LOCAL GOVERNMENT UNIT court said na IN INTERPRETING THE LGC, IT SHOULD BE

IN FAVOR OF DECENTRALIZATION. In this case, the

It is a body politic in the sense that it is endowed with
power to review and decide on the mining permits is
powers as a political subdivision of the national
expressly given to the DENR. Hence, DENR has control
government and acts as a corporate entity in
and LGU only exercises supervision
representing the inhabitants of its territory
*para sa mga powers na devolved, LGU has control
DECENTRALIZATION
(example of this is when the money comes from the
The process by which LGU are given more powers, local govt, this happens when by virtue of fiscal
responsibilities, authority and resources by the national autonomy they create their own sources of revenue)
govt. pero sa mga powers na hindi devolved, LGU only has
supervision.
KINDS OF DECENTRALIZATION
*In implementing the LGC we need accountability and
1. Dec. of Administration – the national government cooperation
delegates administrative powers to the LGU in order to
broaden the base of such power and in the process *power of contempt – inherently judicial hence not
make the LGU more accountable and responsive and to inherent sa LGU because LGU only has executive and
make them effective partners in nation building and legislative powers.
social progress.
*any provision on a power of a LGU shall be liberally
*Central govt focuses on national affairs while the LGU interpreted in its favor. In case of doubt, resolved in
focuses on local affairs. favor of devolution of powers and of the LGU

*Because of such arrangement, the President exercises CREATION OF LGU

SUPERVISION ( the power to see to it that the
REQUISITES:
subordinates act in accordance with the law ). The LGU
on the other hand exercises control ( the power to alter, (1) There should be a law enacted by CONGRESS, for the
modify, reverse or revise the decisions of the creation of a PROVINCE, MUNICIPALITY OR CITY
subordinate ).
*Si congress pwede din naman gumawa ng barangay
*The LGU in this arrangement has LOCAL AUTONOMY
(2) or ORDINANCE, enacted by the Sangguniang
which simply means decentralization. It has (2) aspects,
panlalawigan/panlungsod concerned if a barangay is
administrative and fiscal autonomy.
created.
*Administrative autonomy is that wherein the LGU is
*if the barangay is inside the municipality then pwede
delegated with admin powers from the national
nya ipetition ung province concerned.
government to act as an effective partner in nation
building. (3) Hindi lang law/ordinance, magkakaroon din ng
plebiscite in the political units directly affected. (No
*Fiscal Autonomy is the power to create sources of
creation, division, merger, abolition, or substantial
revenue in addition to their equitable share from the
alteration of boundaries of LGU shall take effect unless
national govt and the power to allocate their resources
approved by a majority of the votes cast in a plebiscite)
in accordance with their own priorities.
*Padilla Case – lahat ng residents ng Mun. of Labo ang
2. Dec. of Power – involves an abdication of power by
magvote dapat, hindi lang ung mga nakatira sa Mun. of
the national government in favor of LGU declared to be
tulay na lupa because all the inhabitants are directly
autonomous.
affected with the creation of the Mun. of Tulay na Lupa.
*The autonomous region is free to chart its own destiny For the residents of Mun of Labo, it would mean loss of
and shape its future with minimum intervention from territory and loss of funding for them kaya need din sila
central authorities magvote talaga.

*amounts to “self-immolation” because the *Grino – law is silent on WON the voters of the
autonomous regions becomes accountable not to the PROPOSED sub province will still vote for the officials of
central authorities but to its constituents the mother province. Sa case nato, if hindi macerate
ang sub province, ultimately the residents of the sub
*IMPERIO IMPERIO – state within a state
province will again be part of the mother province kaya
CASES unfair if hindi sila nakaboto para sa officials ng mother
province, but if the sub province is created tama lang na
*Negros – prior approval is not needed because the hindi sila bumoto. GOOD THING IN THIS CASE, NATULOY
former only exercises supervision over the LGU NAMAN UNG PAGCREATE SA SUB PROVINCE.
*League(mining) - DENR’s power to review and decide DE FACTO MUNICIPAL CORPORATION
the validity of the permits are valid. In this case, the
REQUISITES: by the IRR kaya pwede. (kaso hindi agree si mam dito
because the IRR cant go beyond the law)
1. a charter or general law by which such corp might be
lawfully created *Alvarez – Internal Revenue Allotments are included in
the computation of the income reqmt of the LGU. IRA’s
2. attempted compliance in good faith with the rqmts of
are items of income because they form part of the
the stature in incorporation
accretion of the funds of the LGU.
2. colourable compliance with the statutory
*Cityhood Laws – while may pending bills to convert
requirements
municipalities into cities, nagkaroon ng increase sa
3. assumption of corporate powers income rqmt = 100 million. City hood bills passed
exempting the pending municipalities to be converted
*A De facto Mun Corp is NOT TOTALLY VALID. LGU’s into cities from the increase income rqmt
who were not able to fully comply is not automatically a
de facto corp. because there are other totally invalid AT FIRST – INVALID daw CHB because theres no
naman. exemption provided by law

