PUBLIC CORPORATIONS LAW – SOTELO REVIEWER
PUBCORP - MIDTERM REVIEWER
Ambassador Tolentino
TITLE I. BASIC PRINCIPLES
CHAPTER I
THE CODE: POLICY AND APPLICATION
SECTION 1. Title
LOCAL GOVERNMENT
Political subdivision of a nation or state which is
constituted by law and has substantial control of local
affairs
LOCAL GOVERNMENT UNIT
Body politic and corporate. One endowed with powers as
a political subdivision of the National Government and as a
corporate entity representing the inhabitants of its territory.
Territorial and political subdivisions composed of
provinces, cities, municipalities and barangays.
EFFECTIVITY OF LGC
January 1, 1992.
SECTION 2. Declaration of Policy
DECENTRALIZATION
Devolution of national administration. The process by
which local government units are given more powers,
authority, responsibilities and resources by the national
government.
STATE POLICY
1. Local Autonomy. The decentralization of
administration or power by delegating
administrative powers to political subdivisions.
2. Accountability through recall, initiative and
referendum for the proper administration of
public affairs.
3. Periodic Consultations before any project or
program is implemented
RECALL
A mode of removal of a public officer by the people before
the end of his term of office.
INITIATIVE
An electoral process whereby designated percentages of the
electorate may initiate legislative or constitutional changes
through the filing of formal petitions to be acted on by the
legislature or the total electorate.
REFERENDUM
A process of referring to the electorate for approval a
proposed new state constitution or amendment or of a law
passed by the legislature.
Rodolfo Ganzon v CA
DOCTRINE: The President exercises general
supervision over all local government units to ensure
that local affairs are administered according to law. He
has no control over their acts in the sense that he can
substitute their judgements with his own.
Control is the power of an officer to alter or modify or
nullify or set aside what a subordinate officer had done
in the performance of his duties and to substitute the
judgement of the former for that of the latter.
Supervision means overseeing or the power or authority
of an officer to see that the subordinate officers perform
their duties.
Local Autonomy means a more responsive and
accountable local government structure instituted
through a system of decentralization
Decentralization means devolution of national
administration but not power to the local levels.
SECTION 3. Operative Principles of
Decentralization
1. Allocation of powers, functions, responsibilities
and resources
2. Establish organizational structure and operating
mechanism
3. Appointment and removal of local official and
employees subject to civil service law
4. Create and broaden own sources of revenue, just
share in national taxes, equitable share in the
proceeds of the utilization and development of
the national wealth
5. Ensure acts are within the scope of their
prescribed powers and functions
6. Consolidate and coordinate efforts, services and
resources for common benefit
7. Provide opportunities to participate actively in
the implementation of national programs and
projects
8. Enhance local autonomy by administrative and
organizational reforms
9. Responsibility to manage and maintain ecological
balance
10. Ensure the accountability of local government
units
11. Improved coordination of national government
policies and programs and extension of adequate
technical and material assistance
12. Encourage participation of the private sector as
an alternative strategy for sustainable
development
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13. National Government to ensure decentralization
to improve quality of community life
APPOINTMENTS OF LOCAL OFFICIALS AND
EMPLOYEES BY LOCAL CHIEF EXECUTIVE
1. Salaries and wages paid by LGU
2. Authorized by law to appoint
EXCEPTIONS
1. Municipal, city and provincial treasurers –
appointed by Secretary of Finance
APPOINTMENTS IN BARANGAYS
1. Requires approval of majority of all the members
of the sangguniang barangay
GENERAL RULE: Appointments shall only be made
according to the merit and fitness to be determined as far as
practicable by competitive examination
ADMINISTRATIVE POSITIONS
Determined through nature of the functions
1. Policy determining – vested with the power of
formulating policies for the government or any of
its agencies etc
2. Primary confidential – enjoys more than the
ordinary confidence in his aptitude of the
appointing power but bears such close intimacy
which insures freedom of intercourse without
embarrassment or freedom from misgiving of
betrayal of personal trust on confidential matters
of State
3. Highly Technical – required to possess skills or
training in supreme or superior degree
CIVIL SERVICE COMMISSION QUALIFICATION
STANDARDS (Sec. 20, PD 807)
Minimum Requirements:
1. Education
2. Training and experience
3. Civil service eligibility
4. Physical fitness
5. Other qualities
EXTENT OF POWERS OF CSC
1. Cannot determine or change the kind or nature of
the appointment – discretionary
2. Cannot order reinstatement of public officers or
employees
3. Limited to approving and disproving an
appointment
REMOVAL OF APPOINTIVE LOCAL OFF AND EMP
Generally, the power is vested to the same public officer
where the power to appoint is vested
If suspension w/o pay for <30days – final
If more than 30 days – appealable to CSC (30d to decide)
CASES OF PRIMARY CONFIDENTIAL POSITION
Expiration of term. The term of office continues only for
as long as confidence in them endures.
