PUBCORP- August 1, 2011 Section 24. Local Government Units are not exempt from: 1.

liability for death or injury to persons 2. damage to property Suability Whether an entity is capable of being sued Liability Condition of being actually or potentially subject to an obligation

2. modify 3. nullify 4. set aside what a subordinate officer had done in the performance of his duties and substitute the judgment of the former for that of the latter.

performing their duties

General Rule: State cannot be sued Exception: if it consent expressly or impliedly Express Consent

1.

enactment of a general or special law on the matter

Implied Consent: 1. state commences litigation 2. state enters into a contract which is commercial in nature

President no inherent power to remove or suspend local elective officials o Except: (mandatory) Expressly given By necessary implication under constitution or statutes 1987 consti omitted as may be provided by law o change of language did not exempt local government fromlegislative regulation Supervision not inconsistent with: Investigation does not signify control o disciplinary authority (determination of the constitutionality of an act or ordinance) Head of the Dept. of Budget o Not free to appoint anyone o President makes the appointment (by list of 5 nominees)

municipal corporations may be sued even in performance of governmental functions o reason: because the code expressly provides Generally: Municipal corporation is not liable for the acts of its officers or agents in the performance of its governmental functions o Except: i. Negligent performance of its corporate or propriety or business functions ii. Respondeat superior- damages may be collected from it for the torts of its officers or agents within the scope of their employment o Requisite:

Section 26: Maintenance of Ecological Balance 1. Duty of National Agency or GOCC a. Consult with LGUs and non-governmental organizations b. Explain i. goals and ii. objectives of such project iii. impact upon the people iv. measures to be taken to prevent or minimize its effects Program effects enumerated:

i.
ii.

There be control and supervision over the roads, street and other public works Such has a defective condition death or injury was suffered defective condition thereof It occasioned unreasonable risk of injury to another

iii.
iv.

2.

Liability of officers o Generally: not liable for official acts o Exception: i. Willful and Malicious with intent of inflicting injury to another ii. Negligent

a. b. c. d. e.

May cause pollution May bring about climatic change May result in loss of crop land, rangeland or forest cover Eradicate certain animal or plant species from the face of the planet

Sec 25: National Supervision over local government 1. President a. General supervision b. Supervisory authority c. Direct the appropriate national agency to provide assistance to LGUs National Agency & offices with prject implementation functions a. Coordinate with one another b. Coordinate with LGUs in the discharge of their function National Agencies & offices, GOCC with field units & branches in LGUs a. Furnish the local chief executive reports b. Duly certified budgetary allocations & expenditures Supervision Power of an officer to see that subordinate officers are

2.

Other plans or programs that may call for eviction of a particular group of people residing in the locality Section 27: Consultations are required Proviso: occupants shall not be evicted unless appropriate relocation sites have been provided 2 views of the failure to comply with consultation: 1. Void ab initio a. Mandatory or prohibitory laws 2. does not per se cause the government action to be void if the statute does not expressly state that the condition is sine qua non (essential) for the validity of the government act a. directory consultation- the act of seeking advice or of seeking guidance.

3.

Control The power of an official to: 1. alter

Section 28: Powers of Local chief executives over PNP 1. Local Chief executives a. operational supervision

b. 2. over a. b. c.

control police force fire protection unit jail management personnel May:

o o

Approval of sanggunian concerned After a public hearing for that purpose

under DILG (RA 6975): 1. National Police Commission 2. PNP Reason: merely an administrative alignment that would bolster a system of coordination and cooperation of citizenry. 1. Police force o not part of the armed forces of the Philippines o subject to Presidents power (executive control) Local chief executives o Merely act as representatives of National Police Commission Regional Chief director makes the appointment of chief of police o Mayor selects form the list No power of appintment o Chosen by mayor: City Director, City Police Command o In case of disagreement: elevated to Regional Director, National Police Commission o Purpose: enhance police professionalism isolate the police service from political domination

o Contribute funds o Other kinds of property The Law determines the juridical situation created by the parties through their contract

Section 34: 1. LGUs

a.
b. Sec 35: 2. LGUs

Promote the establishment of i. Peoples ii. Non-governmental orgs Purpose: local autonomy

2.

3.

a.
b. Sec 36: 3.

May Enter into joint ventures with peoples and non-governmental orgs Any activity that promotes development of the locality

LGU a. b. Through local executive Concurrence of sanggunian

i.

Provide assistance to peoples and non-governmental orgs

Section 29: 1. Province (through ggovernor) a. Supervisory power i. Component city ii. Municipality 2. Independent of province: a. Highly urbanized cities b. Independent component cities Section 30: 1. Governor a. Review of executive orders i. Component or municipal mayor 2. city/municipal mayor a. review executive orders i. punong barangay 3. copies of executive orders a. forwarded within 3 days b. fails to act within 30 days upon submission: valid & consistent with the law if ruled not consistent: invalidated- no force/effect review is quasi-judicial function o action is properly reviewably by writ of certiorariRTC

Section 31: Legal question affecting municipality 1. municipal legal officer 2. provincial legal officer 3. provincial prosecutor Section 32: City and Municipal Supervision over Barangays general supervision Section 33: LGUs may group themselves Upon