*When you are a de facto corp the state can question ON THE SECOND CASE – VALID NA SYA NGAYON
your existence but only through a direct attach such as because may valid basis ang court. Congress has the
filing a case in court power to alter or modify LGC. Such power of
amendment was exercised when Congress enacted the
MUNICIPAL CORPORATION Cityhood Laws.
It has its charter which gives it its juridical personality. BOUNDARY DISPUTES
All entities in the govt has charters, EXCEPT for the
instrumentalities of the govt. Section 118 of LGC

FACTORS TO DETERMINE IN CREATING AN:

*If wala pa rin mangyayare after mong irefer sa mga

nakasulat sa Sec 118 then appeal kana diretso RTC

CASES

*Madrona – if boundary dispute does not fall within the

list in Sec 118, diretso kana RTC

*Calanza – need pa din magcomply sa Sec 118 if the

dispute is kasama sa list. Hindi pwedeng magskip ung
Sec 118 tapos diretso ka RTC.

*Pasig – settle muna boundary dispute bago mag

plebiscite because upon boundary define the metes and
bounds in order to define its territorial jurisdiction. -
CASES: Beyond the limits, its acts are ultra vires, and will
*Navarro (2010) – whether or not province is composed prejudicepeople’s welfare.
or islands, it still needs to comply with the land area GENERAL POWERS AND ATTRIBUTES
rqmt
1. POLITICAL AND CORPORATE NATURE OF LGU
*Navarro (2011) - exempt lang sa land area rqmt ay
ang municipalities and cities if such consists of 1 or Powers of LGU may either be political or corporate in
more islands. The exemption is not provided for the nature
province, but in this case such exemption was covered
POLITICAL IN NATURE – the powers exercised in
administering the powers of the state and promoting
public welfare. It may change upon a change in concerned. THIS MEANS THAT THE SP will determine
sovereignty. The examples of activities that LGU may the priority project but it’s the local chief executive who
engage in the exercise of powers that are political in will execute or implement the project. This means na
nature are that of foreign affairs, common functions of need muna PRIOR AUTHORIZATION from the SP.
the munisipyo.
*Quisumbing – An appropriation ordinance shall be
CORPORATE NATURE – powers that are exercised for deemed void when it would give the local chief
the special benefit and advantage of the community. It executive unbridled authority to enter into any contract
does not change despite change in sovereignty. These as long as an appropriation ordinance or budget has
are acts that a private person can engage in been passed by the sanggunian concerned. Prior
approval by the Sangguniang Panlalawigan was
*Vilas Case – even though there was change in
required before Gov. Garcia could have validly entered
sovereignty, the debts of the old corp must still be paid
into the questioned contracts.
by the new corp bec the powers exercised in incurring
such debts were those of corporate in nature. The following are the items automatically adopted in a
reenacted budget: 1.) Salaries and wages of existing
*Continues Succession - continuous existence which
positions, 2.) statutory and contractual obligations, and
enables a corporation to manage its affairs and hold
3.) essential operating expenses.
property without the necessity of perpetual
conveyances. Its legal entity and personality remains *Kung town fiesta, will it be part of the re-enacted
the same despite frequent changes of its members budget? NO. wala sya sa mga items na macarry over.

