QUAMTO because of loss in an election protest he is not

disqualified (Lonzanida v. COMELEC, G.R. No.

Q: Under the Constitution, what are the three 135150, July 28, 1999).
main sources of revenues of local government
units? (1999 Bar) Q: Under the Constitution, what
are the three main sources of revenues of local Q: From an existing province, Wideland, Congress
government units? (1999 Bar) created a new province, Hundred Isles, consisting
of several islands, with an aggregate area of 500
A: The following are the main sources of revenues square kilometres. The law creating Hundred Isles
of local government units under the constitution: was duly approved in a plebiscite called for that
purpose. Juan, a taxpayer and a resident of
a. Taxes, fees, and charges. (Section 5, Article X) Wideland, assailed the creation of Hundred Isles
b. Share in the national taxes. (Section 6, Article claiming that it did not comply with the area
X) requirement as set out in the Local Government
c. Share in the proceeds of the utilizations and Code, i.e., an area of at least 2,000 square
development of the national wealth within their kilometres. The proponents justified the creation,
areas. (Section 7, Article X) however, pointing out that the Rules and
Regulations Implementing the Local Government
Code states that “the land area requirement shall
Q: Sec. 8, Article X of the 1987 Constitution not apply where the proposed province is
provides that no elective official shall serve for composed of one (1) or more islands.”
more than three (3) consecutive terms. Rule and Accordingly, since the new province consists of
explain briefly the reason if the official is several islands, the area requirement need not be
prohibited to run for another term in each of the satisfied. How tenable is the position of the
following situations: (a) if the official is a Vice- proponents? (2014 Bar)
Mayor who assumed the position of Mayor for the
unexpired term under the Local Government A: In exempting provinces composed of one or
Code; (b) if the official has served for three more islands from both the contiguity and land
consecutive terms and did not seek a 4th term area requirements, Article 9 of the IRR cannot be
but who won in a recall election; (c) if the position considered inconsistent with the criteria under
of Mayor of a town is abolished due to conversion Section 461 of the Local Government Code. Far
of the town to a city; (d) if the official is from being absolute regarding application of the
preventively suspended during his term but was requirement of a contiguous territory of at least
exonerated; and (e) if the official is proclaimed as 2,000 square kilometers as certified by the Land
winner and assumes office but loses in an Management Bureau, Section 461 allows for said
election protest. (2016 Bar) exemption by providing, under paragraph (b)
thereof, that the territory need not be contiguous
A: if (the new province) comprises two or more
(a) He is not prohibited. In computing the islands or is separated by a chartered city or
threeterm limit, only the term for which the local cities which do not contribute to the income of
official was elected should be considered. The the province. For as long as there is compliance
second sentence of Section 8, Article X, of the with the income requirement, the legislative
Constitution states that the voluntary intent is, after all, to the effect that the land area
renunciation shall not be considered as and population requirements may be overridden
interruption of the continuity of the service for by the established economic viability of the
the full term for which he was elected (Borja v. proposed province.
Commission on Elections, G.R. No. 133495,
September 3, 1998)
Q: A law converted the component city of
(b) A mayor who served three consecutive terms Malumanay, Laguna into a highly urbanized city.
and did not seek a fourth term but ran and won in The Local Government Code (LGC) provides that
the recall election can serve, because the recall the conversion "shall take effect only after it is
election was not an immediate reelection approved by the majority of votes cast in a
(Socrates v. Commission on Elections, G.R. Nos. plebiscite to be held in the political units directly
154512, 154683, 155083-84) affected." Before the COMELEC, Mayor Xenon of
Malumanay City insists that only the registered
(c) If a municipality in which a mayor served voters of the city should vote in the plebiscite
three consecutive terms was converted to a city, because the city is the only political unit directly
he cannot run as city mayor in the first election. affected by the conversion. Governor Yuri asserts
For purposes of applying the three-term limit, the that all the registered voters of the entire
office of the municipal mayor should not be province of Laguna should participate in the
considered as different from that of the city plebiscite, because when the LGC speaks of the
mayor (Latasa v. Commission on Elections, G.R. "qualified voters therein," it means all the voters
No. 154829, December 10, 2003) of all the political units affected by such
conversion, and that includes all the voters of the
(d) The temporary inability of an elective official entire province. He argues that the income,
to exercise his functions due to preventive population and area of Laguna will be reduced.
suspension is not an interruption of his term, Who, between Mayor Xenon and Governor Yuri, is
because it did not involve loss of title to the office correct? Explain your answer (2016 Bar)
(Aldovino Jr. v. Commission on Elections, G.R. No.
184836, December 23, 2009) A: Governor Yuri is correct. All the registered