NATIONAL TAXES
Taxes imposed under the National Internal Revenue Code
NATIONAL WEALTH
Synonymous to natural resources found within the territory
of the LGU
PROCEEDS
Gross revenue derived by the national government through
the direct commercial and utilization and development of
natural resources within the territory of the LGU
SECTION 4. Scope of Application
Provinces
Cities
Municipalities
Barangays
Other Political Subdivisions
EXTENT OF AUTONOMY OF AUTONOMOUS
REGIONS
Grant of political and administrative autonomy. The
Constitution provides for an autonomous regional
government with the basic structure consisting of an
executive department and a legislative assembly and
special courts with personal, family and property law
jurisdiction in each of the autonomous regions.
CREATION OF AUTONOMOUS REGIONS
Made effective upon the approval “by majority of the votes
cast by the constituent units in a plebiscite called for the
purpose” depending on the will of the majority in each of
the constituent units. What is required is a simple majority
of votes approving the Organic Act in individual
constituent unties and not a double majority.
CODE NOT APPLICABLE TO ADMINISTRATIVE
REGIONS
Administrative regions are not territorial & political
subdivisions like local government units.
METRO MANILA DEVELOPMENT AUTHORITY
An agency created for the purpose of laying down policies
and coordinating with the various national government
agencies, etc. for the efficient and expeditious delivery of
basic services in the vast metropolitan area.
EXTENT OF POWER OF MMDA
PD 1605 does not allow either the removal of license plates
or the confiscation of driver’s licenses for traffic violations
committed in Metropolitan Manila. The commission is
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allowed to impose fines and otherwise discipline traffic
violators only. Confiscation of license plates is permitted
only in case of stalled vehicles obstructing the public
streets.
May enter into contracts, memoranda of agreement and
other cooperative arrangements with the LGUs, national
government agencies, accredited people’s organizations,
non-gov orgs, and the private sector.
LIMITATION OF POWERS (administrative)
1. Formulation
2. Coordination
3. Regulation
4. Implementation
5. Preparation
6. Management
7. Monitoring
8. Setting of policies
9. Installation of a system of administration
METRO-WIDE SERVICES –have metro-wide impact and
transcend local political boundaries or entail huge
expenditures
1. Development planning
2. Transport and traffic management
3. Solid waste disposal and management
4. Flood control and sewerage management
5. Urban renewal, zoning, and land use planning,
and shelter services
6. Health and sanitation, urban protection and
pollution control
7. Public safety
MMDA or its council cannot enact ordinances, approve
resolutions and appropriate funds for the general welfare
for the inhabitants of Metro Manila.
MMDA v Bel-Air Village Association (2000)
DOCTRINE: MMDA is not a local government unit or
a public corporation endowed with legislative power. It
is a “development authority” created for the purpose of
laying down policies and coordinating with the various
national government agencies, peoples organizations,
non-governmental organizations and the private sector
for the efficient and expeditious delivery of basic
services in the vast metropolitan area. All its functions
are administrative in nature and these are actually
summed up in the charter itself.
DIGEST: MMDA issued a notice requesting the village
to open its private road to public vehicular traffic and
that the perimeter separating the subdivision from
Kalayaan Avenue would be demolished. Court ruled
that MMDA has no power to enact ordinances for the
welfare of the community therefore the proposed
opening of Neptune Street by MMDA is illegal.
SECTION 5. Rules of Interpretation
1. Power of LGU – liberal in its favor
2. Tax ordinance or revenue measure – strictly
against LGU, in favor of tax payer
Tax exemption, incentive, relief – strictly against
claimant
3. General welfare provision – liberal
4. Rights and obligations – governed by contract
5. Controversies with no legal provision or
jurisprudence – customs and traditions
CUSTOMS
Juridical rule which results from a constant and continued
uniform practice by the members of a social community,
with respect to a particular state of facts, and observes with
a conviction that it is juridically obligatory.
REQUISITES:
1. Plurality of acts
2. Uniformity
3. General practice by the social group
4. Continued practice for a long pd of time
5. General conviction that it is obligatory
6. Must not be contrary to law, morals or public
order
TRADITION
Cultural continuity. Inherited or established way of
thinking, feeling or doing rooted in the experience of the
past and influencing the present.
CHAPTER II
GENERAL POWERS AND ATTRIBUTES OF
LOCAL GOVERNMENT UNITS
SECTION 6. Authority to Create Local Government
Units
Law enacted by Congress
Ordinance by sangguniang panlalawigan or sangguniang
panlungsod
The creation of the new local government unit should be
approved by the people concerned in a plebiscite called
for the purpose.
NATURE OF AUTHORITY
Creation of municipal corporations is legislative and cannot
be delegated to the President without sufficient standards.
