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l1
LAW ON PUBLIC CORPORATIONS
SAN BEDA MEM.RY
Roles of local Government Units
1. Barangay serves as the primary planning and
implementing unit of government policies, plans
programs, projects and activities in the
community, and as a forum wherein the collective
views of the people may be expressed,
crystallized and considered, and where disputes
may be amicably settled (LGC, Sec. 384).
2. Municipality serves primarily as . a general
purpose government- for the coordination and
delivery of basic, regular, and direct services and
effective governance of the inhabitants within its
territorial jurisdiction (LGC, Sec. 440).
3. City serves as a general purpose government for
the coordination and delivery of basic, regular
and direct services and effective governance of
the inhabitants within its territorial jurisdiction
(LGC, Sec. 448).
4. Provinces serves as a dynamic mechanism for
development processes and effective
_governance of local government units within its
territorial jurisdiction (LGC, Sec. 459).
•-.:::>/)
CREATION, CON , :·. ,.
DIVISION, MERGij_8: ',
CONSOLIDATIO~J:~ 1
ABOLITION OF '::~•· , Icators of viability; and
/\
Authority to Create Local Governni .::.un
An LGU may be created,. divided?:::.··.:~rg
consolidated, abolished, or its boundar" ' · th
substantially altered: \.
1. By a law enacted by Congress __
provinces, cities, municipali_ties, oF
political subdivisions; or / "cf Area· or Territory (LGC, Sec. 7);
2. By an ordinance passed by the Sanggin:u
Panlalawigan or Sangguniang Panlung~od/
concerned in the case of any barangay within its
territorial jurisdiction (LGC, Sec. 6).
Congress cannot validly delegate. to the ARMM
Regional Assembly the power to create legislative
districts for the .House of Representatives since the
power to increase the allowable membership in the
House of Representatives, and to reapportion
legislative districts, is vested exclusively in Congress.
As such, its power to create LGUs is limited to the
creation of municipalities and barangays as the
power to c~eate a province or a city inherently
involves the power .to create a legislative district
(Serna v. COMELEC, G.R. No. 177597, July 16,
2008}.
PLEBISCITE REQUIREMENT -
In accordance with criteria set by the LGC, no
province, city, municipality, or barangay may be
created, divided, merged, abolished, or its boundary
260, I 2018 SAN BEDA CENTRALIZED BAR OPERATIONS
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substantially altered; except in accordance with the
criteria established in the local government code and
subject to approval by a majority of the votes cast in
a plebiscite in the political units affected (CONST. Art.
X, Sec.10).
A plebiscite for creating a new province should
include the participation of the residents of the mother
province in order to conform to the constitutional
requirement (Tan v. COMELEC, G.R No. 73155, July
11, 1.986). .
Said plebiscite shall be conducted by the COMELEC
within one hundred twenty (120) days from the date
of effectivity of the law or ordinance effecting such
action, unless said law or ordinance fixes another
date (LGC, Sec. 10).
Note: A case involving a boundary dispute between
LGUs presents a prejudicial question which must be
decided first before plebiscites for the creation of
arangays may be held (City of Pasig v.
, G.R. ,,9:
1 125646, _September 10, 1999).
. .A .. ··
B~)JtQ~ AN(" bNVERSION OF LGUS
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. .,
A-~eAfNal ctJle;the
.. creation of a local government
ion from one level to another level
pacity to provide services (LGC,
lquisites for the· Creation and
of Municipal Corporations: (LIPLAP)
·_;bawor ordinance (LGC, Sec. 6);
,?
ation;
.Jltestation by the DOF, PSA, and LMB of the
indicators; and
flebiscite (LGC, Sec. 10).
Verifiable Indicators for the Creation. or
Conversion of a LGUs: (PIL)
1. fopulation - is based on the total number of
inhabitants within the territorial jurisdiction of the
local government unit;
2. !ncome -'-- must be sufficient, based on
. acceptable standards, to provide for all essential
facilities and services commensurate with the
size of its population; and
3. ,band area - must be contiguous unless it
comprises two or more islands or is separated by
a local government unit; properly identified by
metes and bounds; and sufficient to provide for
such basic services and facilities (LGC, Sec. 7).
Note: Compliance with the above-cited indicators
shall be attested by the National Statistics Office
(now Philippine Statistics Authority (PSA) as created