voters of the Province of Laguna should be
(e) If a candidate was proclaimed for three included in the plebiscite. The conversion of the
consecutive terms but did not serve in full City of Malumanay into a highly urbanized city
will adversely affect the Province of Laguna and
its residents. The territory of the Province of Q: The Sangguniang Panlungsod of Pasay City
Laguna will be reduced. Its share in the internal passed an ordinance requiring all disco pub
revenue allotment will be reduced, because the owners to have all their hospitality girls tested for
population and land area are included as basis for the AIDS virus. Both disco pub owners and the
determining its share. Once the City of hospitality girls assailed the validity of the
Malumanay becomes a highly urbanized city, the ordinance for being violative of their
Province of Laguna will no longer share in the constitutional rights to privacy and to freely
taxes collected by the City of Malumanay. The choose a calling or business. Is the ordinance
City of Malumanay will be under the supervision valid? Explain. (2010 Bar)
of the President instead of the Province of
Laguna. Decisions of the City of Malumanay in A: The ordinance is a valid exercise of police
administrative cases involving barangay officials power. The right to privacy yields to certain
will no longer be appealable to the Sangguniang paramount rights of the public and defers to the
Panlalawigan. The registered voters of the City of exercise of police power. The ordinance is not
Malumanay will no longer be entitled to vote for prohibiting the disco pub owners and the
provincial officials. To limit the plebiscite to the hospitality girls from pursuing their calling or
voters of City of Malumanay would nullify the business but is merely regulating it (Social Justice
principle of majority rule (Umali v. Commission on Society v. Dangerous Drugs Board, 570 SCRA 410
Elections, G.R. No. 203974, April 22, 2014). [2008]) The ordinanceis a valid exercise of police
power, because its purpose is to safeguard public
health (Beltran vs.Secretary of Health, 476 SCRA
Q: 168 [2005])
a. Can a Barangay Assembly exercise any police
power? b. Can the Liga ng mga Barangay
exercise legislative powers? (2003 Bar) Q: ABC operates an industrial waste processing
plant within Laoag City. Occasionally, whenever
A: fluid substances are released through a nearby
a. No, the Barangay Assembly cannot exercise creek, obnoxious odor is emitted causing
any police power. Under Section 398 of the Local dizziness among residents in Barangay La Paz. On
Government Code, it can only recommend to the complaint of the Punong Barangay, the City
Sangguniang Barangay the adoption of measures Mayor II wrote ABC demanding that it abate the
for the welfare of the barangay and decide on the nuisance. This was ignored. An invitation to
adoption of an initiative. attend a hearing called by the Sangguniang
Panlungsod was also declined by the president of
b. The Liga ng Mga Barangay cannot exercise ABC. The city government thereupon issued a
legislative powers. As stated in Bito-Onon v. cease and desist order to stop the operations of
Fernandez. 350 SCRA 732 [2001], it is not a local the plant, prompting ABC to file a petition for
government unit and its primary purpose is to injunction before the Regional Trial. Court,
determine representation of the liga in the arguing that the city government did not have
sanggunians; to ventilate, articulate, and any power to abate the alleged nuisance. Decide
crystallize issues affecting barangay government with reasons. (2010 Bar)
administration; and to secure solutions for them
through proper and legal means. A: The city government has no power to stop tile
operations of the plant. Since its operations is not
anuisance per se, the city government cannot
Q: The City of San Rafael passed an ordinance abate it extra judicially. A suit must be filed in
authorizing the City Mayor, assisted by the police, court (ACEnterprises, Inc. v. Frabelle Properties
to remove all advertising signs displayed or Corporation, 506 SCRA 625 [2006])
exposed to public view in the main city street, for
being offensive to sight or otherwise a nuisance.
AM, whose advertising agency owns and rents Q: The Sangguniang Bayan of the Municipality of
out many of the billboards ordered removed by Santa, Ilocos Sur passed Resolution No. 1
the City Mayor, claims that the City should pay authorizing its Mayor to initiate a petition for the
for the destroyed billboards at their current expropriation of a lot owned by Christina as site
market value since the City has appropriated for its municipal sports center. This was approved
them for the public purpose of city beautification. by the Mayor. However, the Sangguniang
The Mayor refuses to pay, so AM is suing the City Panlalawigan of Ilocos Sur disapproved the
and the Mayor for damages arising from the Resolution as there might still be other available
taking of his properly without due process nor lots in Santa for a sports center. Nonetheless, the
just compensation. Will AM’s suit prosper? Municipality of Santa, through its Mayor, filed a
Reason briefly. (2004 Bar) complaint for eminent domain. Christina opposed
this on the following grounds: (a) the Municipality
A: The suit of AM will not prosper. The removal of of Santa has no power to expropriate: (b)
the billboards is not an exercise of the power Resolution No. 1 has been voided since the
ofeminent domain but of police power (Churchill Sangguniang Panlalawigan disapproved it for
v. Rafferty, 32 Phil. 580 11915D). The abatement being arbitrary; and (c) the Municipality of Santa