LEGISLATIVE DISTRICTS *Osmena - - The authorisation from the Sanggunian is

unnecessary if the circumstances indicate that the
*Bagubayo – Legislative Districts are not the same as
Sanggunian tacitly approves (ung ibang members kase
LGU. There is no need for a plebiscite. They are only a
ng SP nagging part ng bidding so assume na inapprove
political unit and not a corporate entity just like an LGU
na nila). This is an exception. General Rule ; NEED PRIOR
PROPERTY HELD BY LGU AUTHORIZATION

LGU’s may hold property either as a political subdivision *Verceles – blanket authorization is not sufficient. You
of the state or as a corporate entity. If it is holding the need to be specific with the project.
property under the capacity of the former, then it’s the
Sec 23 – Authority to negotiate and secure grants
state who has control over the property. The state can
get it anytime under the Regalian doctrine (the state General Rule: Can accept donations even if from
owns and has control over all lands of public domain) foreign, but subject to interpretation. No need prior
EXCEPT when it has given authority to the LGU. approval. They just need report and account. EXCEPT:
when it poses a potential risk concerning national
If the property is held by the LGU as a corporate entity,
security.
or under a patrimonial capacity, then it is the LGU who
has control over the property. Ex: public cemetery, Section 24 - LIABILITY FOR DAMAGES
public market. There needs to be proof that the
Local government units and their officials are not
property is a patrimonial property of the LGU, meaning
exempt from liability for death or injury to persons or
the property must have been acquired by the LGU using
damage to property.
its own funds.
*City of Manila - mas nagprevail ung civil code kase
CORPORATE POWERS (CASEEC) – SECTION 22(A)
mas specific sa situation ung provisions ng civil code
(1) To have continuous succession in its corporate kaysa sa charter ng manila
name;
*Municipality of SN Fndo – LGU not liable when it is
(2) To sue and be sued; performing a governmental function. The same holds
true for govt officials. However if such official is in grave
(3) To have and use a corporate seal;
abuse of discretion and went beyond his powers then
(4) To acquire and convey real or personal property; liable sya.

(5) To enter into contracts; and GENERAL WELFARE CLAUSE (SECTION 16)

(6) To exercise such other powers as are granted to The clause that provides for the delegated police power
corporations, subject to the limitations provided in this of the State to the LGU. Since it is only a delegated
Code and other laws. power, it is inherent with the State and not with the
LGU. There must be a valid delegation, express or
SECTION 22(C ) - A contract may be entered into by the implied.
local chief executive in behalf of the local government
unit without prior authorization by the Sanggunian
Police Power - is 'the power of promoting the public because it merely benefits a limited number of people,
welfare by restraining and regulating the use of liberty as long as the reason for the exercise is public in
and property' character stemming from a public duty then that will
suffice.
POWERS OF LGU IN SECTION 16
*Rimando – not applicable and petition for mandamus
1. Powers expressly granted. (Ex: eminent domain in Sec
kay mayor na magissue ng permit kase the task is not
19)
ministerial in nature.
2. powers necessarily implied from those expressly
*Evasco – mas nafollow charter ng davao kaysa sa NBC
granted (Ex: power to negotiate with private
kase STATCON, special law prevails over general law
individuals)
*Willia Kong – The roads were donated by the LGU’s
3. powers not expressly granted but necessary or
pero still ok lang ginawa ng HAA which is yung
incidental (Ex: power to have special project during
pagrequire ng ID and surrender ng ID because it does
pandemic)
not detract from the objective of the LGU also which is
4. powers in general welfare clause to maintain public order and safety.

REQUISITES FOR A VALID EXERCISE OF SECTION 16: ABATEMENT OF NUISANCE

1. Public interest NUISANCE - Any act, omission, establishment, business,

condition of property which:
2. Reasonably necessary
1. Injures or endangers health or safety of others
3. Not duly oppressive (see the whole picture dapat)
2. Annoys or offends the senses
4. Not arbitrarily interfere with private business
(arbitrary kapag walang basis) 3. Shocks, defies or disregards decency or morality

5. No unnecessary restrictions (look at the profession 4. Obstructs or interferes with the free passage of any
and check if may undue influence) public hi-way or street, or water