DE JURE MUNICIPAL CORPORATION
REQUIREMENTS
1. Charter or general law
2. Compliance in good faith as to incorporation
3. Compliance with statutory requirements
4. Assumption of corporate powers
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SECTION 7. Creation and Conversion
INDICATORS OF VIABILITY AND CAPACITY
1. Income – sufficient to provide for facilities and
services commensurate to the size of its
population
2. Population – total number of inhabitants within
the territorial jurisdiction
3. Land Area – Contiguous, properly identified by
metes and bounds with technical description
ATTESTED BY: Department of Finance
National Statistics Office
Land Management Bureau
DENR
Requirements are mandatory. Generally, substantial
compliance will be sufficient.
Internal revenue allotment is considered income. These
regularly and automatically accrue to the local treasury.
Petition requirement is directory except where barangays
are sought to be created through the sangguniang
panlalawigan.
Power to create a province or city involves the power to
create a legislative district. A province cannot be created
without a legislative district. Once a city’s population
reaches 250k, the city automatically becomes entitles to
one representative.
CONTIGUOUS
The land within the territory must touch or adjoin one
another in a reasonably substantial physical sense.
The power to increase the allowable membership in the
House of Rep, and to reapportion legislative districts is
vested exclusively in Congress.
SECTION 10. Plebiscite Requirement
Conducted by COMELEC within 120 days from the date of
effectivity of the law or ordinance
POLITICAL UNIT AFFECTED
Residents of the political entity that would be economically
dislocated by the separation of a portion thereof
WHEN REQUIRED
Conversion from independent city to component city
Division of province, city, municipality or barangay
NOT REQUIRED
Merger of administrative regions
Creation or dissolution on a legislative district
Legislative apportionment or reapportionment
LEGISLATIVE DISTRICT = POLITICAL UNIT
 Basis for election of member of HoR and
members of the local legislative body
 Congressman ensures the voice of the people of
the district is heard in congress, not to oversee the
affairs of the legislative district
 No legal personality, legal capacity or capacity to
act
 Delineates the areas occupied by the people
 Does not have its own chief executive
NOT A
Political subdivision
Corporate unit
LOCAL GOVERNMENT UNIT
 Political and corporate unit
 Territorial and political subdivisions of the State
 Instrumentality of the State in carrying out the
functions of government
 Congress, by law, may create, divide, abolish or
merge
 Possess legal personality
 Its corporate existence begins upon the election
and qualification of its chief executive and
majority of the members of its Sanggunian
COMELEC JURISDICTION
Regarding regularity of the conduct of a plebiscite
Contest relating to the elections, returns and qualifications
of elected officials
NOTE:
Independent component cities prohibit their voters from
voting for provincial elective officials
HIGHLY URBANIZED CITIES
Independent from province (Sec.56)
Residents have right to vote for provincial positions
depending on city charter or practice after the 1987
Constitution ratification but prior to the LGC effectivity
(Sec.452)
INDEPENDENT COMPONENT CITIES
Independent from provinces due to city charter
(Sec.451)
Cannot vote for provincial electoral positions (governor)
COMPONENT CITIES
Supervise by provinces (Secs. 29, 30, 56)
Lacks HUC requisite (land, income, and population)
SECTION 14. Beginning of Corporate Existence
LGU’s corporate existence shall commence upon, the
election and qualification of its chief executive and a
majority of the members of its sanggunian
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SECTION 15. Political and Corporate Nature of
Local Government Units
NATURE OF LGUs:
1. Serve as instrumentalities of state in carrying our
functions of government
2. Act as agency of the community in the
administration of local affairs
POWERS OF LGU
1. Governmental powers – exercised in
administering powers of the State and promoting
public welfare
2. Corporate powers – exercised for the special
benefit and advantage of the community
PROPERTY
1. Public – devoted for public service under the
absolute control of Congress
2. Patrimonial - private properties that are
alienable and disposable
SECTION 16. General Welfare
Preservation and enrichment of culture
Promote health and safety
Enhance right to a balanced ecology
Development of scientific and technological capabilities
Improve public morals
Enhance economic prosperity and social justice
Promote full employment
Preserve comfort and convenience
POLICE POWER is inherent in the State but in municipal
corporations.
General welfare clause delegates police power to local
governments units in statutory form.
TWO BRANCHES
1. Necessary to discharge the powers and duties
2. Necessary to provide for health and safety,
promote prosperity, improve morals, peace, good
order, comfort, and convenience
LIABILITY FOR COMPENSATION FOR EXERCISE OF
POLICE POWER
Damnum absque injuria. Police power is free from
liability. The law presumes that the party is compensated
by sharing in advantages arising from such beneficial
regulation.
RESTRICTIONS ON POLICE POWER
It must appear that the interest of the public generally
requires an interference of the private rights, but the means
adopted must be reasonably necessary for the
accomplishment of the purpose and not unduly oppressive.
P.D. 1586 APPLICABLE TO MUN CORP
Section 4 provides “no person, partnership or corporation
shall undertake or operate any such declared
environmentally critical project or area without first
securing an Environmental Compliance Certificate issued
by the President or his duly authorized representative.”