of a nuisance in the exercise of police power does has other and better lots for that purpose.
not constitute taking of property and does not Resolve the case with reasons. (2005 Bar)
entitle the owner of the property involved to
compensation (Association of Small Landowners A:
in the Philippines, Inc. v. Secretary of Agrarian (a) The Municipality of Santa has the power to
Reform, 175 SCRA 343 [1989]). expropriate. Section 19 of the Local Government
Code grants all local government units the power
of eminent domain. However, Section 19 of the b. On what grounds can a local chief executive
Local Government Code requires an ordinance, veto an ordinance?
not a resolution, for the exercise of the power of c. How can an ordinance vetoed by a local chief
eminentdomain [Heirs of Alberto Suguitan v. City executive become a law without it being
ofMandaluyong, 328 SCRA 137 (2000)]. overridden by the local legislative assembly?
(1996 Bar)
(b) The disapproval of Resolution No. 1 by the
Sangguniang Panlalawigan of Ilocos Sur on the A:
ground that there may be other lots available in a. Under Sections 54 (a) and 55 (c) of the Local
Santa is not a valid ground, because it can Government Code, the local legislative assembly
disapprove Resolution No. 1 solely on the ground can override the veto of the local chief executive
that it is beyond the power of the Sangguniang by two-thirds vote of all its members.
Bayan of Santa [Modayv. Court of Appeals, 268
SCRA 586 (1997)] b. Under Section 55[a] of the Local Government
Code, the local chief executive may veto an
(c) If there are other lots that are better and more ordinance on the ground that it is ULTRA VIRES or
appropriate for the municipal sports center, the PREJUDICIAL TO THE PUBLIC WELFARE.
lot owned by Christina should not be
expropriated. Its choice is arbitrary [Municipality c. Pursuant to Section 54(b) of the Local
ofMeycauayan v. IAC, 157 SCRA 640 (1988)] Government Code, an ordinance vetoed by the
local chief executive shall be deemed approved if
he does not communicate his veto to the local
Q: The Municipality of Bulalakaw, Leyte, passed legislative assembly within 15 days in the case of
Ordinance No. 1234, authorizing the a province and 10 days in the case of a city or a
expropriation of two parcels of land situated in municipality. Likewise, if the veto by the local
the poblacion as the site of a freedom park, and executive has been overridden by the local
appropriating the funds needed therefor. Upon legislative assembly, a second veto will be void.
review, the Sangguniang Panlalawigan of Leyte Under Section 55(c) of the Local Government
disapproved the ordinance because the Code, the local chief executive may veto an
municipality has an existing freedom park which, ordinance only once.
though smaller in size, is still suitable for the
purpose, and to pursue expropriation would be
needless expenditure of the people’s money. Is Q: Jose Y. Sabater is a real estate developer. He
the disapproval of the ordinance correct? Explain acquires raw lands and converts them into
your answer. (2009 Bar) subdivisions. After acquiring a lot of around 15
hectares in Cabanatuan City, he caused the
A: The disapproval of the ordinance is not correct. preparation of a subdivision plan for the property.
Under Section 56(c) (Local Government Code), Before he was able to submit the subdivision plan
theSangguniang Panlalawigan of Leyte can to the Bureau of Lands and/or Land Registration
declare the ordinance invalid only if it is beyond Commission for verification and/or approval, he
the power of the Sangguniang Bayan of was informed that he must first present the plan
Bulalakaw. In the instant case, the ordinance is to the City Engineer who would determine
well within the power of the Sangguniang Bayan. whether the zoning ordinance of the Cabanatuan
The disapproval of the ordinance by the City had been observed. He was surprised when
Sangguniang Panlalawigan of Leyte was outside he was asked to pay the city government a
its authority having been done on a matter service fee of P0.30 per square meter of land,
pertaining to the wisdom of the ordinance which covered by his subdivision plan. He was even
pertains to the Sangguniang Bayan [Moday v. more surprised when informed that a fine of
Court of Appeals, 268 SCRA 586 [1997]) P200.00 and/or imprisonment for not exceeding
six months or both, have been fixed in the
ordinance as penalty for violation thereof.
Q: An aggrieved resident of the City of Manila Believing that the city ordinance is illegal, he filed
filed mandamus proceedings against the city suit to nullify the same. Decide the case with
mayor and the city engineer to compel these reasons. (1998 Bar)
officials to remove the market stalls from certain
city streets which they had designated as flea A: The ordinance is null and void. In Villacorta v.
markets. Portions of the said city streets were Bernardo, 143 SCRA 480 (1986), the Supreme
leased or licensed by the respondent officials to Court held that a municipal ordinance cannot
market stallholders by virtue of a city ordinance. amend a national law in the guise of
Decide the dispute. (2003 Bar) implementing it. In this case, the requirement
actually conflicts with sec. 44 of Act No. 496
A: The petition should be granted. In accordance because the latter does not require subdivision
with Macasiano v. Diokno. 212 SCRA 464 (1992), plans to be submitted to the City Engineer before
since public streets are properties for public use they can be submitted for approval to, and
and are outside the commerce of man, the City verification by, the Land Registration Commission