PURPOSE OF GENERAL WELFARE: 5. Hinders or impairs use of property

1.Ensure and support, among other things, the 1. Nuisance per se - no judicial proceedings required -
preservation and enrichment of culture nuisance at all times and under any circumstances
regardless of location or surroundings. Pwede ang
2. Promote health and safety summary abatement dito.
3. Enhance the right of the people to a balanced ecology 2. Nuisance per accidens - need for judicial proceedings
4.Encourage and support the development of - becomes a nuisance by reason of the locality,
appropriate and self-reliant scientific and technological surroundings, or the manner in which it is conducted,
capabilities managed, etc

5. Improve public morals Determine mo munf if may nuisance talaga using the ffg
requisites and then if yung reason mo for the action is
6. Enhance economic prosperity and social justice nuisance per se then valid but if nuisance per accidens,
7. Promote full employment among their residents invalid ung action kase need muna judicial declaration
na nuisance sya.
8. Maintain peace and order
*ACEnterprises – ung noise ng mga blowers ay
9.Preserve the comfort and convenience of their considered nuisance per se. It is sufficient to maintain
inhabitants an action for abatement of a nuisance if his buildings is
rendered valueless for the purpose it was devoted
CASES:
BASIC SERVICES AND UTILITIES
City Govt of QC – LGU required na 6% of private land of
cemetery be donated to burial grounds – INVALID SECTION 17. Basic Services and Facilities. – (a) Local
EXERCISE OF PP. The power to regulate does not incude government units shall endeavor to be self-reliant and
the power to confiscate nor the power to prohibit. You shall continue exercising the powers and discharging
cant take a property to use it or take it to give it away, the duties and functions currently vested upon them
DAPAT TAKE because it endangers the public or TAKE
TAPOS SIRAIN for public purpose. The list is not exclusive.

*Binay – utilized unused funds and gave it to the CASES

mahihirap. VALID because public use does not generally *LTO - nadevolve lang ung registration sa tricycles
mean the whole public. It is not unconstitutional just
*Pimentel - unless an LGU is particularly designated as *NAPOCOR – In determining as to WHEN the taking
the implementing agency, it has no power over a happened to determine just compensation and the
program for which funding has been provided by the amount, such is within the prerogative of the court. The
national government under the annual general congress however may give guidelines. In this case,
appropriations act, even if the program involves the since walang evidence na taking ay nangyare nung
delivery of basic services within the jurisdiction of the 1970, then presumed taking happened at the time of
LGU. filing.

*Velez - The 45-day election ban period has to be *City of Manila – its not enough na magfile ka na agad
respected. Disbursement for social welfare is not an ng expropriation proceedings dahil lang nareject ung
exemption despite the fact that such was in pursuance first offer. If the reaction of the owner on the first offer
to a continuing program. was rejected because the owner wanted a higher price,
then need magsecond offer ni LGU. If second offer was
EMINENT DOMAIN
rejected, then dun palang pwede magexproriation
It is the power to take private property for public use. It proceeding
is not inherent in LGU but inherent with the State. It is
Sec 1, Rule 67, ROC – expropriation proceedings pwede
legislative in nature.
rin pala sa mga private individual. If the title is in the
REQUIREMENTS: statem walang expropriation, but theoretically kapag
may grant ng Congress
1. Ordinance by the local legislative council authorizing
the local chief executive to exercise such power, Sec 6 Rule 67 – CONSEQUENTIAL DAMAGES AND
BENEFITS
2. For public use and
Upon utilization of the property by the LGU may
3. With just compensation. damages na naincur si owner, then need magbayad ni
Exercised only if na exhaust na other modes of LGU
acquisition *consq damages and benefits offset each other.
2 STAGES OF EXPRORIATION PROCEEDINGS R.A 8974 – expropriation for national infrastructure
1. determination of authority to exercise power of projects – requires payment of the entire value of the
eminent domain property

2. determination of just compensation. *Camarines Sur – no need for prior approval of DAR
bago magkaroon ng expropriation proceedings. Si RTC
The government may immediately take possession suspend lang proceedings para makapagcomply si LGU
upon: sa rqmt ni DAR for the reclassification of land. DAR then
1. Filing of expropriation proceedings; AND will have ministerial duty to grant request of LGU. It has
authority to classify land but not to encroach on the
2. Deposit with the proper court at least 15% of the exercise of the power of ED of the LGU
FMV based on property’s current tax declaration –
RECLASSIFICATION OF LAND – SECTION 20
15% deposit’s dual purpose:
A city or municipality may, through an ordinance passed
1. Pre-payment if the expropriation succeeds by the Sanggunian after conducting public hearings for
the purpose, authorize the reclassification of
2. Indemnity for damages if it is dismissed
agricultural lands and provide for the manner of their
CASES: utilization or disposition in the following cases….