SECTION 18. Power to Generate and Apply
Resources
1. Power to create own sources of revenue – levy
taxes, fees and charges
2. Just share in national taxes
3. Equitable share in the proceeds of national wealth
4. Apply resources for productive, developmental,
or welfare purposes
NATIONAL TAXES
Taxes imposed under the National Internal Revenue Code
NATIONAL WEALTH
Natural resources found within the territory of the local
government unit
PROCEEDS
Gross revenue derived by the national government through
the direct commercial utilization and development of
natural resources within the territory of the LGU by GOCC
or agencies or through taxation of private enterprises
engaged in the same
SECTION 19. Eminent Domain
EMINENT DOMAIN
Power to take private property for public use by the State,
municipalities and private persons or corporations
authorized to exercise functions of public character.
Essentially legislative in nature.
SCOPE
May only be exercised in strict compliance with the terms
of the delegating law.
LGUs have no inherent power of eminent domain and can
exercise it only when expressly authorized by the
legislature.
REQUIREMENTS
1. Enactment of an ordinance by the local
legislative council authorizing the local chief
executive to exercise the power of eminent
domain
2. Power must be exercised for public use, purpose
or welfare
3. Payment of just compensation
4. Valid and definite offer made to the owner and
offer was not accepted
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Expropriation cannot be made pursuant to a resolution.
Must be a municipal ordinance.
A resolution is merely a declaration of the sentiment or
opinion of a lawmaking body on a specific matter.
PUBLIC USE
Public advantage, convenience or benefit, which tends to
contribute to the general welfare and the prosperity of the
whole community.
REASONABLE AND PRACTICAL NECESSITY
Greatest benefit to the public with the least inconvenience
and expense to the property owner
JUSTIFICATION
For the public good and there is genuine necessity of public
character
JUST COMPENSATION
Market value. The sum of money which a person, desirous
but not compelled to buy, and an owner, willing but not
compelled to sell, would agree on as a price to be given and
received therefor.
Should be made within a reasonable time from its taking. If
no deposit was made, final compensation must include
interest computed from the time of the taking until the time
of compensation.
COMPUTATION
Market value + (consequential damage – benefits)
TAKING
When the owner is actually deprived or dispossessed of his
property; when there is a practical destruction or a material
impairment of the value of his property or when he is
deprived of the ordinary use thereof.
When expropriators enter private property for a more
permanent duration, depriving the owner of enjoyment
thereof.
VALID AND DEFINITE OFFER
A unilateral proposition which one party makes to the other
for the celebration of a contract, to encourage settlements
and voluntary acquisition of property.
PURPOSE OF DEPOSIT
Constitutes an advance payment and indemnity. It is not to
be confused with the payment for just compensation.
NO APPROVAL REQUIRED FROM DEPARTMENT OF
AGRARIAN REFORM PRIOR TO EXPROPRIATION
No need to secure the approval of the Department of Land
Reform for the conversion of lands
JURISDICTION
Regional Trial Court. Power exercised only through filing
of a verified complaint.
EFFECT OF PREVIOUSLY DECIDED CASE
The State or its authorized agent cannot be forever barred
from exercising said right by reason alone of previous non-
compliance with any legal requirement.
REMEDY OF PROHIBITION
Available when landowners are not given their just
compensation for the taking of their property or when there
has been no agreement on the amount of just compensation
SECTION 10. Reclassification of Lands
Through ordinance, in the ff cases:
1. When the land ceases to be economically feasible
and sound for agricultural purposes as determined
by the Department of Agriculture
2. Where the land shall have substantially greater
economic value for residential, commercial, or
industrial purposes
Agricultural lands already classified before the effectivity
of R.A. 6657 (15 June 1988) are exempted from conversion
clearance.
Agricultural lands must go through the process of
conversion despite having undergone reclassification.
CONVERSION
Act of changing the current use of a piece of agricultural
land into some other use as approved by the Department of
Agrarian Reform
RECLASSIFICATION
Act of specifying how agricultural lands shall be utilized
for non agri uses such as residential, industrial or
commercial
LAND USE
The manner of utilization of land, including its allocation,
development and management
JURISDICTION OF DEPARTMENT OF AGRARIAN
REFORM (EO 229)
1. Quasi-judicial powers to determine and
adjudicate agrarian reform matters
2. Jurisdiction over all matters involving the
implementation of agrarian reform
SECTION 21. Closure and Opening of Roads
Permanent closure must be approved by at least 2/3 of all
members of the sanggunian and an adequate substitute for
the public facility is provided
PROPERTY OF PUBLIC USE
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Outside the commerce of man and may not be the subject To settle disputed claims
of lease or other contract
POWER TO SUBMIT TO ARBITRATION
PATRIMONIAL PROPERTY Re disputed claims
Only upon declaration of the government through the
executive or legislative departments, to the effect that it is POWER TO HAVE AND USE CORPORATE SEAL
no longer needed for public use or service New or change -requires registration with the Department
of Interior and Local Government.