Mayor and the City Engineer cannot lease or and/or the Bureau of Lands.
license portions of the city streets to market
stallholders.
Q: The Municipality of Bulalakaw, Leyte, passed
Ordinance No. 1234, authorizing the
Q: expropriation of two parcels of land situated in
a. How does the local legislative assembly the poblacion as the site of a freedom park, and
override the veto by the local chief executive of appropriating the funds needed therefor. Upon
an ordinance? review, the Sangguniang Panlalawigan of Leyte
disapproved the ordinance because the a. Under Section 118(b) of the Local Government
municipality has an existing freedom park which, Code, boundary disputes involving two or more
though smaller in size, is still suitable for the municipalities within the same province shall be
purpose, and to pursue expropriation would be settled by the Sangguniang Panlalawigan
needless expenditure of the people's money. Is concerned.
the disapproval of the ordinance correct? Explain
your answer. (2009 Bar) b. Under Section 118(d) of the Local Government
Code, boundary disputes involving two or more
A: The disapproval of the ordinance is not correct. highly urbanized cities shall be settled by the
Under Section 56(c) (Local Government Code), Sangguniang Panlungsod of the parties.
the Sangguniang Panlalawigan of Leyte can
declare the ordinance invalid only if it is beyond
the power of the Sangguniang Bayan of Q: There was a boundary dispute between
Bulalakaw. In the instant case, the ordinance is Duenas, a municipality, and Passi, an
well within the power of the Sangguniang Bayan. independent component city, both of the same
The disapproval of the ordinance by the province. State how the two local government
Sangguniang Panlalawigan of Leyte was outside units should settle their boundary dispute. (2005
its authority having been done on a matter Bar)
pertaining to the wisdom of the ordinance which
pertains to the Sangguiniang Bayam (Moday v. A: Boundary disputes between local government
Court of Appeals, 268 SCRA 586) units should, as much as possible, be settled
amicably. After efforts at settlement fail, then the
dispute may be brought to the appropriate
Q: The Municipality of Pinatukdao is sued for Regional Trial Court in the said province. Since
damages arising from injuries sustained by a the Local Government Code is silent as to what
pedestrian who was hit by a glass pane that fell body has exclusive jurisdiction over the
from a dilapidated window frame of the municipal settlement of boundary disputes between a
hall. The municipality files a motion to dismiss the municipality and an independent component city
complaint, invoking state immunity from suit. of the same province, the Regional Trial Courts
Resolve the motion with reasons. (2009 Bar) have general jurisdiction to adjudicate the said
controversy (Municipality of Kananga v. Madrona,
A: The motion to dismiss should be denied. Under G.R. No. 141375 [2003]).
Section 24 of the Local Government Code and
Article 2189 of the Civil Code, the Municipality of
Pinatukdao is liable for damages arising from Q: A vacancy occurred in the sangguniang bayan
injuries to person by reason of negligence of local of a municipality when X, a member, died. X did
government units or local officers of the defective not belong to any political party. To fill up the
condition of the municipal hall, which is under vacancy, the provincial governor appointed A
their control and supervision. upon the recommendation of the sangguniang
panlalawigan. On the other hand, for the same
vacancy, the municipal mayor appointed B upon
Q: The Municipality of Sibonga, Cebu, wishes to the recommendation of the sangguniang bayan.
enter into a contract involving expenditure of Which of these appointments is valid? (2002 Bar)
public funds. What are the legal requisites
therefor? (1991, 1995 Bar) A: As held in Farinas v. Barba, 256 SCRA 396
(1996), neither of the appointments is valid.
A: The following are the legal requisites for the UnderSection 45 of the Local Government Code,
validity of a contract to be entered into by the in case of a permanent vacancy in the
Municipality of Sibonga which involves the Sangguniang Bayancreated by the cessation in
expenditure of public funds: office of a member who does not belong to any
political party, theGovernor shall appoints
1. The contract must be within the power of the qualified person recommended by the
municipality; Sangguniang Bayan. Since A was
2. The contract must be entered into by the notrecommended by the Sangguniang Bayan, his
proper officer, i.e., the mayor, upon resolution of appointment by the Governor is not valid. Since B
the Sangguniang Bayan pursuant to Section 142 wasnot appointed by the Governor but by the
of the Local Government Code; Municipal Mayor, his appointment is also not
3. In accordance with Sec. 606 of the Revised valid.
Administrative Code, there must be an
appropriation of the public funds; and in
accordance with Sec. 607, there must be a Q: On August 8, 2008, the Governor of Bohol died
certificate of availability of funds issued by the and Vice- Governor Cesar succeeded him by
municipal treasurer; and operation of law. Accordingly, Benito, the highest
4. The contract must conform with the formal ranking member of the Sangguniang
requisites of written contracts prescribed by law. Panlalawigan was elevated to the position of Vice-
Governor. By the elevation of Benito to the office
of Vice Governor, a vacancy in the Sangguniang
Q: What body or bodies are vested by law with Panlalawigan was created. How should the
the authority to settle disputes involving: (1999) vacancy be filled? (2008 Bar)