*Brgy San Roque – regardless of the amount, may *CONVERSION FROM AGRICULTURAL TO NON AGRI
jurisdiction si RTC. Because in the 2 stages of
*dito check mo lang if may valid ordinance
expropriation proceedings, pinakaimportant is yung
determination of the authority of the exercise of the *Laynesa – kapag 2 private individuals pwedeng maging
power of ED strict si court sa requirements pero generally maluwag
sya
*Yusay – a resolution was issued instead of an
ordinance. No valid exercise of ED. Kase required LOCAL LEGISLATION
ordinance for the initiation of the expropriation
proceedings. An ordinance requires 3 readings, whereas SECTION 48 - Local legislative power shall be exercised
a resolution involves only 1 reading by the Sangguniang Panlalawigan for the province; the
Sangguniang Panlungsod for the city; the Sangguniang
*City of Cebu – Just compensation is determined at the bayan for the municipality; and the Sangguniang
time of TAKING. Barangay for the Barangay.
WHO IS THE PRESING OFFICER? SECTION 49 *If enacted by a component city, then automatic review
by the Sangguniang Panlalawigan
The vice-governor shall be the presiding officer of the
Sangguniang Panlalawigan; the city vice-mayor, of the *if enacted by a barangay, and such belongs to a city,
Sangguniang Panlungsod; the municipal vice-mayor, of then S. Panlungsod or if part of a municipality then S.
the Sangguniang bayan; and the Punong Barangay, of bayan.
the Sangguniang Barangay. The presiding officer shall
CASES:
vote only to break a tie.
*Tatel – the mere fact that there was somewhat
REQUISITES FOR VALIDITY OF ORDINANCE:
discrimination in implementing it does not affect the
1. Not contravene to the Constitution or any statute validity of the ordinance. ON ITS FACE VALID NAMAN
SYA
2. Not unfair or oppressive
*Lina – ordinance prohibiting law is INVALID. What the
3. Not partial or discriminatory
national govt allows, cant be prohibited by the LGU
4. Not prohibit but regulate trade
*Malonzo – after every election, there needs to be new
5. General and consistent with public policy internal rules. However, unfinished internal rules will
not preclude the officers in taking up other matters
6. Not unreasonable
*La Carlota – in computing for a quorum isama mo si
After 3 readings and the Sanggunian passed it, how presiding officer, in this case the vice mayor. The vice-
does an ordinance become an effective and valid law? mayor can vote only to break a tie.
1. Submit to the local Chief Executive of the sanggunian *Vicencio – the ordinance specifically authorized vice
concerned for APPROVAL mayor to enter into contracts, INVALID. ANG MAY
2. After the lapse of time, the law becomes effective INHERENT AUTHORITY SI CITY MAYOR.
due to failure sign it INTERGOVERNMENTAL RELATIONS
3. Vetoed, but the veto is override by a 2/3 votes *Drilon – Sec of Justice declared invalid ung ordinance
VETO POWER OF THE LOCAL CHIEF EXECUTIVE pero that’s ok because he just exercised supervision. He
merely checked if the enactment of the ordinance
The local chief executive, except the Punong Barangay, followed the procedure. He set aside the tax ordinance
shall have the power to veto any particular item or BUT HE DID NOT REPLACE IT WITH HIS OWN DECISION.
items of an appropriations ordinance, an ordinance or
resolution adopting a local development plan and public ** All he is permitted is to ascertain the constitutionality
investment program, or an ordinance directing the or legality of the tax measure, without the right to
payment of money or creating liability. declare that, in his opinion, it is unjust, excessive,
oppressive or confiscatory.
REASON FOR THE VETO: ultravires or prejudicial to
public welfare *National Liga - DILG Secretary’s acts of nullifying the
election results, promulgating one of the assailed resos,
LINE ITEM VETO and scheduling another elections went beyond the
General Rule: prohibited EXCEPT WHEN: sphere of general supervision