SECTION 22. Corporate Powers
The chief purpose is to identify and authenticate
1. To have continuous succession in its corporate documents.
name
2. To sue and be sued POWER TO ACQUITE PROPERTY
3. To have and use a corporate seal In its public or proprietary capacity. However if
4. To acquire and convey real or personal property proprietary, can be held liable to 3rd persons ex contractu or
5. To enter into contracts delicto.
6. To exercise such other powers as are granted to
corporations, subject to the limitations provided PUBLIC PROPERTY
in this code and other laws  Property which must be for free and
indiscriminate use by anyone.
LGU shall enjoy full autonomy in the exercise of their  Property held and devoted for governmental
proprietary functions and in the management of their purposes which Congress has absolute control
economic enterprises, subject to the limitations provided in over.
this Code and other applicable laws
PATRIMONIAL PROPERTY
STATUTES GRANTING CORPORATE POWERS  Cannot be expropriated without due process and
Liberal construction. just compensation
 Acquired or held for the special benefit of the
PURPOSE FOR EXERCISE inhabitants of the municipality as distinguished
Must be for a public use or purpose. The legislature has from the general public.
the power to determine what is lawful municipal purpose
and a public purpose with respect to which a municipality POWER TO ENTER INTO CONTRACT
may exercise powers. Act of discretion. The chief executive of a local
government unit may enter into contracts on behalf of the
CONTINUOUS SUCCESSION latter but must first secure the authorization from the local
Continuous existence which enables a corporation to sanggunian otherwise the agreement is an unenforceable
manage its affairs, and hold property without the necessity contract.
of perpetual conveyances, for the purpose of transmitting it. REQUIREMENTS
Its legal entity and personality is the same though the 1. Offer and acceptance
frequency of changes of its members. 2. Object certain
3. Cause
POWER TO SUE AND BE SUED 4. Mutuality
Generally the State cannot be sued unless it gives its 5. Conformity
consent however, the Code itself expressly provides that
local governments may sue and be sued. Therefore, they FORM OF AUTHORIZATION BY SANGG
may be sued even in the performance of governmental 1. By vote upon motion
functions. 2. By the passage of a resolution

IMPLIED CONSENT TO BE SUED ESTOPPEL

1. The State commences litigation
2. State enters into a contract which is
commercial in nature
Municipal corporations have no inherent right to sue the
state, being artificial creatures of the state. (Separation of
powers doctrine)
POWER TO COMPROMISE
Cannot be applied against a municipal corporation to
validate a contract which it has no power to make
SECTION 23. Authority to Negotiate and Secure
Grants
From local and foreign assistance agencies without
necessity of securing clearance or approval from the
National Government or any higher lgu.

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Authority of the sanggunian must be secured prior to
negotiating and securing financial grants and donations.
If implicates national security – requires approval of
national agency
Failure of National Agency to act within 30days – deemed
approved
Local chief executive must report the (1) nature, (2)
amount, and (3) terms of such assistance to Congress and
the President within 30 days of signing agreement or deed.
Provision does not limit the purpose of securing grants to
basic services.
GRANT
A gift usually for a particular purpose. Disposition must be
essentially gratuitous.
SECTION 24. Liability for Damages
Torio v Fontanilla and CA (1978)
DOCTRINE: LIABILITY OF MUNICIPAL
CORPORATIONS. If the injury is caused in the course
of the performance of a governmental function or duty,
no recovery, as a rule, can be had from the municipality
unless there is an existing statute on the matter, nor from
its officers, so long as they performed their duties
honestly and in good faith or that they did not act
wantonly or maliciously. With respect to proprietary
functions, the settled rule is that municipal corporations
CAN be held liable to third persons ex contractu or ex
delicto.
DIGEST: Municipality enacted ordinance to for
committees for the town fiesta. The stage collapsed and
killed one performer. His heirs sued the municipality but
the members alleged that they exercised governmental
powers in enacting the ordinance and therefore could
not be held liable. Court ruled that holding a town fiesta
is a proprietary function therefore under the doctrine of
respondeat superior, the municipality was liable for the
death of Fontanilla. However a corporation whose
personality being separate and distinct from its
members, the council was not held solidarily liable for
negligence.
LGUs and their officials are not exempt from liability for
death or injury to persons or damage to property.
When not acting in its governmental capacity, LGUs and
their officials are not exempt.
SUABILITY
Whether an entity is capable of being sued
LIABILITY
The condition of being actually or potentially subject to an
obligation
The State cannot be sued unless it gives its consent
expressly or impliedly.
IMPLIED CONSENT
1. State commences litigation
2. State enters into a contract which is commercial
in nature
The power of the courts ends when judgement is rendered.
The State is at liberty to determine for itself whether to pay
the judgement or not, ad execution cannot issue on a
judgement against the state.