a. two or more towns within the same province A: In accordance with Section 45 of the Local
b. two or more highly urbanized cities. Government Code, the vacancy should be filled
byappointment by the President of the nominee
A: of the political party of Benito since his elevation
to the position of Vice-Governor created the last
vacancy in the Sangguniang Panlalawigan. If
Benito does not belong to any political party, a
qualified person recommended by the
Sangguniang Panlalawigan should be appointed
(Navarro v. Court of Appeals, 355 SCRA 672
[2001]).

Q: Suppose the people of a province want to

recall the provincial governor before the end of
his three-year term of office.

a. On what ground or grounds can the provincial

governor be recalled?
b. How will the recall be initiated?
c. When will the recall of an elective local official
be considered effective? (2002 Bar)

A:
a. In accordance with Section 69 of the Local
Government Code, the Governor can be recalled
for loss of confidence.

b. Under Section 70 of the Local Government

Code, the recall may be initiated by a resolution
adopted by a majority of all the members of the
preparatory recall assembly, which consists of all
the mayors, the vice-mayors, and the
sangguniang members of the municipalities and
component cities, or by a written petition signed
by at least twenty-five per cent (25%) of the total
number of registered voters in the province.

c. According to Section 72 of the Local

Government Code, the recall of an elective local
official shall take effect upon the election and
proclamation of a successor in the person of the
candidate receiving the highest number of votes
cast during the election on recall.