1. appropriation ordinances RELATIONS WITH PNP (SECTION 28)

2. ordinance or resolution adopting a local devt plan The extent of operational supervision and control of
and public investment program local chief executives over the police force, fire
protection unit, and jail management personnel
3. ordinances directing the payment of money or assigned in their respective jurisdictions shall be
creating liability. governed by the provisions of Republic Act Numbered
Sixty-nine hundred seventy-five (R.A. No. 6975)
*HINDI PWEDE LINE ITEM VETO SA TAX ORDINANCE
*Andaya – It is the Police Regional Director who has the
EFFECT OF VETO: If vetoes whole ordinance then such
prerogative to name the (5) names for the position of
becomes ineffective. If certain items are vetoed then
chief of police. The mayor cant add to the list, he can
the veto shall not affect the other items in the
only choose from the list.
ordinance. If the veto was overridden, the ordinance
becomes effective as if it had been signed by the local *MMDA - MMDA has no power to enact ordinances for
chief executive. the welfare of the community. It is the local
government units, acting through their respective
WHO DOES THE REVIEW OF THE ORDINANCES?
legislative councils, that possess legislative power and
police power
**MMDA IS A SEPARATE ENTITY, IT DOES NOT REPORT *Badua - Since the Cordillera Autonomous Region did
TO THE DILG BUT TO THE PRESIDENT not come into legal existence, the Maeng Tribal Court
was not constituted into an indigenous or special court.
BIDS AND AWARDS COMMITTEE
They are only considered as advisory and conciliatory
Public biddings are held for the protection of the public, bodies to settle disputes and compromise
and to give the public the best possible advantages by
*If they want na marecognize yung decision ng tribal
means of open competition between the bidders.
court then endorse sa RTC
Contracts requiring public bidding affect public interest,
and to change them without complying with that AUTONOMOUS REGIONS
requirement would indeed be against public policy
SAME BA ANG AUTONOMOUS REGIONS SA LGU?
PURPOSE OF BIDDING:
No. The LGC made no mention of an autonomous
1. To invite competition region, hence the powers and duties of such are not
found sa LGC BUT RATHER FOUND ON ITS CHARTER.
2. To guard against favouritism, improvidence,
Second, Sec 16 as compared to Sec. 4 there was a same
extravagance, fraud and corruption
mention of the power of general supervision but it was
3. To secure the best work or supplies at the lowest explicit either to LGU or AR. Hence it gives the
practicable price impression that AR is a separate classification.

*San Diego – even for the extension of a contract of *Odilla – In a particular province dapat at least may
lease need muna ng public bidding ulit majority. Kung san ang province na may majority yun
lang magfoform na AR. In this case, there was only (1)
*Office of the ombudsman – as a body sila dapat province and such alone cannot constitute an AR
magdecide, hindi yung decision lang ng bawat isa
*Datu Kida – pwede synchronize elections ng ARMM.
AUTNOMOUS SPECIAL ECONOMIC ZONES The president in appointing the officers for the
*difference nya sa autonomous region, ASEC, autonomy transitory period, is not incompatible with the
is only in regards to its economic side President’s power of supervision, since the appointed
will remain in office until they are replaced by duly
*Camp John Hay – an ASEC is created through a charter. elected officials. The President has no power to recall
In the charter, all the tax liabilities and tax exemptions such appointments.
are outlines. Given that each ASEC has its own charter,
John Hay can’t ride along with the exemption from tax What can president do when there is a synchronization
of SSEz of election

ADMINISTRATIVE REGION 1. Hold over position (lengthen the term)