Section 37: Local Prequalification, Bids and Awards Committee 1. in every a. province b. city c. municipality 2. responsibility a. conduct prequalification of i. contractors ii. bidding iii. evaluation of bids iv. recommendation of awards concerning local infrastructures or projects 3. chairman: governor/ mayor 4. Members (of the sanggunian concerned): a. Chairman of the appropriations committee b. Representative of the minority i. If none: 1 chosen member of the sanggunian c. Local treasurer d. 2 representatives of the non-governmental organization e. practicing CPA from the private sector (designated by Phil institute of public accountants, local chapter) 5. representative of COA shall be present a. certify rules 6. agenda a. deliberated upon committee b. one week before meetings 7. Meetings a. Held in provincial capitol or b. Municipal hall Redefined under RA 9184 (Government Procurement Reform Act) At least 5 members but not more than 7. Chairman must be 3rd ranking official of the procuring entity Mode of contract o If not prescribed by statute or charter

Same manner as other corporations and partnerships If legislature prescribes a form Only in the method prescribed If not made: invalid & unenforceable Madatory

Citizenship requirement need not to be complied with prior to election but may be possessed on the date candidate assumes office Based on: o Majority of legal votes o

Purpose: o Competitive bidding o To guard against Favoritism Improvidence Extravagance Fraud Corruption o Secure the best work or supplies at lowest price practicable o Fairly reasonably o With reference to public interest Construction of provisions o Mandatory o Jurisdictional o Good faith-immaterial

Exception: where the electorate, fully aware in fact and in law of the candidates disqualification so as to bring such awareness within the realm of notoriety would nonetheless cast their votes in favor of the candidate Domicile The place where a party actually or constructively has his permanent home where he eventually intends to return and remain - animus manendi

Residence Imports not only an intention to reside in a fixed place but also presence in the fixed place coupled with conduct indicative of such intention

Same construction in election law Domicile of Choice Residence/ bodily presence in a new locality Intention to remain there (animus manendi) Intention to abandon old domicile (animus vertendi) Voluntary Actual For indefinite period of time

Sec 38. Local technical committee 1. provide assistance to PBAC 2. composition a. city/municipal engineer b. local planning and development coordinator c. other officials designated by PBAC 3. chairman a. designated by PBAC b. attend meetings c. present reports Sec 39. Qualifications of Elective Officials General Qualifications: 1. citizen of the Philippines 2. registered voter 3. resident of the place he intends to be elected for at least one year immediately preceding the election 4. able to read & write Filipino or other local language or dialect Highly urbanized cities governor v-gov member of Sanggunian Panlalawigan mayor v-mayor mem. S. Panlungsod Component cities/ Municipalities/ independent cities mayor v-mayor S. Panlungsod S. Bayan Punong barnggay Member of snagguniang baranggay SK 21

Domicile of Origin Acquired by every person by birth Usually the place where the childs parents resides

Naturalization in a foreign country results in the abandonment of domicile in the Philippines. Purpose of residence requirement: 1. prevent a stranger unacquainted with the needs of community from seeking an elective office to serve that community 2. excluding outsiders from taking advantage of favorable circumstances for electoral gain respondent must clearly demonstrate uneligibility evidences: 1. public written official acts or records of the official acts of the sovereign authority official publication copy attested by officer having the legal custody of the record 2. private

21

18

15-21

continuing requirement Frivaldo v Comelec

Sec 40. Disqualifications 1. within 2 years after serving sentence a. sentenced by final judgment for an offense involving moral turpitude b. offense punishable by 1 year or more 2. removed from office as a result of administrative case a. decision of sanggunian or office of the president i. must be in writing ii. clearly and distinctly stating the facts b. no decision of lacks signature of requisite majority 3. violated oath of allegiance to the republic 4. with dual citizenship a. means dual allegiance

Dual citizenship Result of concurrent application of different laws of two or more states 5.

Dual allegiance Person simultaneously owes by positive act loyalty to two or more states

term

2nd monady of may

6. 7.

fugitives from justice (crim & non-pol cases) a. flee after conviction to avoid punishment b. flee after being charged to avoid prosecution c. intent to evade must be established d. motive not important permanent residents in a foreign country insane or feeble-minded a. insane i. condition which renders the affected person unfit to enjoy liberty of action because of unreliability of his behavior with concomitant danger to himself and others ii. test: capacity to understand the nature of his acts & exercise intelligence b. feeble-minded

3 years no elective official shall serve for more than 3 consecutive terms in the same position not counted a. involuntary severance interrupts continuity b. succession of an individual due to death of incumbent c. proclamation subsequently declared void d. recall election reasons: 1. no longer an immediate reelection 2. intervening period constitutes involuntary interruption

i.
ii.

mentally deficient; there is defect in quantity of mental development amentia mental age: 9-12 yo

Final judgement 1. period of perfecting an appeal has elapsed 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 an act of baseness, vileness, or depravity in the private duties of man owes his fellowmen or society in general contrary to the accepted and customary rule of right and duty bet man and woman, justice, honesty, modesty or good morals suspends execution of sentence power to cancel proclamations

probation COMELEC execution pending appeal (must combine 2 or more reasons) 1. public interest involved/ will of the electorate 2. shortness of remaining term of contested office 3. length of time election contest has been pending Manner of election 1. voted at large & by qualified vorters: a. governor b. v-governor c. city mayor d. city vmayor e. municipal mayor f. municipal v-mayor g. punong barangay h. chairman of SK i. sangguniang pambaranggay members 2. Sanggunian (panlalawigan, Panlungsod, bayan)

a. b. c.
d.

1st & 2nd class provinces- 10 3rd & 4th- 8 5th & 6th- 6 provinces having 5 legislative districs each district=2 sangguniang panlalawigan members

date of election