Government funds and properties may NOT be seized
under writs of execution or garnishment to satisfy
judgements rendered in court. Disbursements of public
funds must be covered by the corresponding appropriation
required by law.
CHAPTER III
INTERGOVERNMENTAL RELATIONS
Cases:
Drilon v Lim 230 scra 135
Hebron v Reyes 104 phil 175
Natl Liga ng mga Brgy v Reyes
Bangus Fisherfolk v Lanzanas 405 SCRA 530
Boracay Foundation v Aklan Province
Carpio v Executive Secretary 206 SCRA 290
Andaya v RTC 319 scra 696
SECTION 25. National Supervision over Local
Government Units
The President exercises general supervision over LGUs.
National agencies must ensure the participation of LGU in
the planning and implementation of national projects.
National agencies and offices must furnish the local chief
executive of monthly reports including budgetary allocation
and expenditure.
Since LGUs remain accountable to the national authority,
the latter may, by law, impose disciplinary action against
local officials.
SECTION 26. Duty of National Government
Agencies in the Maintenance of Ecological Balance
1. To consult with the LGY, non-gov orgs, and
other sectors
2. Explain the goals and objectives of the proj
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3. Explain the impact upon the environmental or
ecological balance
4. Explain the measures that will be undertaken to
prevent or minimize adverse effects
SECTION 27. Prior Consultations Required
For Environmental Clearance Certificate
WHEN CONSULTATION REQUIRED
1. Pollution
2. Climate change
3. Depletion of non-renewable resources
4. Loss of crop land, range-land or forest cover
5. Eradication of certain animal or plant species
from the face of the planet
6. May call for the eviction of a particular group of
people residing in the locality
Occupants in the area shall not be evicted unless
appropriate relocation sites have been provided.
REQUISITES BEFORE PROJECT CAN BE
IMPLEMENTED
1. Prior consultation with the affected local
communities
2. Prior approval by the appropriate sanggunian
CONSULTATION
Act of seeking advice or information or of seeking
guidance
REMEDY: PROHIBITION AND MANDAMUS
The duty to consult may be enforce by petition for
prohibition and mandamus against offending parties under
the conditions of the Rules of Court.
FAILURE TO COMPLY WITH CONSULTATION AND
APPROVAL REQUIREMENT
Project’s implementation is illegal
TITLE II. ELECTIVE OFFICIALS
CHAPTER I
QUALIFICATIONS AND ELECTIONS
SECTION 39. Qualifications
1. Citizen of the Philippines
2. Registered voter of the district where he intends
to be
3. Resident for at least 1 year immediately
preceding the day of the election
4. Able to read and write Filipino or any local
language or dialect
REQUIRED MINIMUM AGE
(Highly urbanized cities) Governor, v.governor, mem of
sangguniang panlalawigan, or mayor, v.mayor or member
of sanguniang panlungsod – 23y on election day
(ICC, CC, CM) mayor or vmayor – 21yo on election day
Member of sangguniang panlungsod or sangguniang bayan-
18y on election day
Punong barangay or member of sangguniang barangay –
18yo on election day
Sangguniang kabataan – 15 to 23y (as of Aquino admin)
WHEN QUALIFICATIONS REQUIRED
Continuing requirements. Must be possess not only at the
time of appointment or election or assumption of office, but
also during entire tenure.
Once lost during incumbency, title to the office itself is
forfeited.
EFFECT OF DISQUALIFICATION OF WINNER OF
ELECTION
If certificate of candidacy of the first placer was valid at the
time of filing but subsequently had to be cancelled because
of a violation of law that took place, or a legal impediment
that took effect, after the filing of the certificate of
candidacy – VICE will assume
If certificate of candidacy is void ab initio – SECOND
PLACER will be declared
WHEN RESIDENCE REQUIREMENT MET
1. Had actual residence in an area for a given period
2. Have been domiciled in the same area either by
origin or choice
RESIDENCE = DOMICILE
The place where a party actually or constructively has his
permanent home, where he, no matter where he may be
found at any given time, eventually intends to return and
remain (animus manendi).
RESIDENCE IN ELECTION LAW
1. Must show an intention to reside in a fixed place
2. Personal presence
3. Conduct indicative of intention
TO ACQUIRE NEW DOMICILE BY CHOICE
1. Residence or bodily presence in the new locality
2. Intention to remain there
3. Intention to abandon the old domicile
PROOF REQUIRED FOR DISQUALIFICATION
Substantial evidence. Respondent must clearly
demonstrate the petitioner’s ineligibility is so patently
antagonistic to constitutional and legal principles.