*These are not really political or territorial regions, but 2. special election
rather a COORDINATING BODY like the MMDA 3. appointment of the president of OIC’s
CAR (CORILLERA ADMIN REGION) *usually number 3 lang pwede. Unconstitutional ung 1
CAR only provides for transitory measures and prepares and 2
the ground for its autonomy. - It did not establish an BARANGAY
autonomous regional government. It created a region,
covering a specified area, for administrative purposes CASES:
with the main objective of coordinating the planning
*Alquizola –the power of appointment of the punong
and implementation of programs and services.
barangay is exercised conjointly with the majority of the
The CAR is not a public corporation or a territorial and members of the S. Brgy. W/o such conjoint action
political subdivision. It does not have a separate neither appointment or replacement is valid
juridical personality, unlike provinces, cities and
*New Sun Valley - the action of the SB in opening
municipalities. Neither is it vested with the powers that
streets or road through an ordinance is valid. The mayor
are normally granted to public corporations.
is the one who can review such actions of the SB. Since,
The bodies created by CAR y merely constitute the the subject road belong to the city the requirement of
mechanism for an "umbrella" that brings together the ordinance instead of resolution is applicable.
existing local governments, the agencies of the National
KATARUNGANG PAMBARANGAY
Government, the ethno-linguistic groups or tribes, and
non-governmental organizations in a concerted effort to LUPON TAGAPAMAYAPA
spur development in the Cordilleras.
It is made up of 10-20 members + chairman and has a
term of 3 years
*All the 20 members do not need to sit with the parties amicable settlement of disputes through conciliation
when there is a conciliation. proceedings voluntarily and freely entered into by the
parties. Through this mechanism, the parties are
PROCEDURE FOR AMICABLE SETTLEMENT
encouraged to settle their disputes without enduring
1. The chairman will first determine if he or she can help the rigors of court litigation.
the parties amicably settle.
**When the spouses appeared during the hearing
2. If the chairman is unsuccessful, then the chairman before the lupon, they already complied with the
will form the “PANGKAT TAGAPAGKASUNDO” precondition.

PANGKAT TAGAPAGKASUNDO DO ALL CASES NEED TO GO TO KATARUNGANG

PAMBARANGAY? NO.
Conciliation panel in disputes brought before the Lupon.
It is composed of 3 members (from Lupon. In choosing GENERAL RULE: If the parties live in the same city or
the members, it can be done through DRAWLOTS by the municipality, then diretso lupon.
Lupon Chairman (same as Brgy. Chairman)
EXCEPT:
DIFFERENCE BETWEEN CONCILIATION AND
(a) Where one party is the government, or any
ARBITRATION
subdivision or instrumentality thereof;
CONCILIATION ARBITRATION
(b) Where one party is a public officer or employee, and
In conciliation, the In arbitration, the
the dispute relates to the performance of his official
mediator acts as the arbitrator acts like a
functions;
referee and aims to judge and the process is
achieve a compromise similar to that of a court (c) Offenses punishable by imprisonment exceeding one
agreement between the proceeding. The arbiter (1) year or a fine exceeding Five thousand pesos
parties. The parties must hears out both sides of (Php5,000.00)
agree to the resulting the parties and renders a
agreement. If they do not decision. Such decision (d) Offenses where there is no private offended party;
agree then no amicable need not have the
settlement is reached consent of both or either (e) Where the dispute involves real properties located in
parties because even different cities or municipalities unless the parties
though the parties do not thereto agree to submit their differences to amicable
consent, they are still settlement by an appropriate lupon;
bound by such decision.
For the enforcement of (f) Disputes involving parties who actually reside in
such decision, they can Barangays of different cities or municipalities, except
go to court to enforce it. where such Barangay units adjoin each other and the
parties thereto agree to submit their differences to
amicable settlement by an appropriate lupon;
*When does arbitration happen? – if the parties only
want to. The lupon will act as an arbitral body and will (If parties reside in different city or municipality, then
make a decision that the parties may consent to or not. kung brgys adjoin each other naman and parties agree
na mag amicable settle sa appropriate lupon, then
WHAT HAPPENS WHEN THE SETTLEMENT REACHED IN pwede na sa lupon)
THE LUPON IS NOT FOLLOWED?
(d) Such other classes of disputes which the President
The complainant can either enforce the kasunduan or may determine in the interest of justice or upon the
rescind the kasunduan and then go back to the original recommendation of the secretary of Justice.
complaint and file a case in court.
STEP 2: If falling within jurisdiction of lupon, then
*UY v Contreras – When the complainant is the one determine the venue.
who did not show up in the hearing held by the Lupon,
then a the filing of a case in court is premature. (a) Disputes between persons actually residing in the
Whereas, if the person being complained of was the same Barangay shall be brought for amicable settlement
one who was absent during the hearings in the Lupon, before the lupon of said Barangay.
then the complainant can file a case in court provided
(b) Those involving actual residents of different
that the punong barangay issue a certificate to file
Barangays within the same city or municipality shall be
action.
brought in the Barangay where the respondent or any
*Panget – The only necessary precondition to filing of a of the respondents actually resides, at the election of
case in court is that there had been personal the complainant.
confrontation between the parties. It is not necessary
that the parties must come into an agreement. The
object of the Katarungang Pambarangay Law is the
(c) All disputes involving real property or any interest **approved dapat by local chief of the municipality
therein shall be brought in the Barangay where the real (mayor) and then reviewed by Sangguniang
property or the larger portion thereof is situated. Panlalawigan.

