such public use must be of a genuine necessity of a public character and must precede or accompany and not follow, the taking of land.

Necessity does not mean an absolute but only a reasonable or practical necessity. Just compensation is to be given as FMV or zonal value based on tax assessments, to be finalized by the Court through a Board of Commissioners.

General supervision v. control The President exercises general supervision, not control, over LGUs. Control includes the authority to order an act be undone or re-done by subordinates, or even to do the thing himself. Supervision includes no such authority, merely ensuring that rules are followed and ordering compliance thereof if acts do not conform to the rules. It does not allow for the supervisor to prescribe rules, or to substitute his own judgment for the rules.

Creation/amendment of LGU plebiscite requirement for CDMAA 1. within 120 days of law or ordinance effecting such, unless otherwise fixed therein 2. majority of votes cast in plebiscite called for that purpose

Selection and transfer of seat of government Factors for consideration: 1. geographical centrality 2. accessibility 3. availability of transportation and communication facilities 4. drainage and sanitation 5. development and economic progress 6. other relevant considerations 1. 2. 3. significant change in conditions and development warranting transfer public hearing 2/3 vote of members

Lucban case, Villavicencio Naming of public buildings -in consultation with the Philippine Historical Commission + unanimous vote of sanggunian 1. LGUs** 2. Roads, avenues, boulevards, thoroughfares and bridges 3. Public elementary, secondary and tech-voc schools, community and non-chartered colleges* 4. Hospitals, health centers and other health facilities* 5. Any other public place or building owned by the LGU *School, health boards recommendation needed **ratification in a plebiscite; sanggunian recommendation needed Restrictions: 1. no living persons 2. justifiable reason 3. not more than once every 10 years

must notify: 1. OP 2. Legislative representative 3. Bureau of Posts IRA 40% to LGUs umanageable public sector deficit to reduce to 30%, President upon 1) recommendation of Finance, DILG and DBM Secs. and 2) consultations with both Houses presiding officers and Liga presidents IRA allotment* of 40% of NIR taxes 23% 23% 34% 20% Present number 80 143 1,491 42,028

Provinces Cities Municipalities Barangays

*20% to development projects

offic ials

Barangay 1. punong barangay 2. 7 sanggunian g members 3. SK chairman 4. Secretary 5. Treasurer

Municipality 1. Mayor 2. Vice mayor 3. sangguniang members 4. Treasurer 5. Assessor 6. Accountant 7. Budget officer 8. Planning and devt coordinator 9. Engineer/building official 10. Health officer 11. Civil registrar Mayor may appoint: 12. Administrator 13. Legal officer 14. Agriculturist 15. Environment and natural resources officer 16. Social welfare and devt officer 17. Architect 18. Information officer

City Mayor Vice mayor sangguniang members 4. sanggunian secretary 5. Treasurer 6. Assessor 7. Accountant 8. Budget officer 9. Planning and devt coordinator 10. Engineer/building official 11. Health officer 12. Civil registrar 13. Administrator 14. Legal officer 15. Veterinarian 16. Social welfare and devt officer 17. General services officer Mayor may appoint: 18. Architect 19. Information officer 20. Agriculturist 21. Population 22. Environment and natural resources officer 23. Cooperatives officer 1. 2. 3.

Province 1. Mayor 2. Vice mayor 3. sanggunian g members 4. sanggunian secretary 5. Treasurer 6. Assessor 7. Accountant 8. Budget officer 9. Planning and devt coordinator 10. Engineer/bu ilding official 11. Health officer 12. Civil registrar 13. Administrat or 14. Legal officer 15. Veterinaria n 16. Social welfare and devt officer 17. General services officer Mayor may appoint: 18. Architect 19. Information

San ggu nian com posi tion

1. 2.

3.

punong barangay 7 sanggunian g members SK chairman

1. 2. 3. 4. 5.

vice mayor sanggunian members barangay liga president SK federation president Sectoral representatives a. Women b. Agri or industrial workers c. Other sectors, i.e urban poor, indigenous , disabled

1. 2. 3. 4. 5.

vice mayor sanggunian members barangay liga president SK federation president Sectoral representatives a. Women b. Agri or industrial workers c. Other sectors, i.e urban poor, indigenous , disabled

officer 20. Agriculturist 21. Population 22. Environmen t and natural resources officer 23. Cooperative s officer 6. vice mayor 7. sanggunian members 8. barangay liga president 9. SK federation president 10. Component city and municipaliti es liga president 11. Sectoral representati ves a. Wo me n b. Agr i or ind ust rial wo rke rs Other sectors, i.e urban poor, indigenous, disabled

Oversight committee: 1. Executive Secretary 2. 3 Senate members, including Local Government Committee Chair 3. 3 House members, including Local Government Committee Chair 4. Cabinet a. DBM b. DILG c. DOF 5. Liga representatives

Sec. 29: HUC and ICC independent of province

Class 1 nd 2 rd 3 th 4 th 5 th 6 Close RAPS (road, alley park, square)

Cities and provinces (average annual income) >30 20-30 15-20 10-15 5-10 <5

Municipalities (average annual income) >15 10-15 5-10 3-5 1-3 <1

-freedom park needs relocation for permanent closure Permanent closure 1. public hearings 2. notice of hearings a. in conspicuous places within LGU b. and within vicinity of street or park to be closed c. for 3 consecutive weeks 3. 2/3 vote of sanggunian Temporary closure 1. actual emergency or fiesta celebrations, (not exceeding 9 days) 2. public rallies, 3. agricultural or industrial fairs, (necessary and reasonable period) 4. or undertaking of public works and highways, telecommunications, and waterworks projects (as may be necessary) simple majority those present [LGC does not mention required vote, but for ordinary business transaction] qualified majority all members [authorizing payment, assumption of liability] 1. selection and transfer of seat, public offices and facilities 2. closure and opening of roads 3. quorum 4. concurrence to dept head appointments 5. overriding of veto 6. authority to LCE to a. enter into contract of loans b. lease of public buildings 7. flotation of bonds 8. tax exemption 9. granting of franchise