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SECTION 40. Disqualifications
1. Conviction by final judgement of a crime
involving moral turpitude or for an offense
punishable by 1yr or more of imprisonment
(within 2 yrs after serving sentence)
2. Removed from office as a result of an
administrative case
3. Convicted by final judgement for violating oath
of allegiance to the Republic
4. Those with dual citizenship
5. Fugitives from justice in criminal or nonpolitical
cases here or abroad
6. Permanent residents in a foreign country or those
who have acquired the right to reside abroad and
continue to avail of the same right after the
effectivity of this Code
7. Insane or feeble-minded
CONVICTION BY FINAL JUDGEMENT
1. Period for perfecting an appeal has lapsed
2. Sentence is partially or totally satisfied or served
3. Accused expressly waives in writing his right to
appeal
4. Accused applies for probation
MORAL TURPITUDE
Act of baseness, vileness, or depravity in the private duties
which a man owes his fellow men, or to society in general.
Does not include such acts as are not of themselves
immoral but whose illegality lies in their being positively
prohibited.
Teves v COMELEC (2009)
DOCTRINE: Moral Turpitude has been defined as
everything which is done contrary to justice, modesty,
or good morals; an act of baseness, vileness or depravity
in the private and social duties which a man owes his
fellowmen, or to society in general. It is inherently
immoral. It does not include such acts as are not of
themselves immoral but whose illegality lies in their
being positively prohibited.
DIGEST: Tevez owned a cockpit when it was not yet
illegal. When the LGC was enacted in 1991, he was
convicted for graft and corruption for having interest in
a cockpit which allegedly he already transferred
administration to his wife before it was deemed illegal.
He was disqualified from running for office for
conviction of a crime involving moral turpitude.
EFFECT OF PROBATION
 Not a sentence but a suspension of the imposition
of sentence.
 Not disqualified from running for office.
 Cannot be equated with service of the sentence
Baclayon v Mutia (1984)
DOCTRINE: EFFECT OF PROBATION ON
DISQUALIFICATION. An order placing defendant on
“probation” is not a “sentence” but is rather in effect a
suspension of the imposition of sentence. It is not a final
judgement but is rather an “interlocutory judgement” in
the nature of a conditional order placing the convicted
defendant under the supervision of the court for his
reformation, to be followed by a final judgement of
discharge, if the conditions are complied with, or by
final judgement of sentence if the conditions are
violated.
DIGEST: Baclayon was a teacher, convicted of serious
oral defamation but was qualified to apply for probation.
One of the conditions of her probation was that she
ceases from practicing her profession. Baclayon prayed
that the last condition be deleted. Respondent-court
claims that her conviction carries with it the accessory
penalty of suspension from the right to follow
profession. Court ruled that because she was granted
probation, the imposition of her sentence and accessory
penalties were suspended.
REQUIREMENTS OF “DECISION”
In writing, stating clearly the facts and the reasons for such
decision
MOTION FOR RECONSIDERATION
 Prevents the decision of the sanggunian from
becoming final
 Encouraged as before appeal as a matter of
exhaustion of administrative remedies
NO RETROACTIVE EFFECT
Removal from office prior to effectivity of the Code due to
an administrative case cannot be used as a ground for
disqualification under the Code
EFFECT OF REELECTION ON PENDING ADMIN
CASE
Administrative disciplinary proceeding is abated.
DUAL CITIZENSHIP
Involuntary. Result of the concurrent application of the
different laws of two or more states, a person is
simultaneously considered a national by the said states.
DUAL ALLEGIANCE
Voluntary. Person simultaneously owes loyalty to two or
more states.
DUAL CITIZENSHIP IN ELECTION LAW
Naturalized citizens who maintain allegiance to their
countries of origin even after naturalization.
REMEDY
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Candidates must elect Philippine citizenship upon the filing
of their certificate of candidacy to terminate their status as
persons with dual citizenship.
FUGITIVE FROM JUSTICE
Intent to evade. Includes not only those who flee after
conviction to avoid punishment but likewise who, after
being charged, flee to avoid prosecution.
One who, having committed or being accused of having
committed a crime in one jurisdiction, cannot be found
therein or is absent for any reason from that jurisdiction
that thereby forestalls criminal justice from taking its due
course.
INSANE
Condition which renders the affected person unfit to enjoy
liberty of action because of the unreliability of his behavior
with concomitant danger to himself and others.
TEST: Capacity to understand and appreciate the
nature of the particular act and to exercise
intelligence in its performance.
FEEBLE-MINDED
Mentally deficient, mental ages 9-12yo. Defect in
quantity of mental development, called amentia, which is
divided into idiocy, imbecility, and feeble-mindedness.
OTHER PROVISIONS ON DISQUALIFICATION.