(d) Those arising at the workplace where the CITY

contending parties are employed or at the institution
consisting of more urbanized and developed barangays.
where such parties are enrolled for study, shall be
As a general purpose government for the coordination
brought in the Barangay where such workplace or
and delivery of basic, regular, and direct services and
institution is located.
effective governance of the inhabitants within its
Objections to venue shall be raised in the mediation territorial jurisdiction
proceedings before the Punong Barangay; otherwise,
*Gordon – If there is already an existing mayors permit,
the same shall be deemed waived. Any legal question
the grounds for issuance should only be the grounds
which may confront the Punong Barangay in resolving
used for the revocation of such permit.
objections to venue herein referred to may be
submitted to the secretary of Justice, or his duly *Acebedo - A business permit is issued primarily to
designated representative, whose ruling thereon shall regulate the conduct of business and the City Mayor
be binding. cannot, through the issuance of such permit, regulate
the practice of a profession, like that of optometry. Such
CASES NA WALANG JURISDICTION SI KATARUNGANG
a function is within the exclusive domain of the
PAMBARANGAY
administrative agency specifically empowered by law to
1. disputes relating to labor controversy – DOLE supervise the profession, in this case the Professional
Regulations Commission and the Board of Examiners in
2. disputes requiring immediate resolution such as
Optometry
referring to the liberty of person
PROVINCE
3. person is already detained
composed of cluster of municipalities, or municipalities
4. writ of habeas corpus
and component cities - as a political and corporate unit
5. preliminary injunction, attachment of government, serves as dynamic mechanism for
developmental processes and effective governance of
Under the civil code: LGUs within its territorial jurisdiction
1. civil status of persons *Atienza – si VG na ang magsign, approve and disburse
2. validity of marriage ng mga PO’s

3. future support *Boracay – There must be prior consultation and prior

approval from the cities directly involved
4. legitime
LEAGUE
5. jurisdiction of courts
There is for every level. The concern should be for the
SANGGUNIANG KABATAAN WHOLE, not just for one unit. If one unit has concern,
CASES: you cannot go to League to ask for help.

*Garvida – members of the Katipunan ng kabataan (15 - Example of valid intervention of League:
but not more than 21 years of age) while as in SK (not - Law on reduction of elective officials
more than 21 ON THE DAY OF THE ELECTION). This
means na for the member ng KK, basta hindi *League – league would not have a standing because
nagbibirthday ng 21, but for the SK utmost dapat not all provinces have an issue with mining
nagbirthday ka ng 21 on the day of the election, moving Kelan pwedeng magprepresent si league?
forward.
*when may probkema brgy regarding sa distribution ng
MUNICIPALITY ayuda
It is a group of barangays for the coordination and *may complaints si provinces regarding sa mga powers
delivery of basic, regular and direct services and na nadevolve sa kanila.
effective governance of the inhabitants within its
territorial jurisdiction

*City of Pasig – ordinance was passed at a time pasig is

still a municipality and then when it was converted into
a city, it did not cure such defect. Being a municipality
wala pa syang authority to issue such ordinance.