Omnibus Election Code and Electoral Reforms Act of 1987
Convicted of:
1. Giving money or other material consideration to
influence, induce, or corrupt the voters or public
officials
2. Committed acts of terrorism
3. Spent in his election campaign amount in excess
of that allowed
4. Solicited, received or made any contribution
prohibited under Secs 89, 95, 96, 97 and 104
5. Violated any of Secs. 80, 83, 85, 86, and 261
paragraphs d, e, k, v, and cc subparagraph 6
SECTION 41. Manner of Elections
Members of Sangguniang panlalawigan, panlungsod and
bayan:
First and second class provinces – 10
Third and fourth class – 8
Fifth and sixth – 6
Provinces having more than 5 legislative district – 2
sangguniang panlalawigan
President of leagues of sangguniang members of cc and cm
– ex officio members of sangguniang panlalawigan
Presidents of liga ng mga barangay and pederasyon ng mga
sangguniang kabataan – ex officio members of the
sangguniang panlalawigan, panlungsod, bayan
RA7877
All cities with one legislative district and all municipalities
in Metro Manila area – 12 councilors
Comelec shall divide area into 2 districts by barangay for
purposes of representation in the sangguniang bayan
SECTORAL REPRESENTATIVE
1. Women
2. Workers
3. Urban poor
4. Indigenous cultural communities
5. Disabled persons
6. Other sectors
SECTION 42. Date of Election
Every three years, on the second Monday of May
SECTION 43. Term of office
3 years, provided shall not serve more than 3 consecutive
terms in the SAME position
Voluntary renunciation shall not be considered as an
interruption in the continuity of service of full term.
Barangay officials and SK – 3 years (amended by RA 9164
in 2004)
Date of election: last Monday of October and every 3 years
after 2002
TERM
Fixed and definite period of time which the law describes
that an officer may hold an office and fixes the interval
after which the several incumbents shall succeed one
another.
VOLUNTARY RENUNCIATION
A loss of title to office by conscious choice
SUCCESSION BY LAW
Not voluntary. Compulsory and obligatory.
INTERRUPTION OF CONSECUTIVE TERMS
Term is broken because the office holder lost the right to
hold on to his office, and cannot be equated with the failure
to render service.
Involuntary loss of title to office exempts an elective
official from the 3-term limit
FAILURE TO RENDER SERVICE
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Temporary inability or disqualification to exercise the

functions of an elective post, even if involuntary, should
NOT be considered an interruption because the office
holder is simply barred from exercising the function of his
office while retaining title.
EFFECT OF FILING OF CETIFICATE OF CANDIDACY
Considered resigned from the moment of filing.
Withdrawal of certificate does not render it void ab initio.
Effects remain even if withdrawn.
Aguinaldo v COMELEC (1981)
DOCTRINE: After holding of the Jan. 30, 1980
elections, and proclamation thereafter made, a petition
to disqualify a candidate based on a change of political
party affiliation filed with this Court after January 30,
1980 arising from a pre-proclamation controversy,
should be dismissed without prejudice to such ground
being passed upon in a proper election protest or quo
warranto proceedings.
Aguinaldo v Santos (1992)
DOCTRINE: A public official cannot be removed for
administrative conduct committed during a prior term.
DIGEST: Aguinaldo was removed from office due to
his participation in the coup d’etat. Petitioner questioned
his removal. While the case was pending, he filed his
certificate of candidacy for Gov. of Cagayan. Separate
petitions for disqualification was filed against him.
Comelec decided that petitioner may still be voted upon.
Petitioner also filed a petition for certiorari to nullify his
disqualification which was granted since petitioner was
re-elected, the administrative case became moot and
academic.
CHAPTER II
VACANCIES AND SUCCESSION
SECTION 44. Permanent Vacancies in the Offices of
the Governor, Vice-Governor, Mayor, and Vice-
Mayor
Section 45. Permanent Vacancies in the Sanggunian
LOCAL CHIEF EXECUTIVE
1. Sangguniang Panlalawigan and Panlungsod
(HUC and ICC) – President through Executive
Secretary
2. Sangguniang Panlungsod (CC) and Sangguniang
Bayan – Governor
If belonging to a Political party
a) Nomination
b) Certification
If unaffiliated
Recommendation of the Sanggunian
3. Sangguniang barangay – City or municipal mayor
upon recommendation of Sangguniang Barangay
NATURE OF APPOINTING POWER
Discretionary. Limited to those recommended only.
NATURE OF APPOINTMENT
Permanent and for the unexpired portion of the
deceased predecessor’s term. Acquires security of tenure
and appointment may not be recalled.
LAST VACANCY
Created by the elevation of the member formerly occupying
the position next higher in rank which in turn becomes
vacant by any of the causes already enumerated
SECTION 46. Temporary Vacancy in the Office of
the Local Chief Executive
ABSENCE
Officer is powerless, for the time being, to discharge the
powers and prerogatives of the office
The continuity of the Acting Governor’s (VG) powers as
presiding officer of the Sangguniang Panlalawigan is
suspended as long as he is in capacity.

PERMANENT VACANCY
When elective local official
1. Fills a higher vacant office
2. Refuses to assume office
3. Fails to qualify
4. Dies
5. Removed from office
6. Voluntarily resigns
7. Permanently incapacitated

SUBSTITUTION OF CANDIDATE
Only an official candidate of a registered or accredited
political party can be substituted

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