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PUBLIC CORPORATIONS/ LOCAL GOVERNMENT CODE

LECTURE BY:

ATTY. NOMBRAAN PANGCOGA

DATE: 07/16/14

Secti on 24. Liability for Damages. - Local government units and their officials arenot exempt from liability for death or injury to persons or damage to property.

* LGUs and its officials may be held liable for malicious and negligent conflict causing death orinjury to any person or any damage to property.

*DUMLAO VS CA 140 SCRA 247 - Where the City of Davao was held liable to the damagesfor its negligent act in repairing a manhole which causes car accidents.

*TURIO VS FONTANILLA (This case pertains to the act of NIA, which causes injuries toindividuals) SC held that state being immune for injuries suffered by private individuals in theadministration of strictly government function like immunity is enjoined by the municipality isthe performance of same duties, unless it is expressly made liable by the state.

Section 25. National Supervision over Local Government Units.

Q: What is the nature of the Presidents supervisory power over the LocalGovernment Units?

A: President has GENERAL POWER over the Local Government Units.

Q: How is the power of supervision exercised?

A: a. DIRECTLY over provinces, highly urbanized cities, and independentcomponent cities;

b. INDIRECTLY or through the province with respect to component citiesand municipalities; and through the city and municipality with respect to

barangays

Q: Does the President have the inherent power to remove or suspend localelective officials?

A: NO. In the case of HEBRA VS REYES, SC held that the President has noinherent power to remove or suspend local elective officials, it can only do

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so when the power is expressly given or arises by necessary implicationunder the constitution or statutes.

Section 26. Duty of National Government Agencies in the Maintenance of Ecological Balance. - It shall be the duty of every national agency or government-owned or controlled corporation authorizing or involved in the planning andimplementation of any project or program that may cause pollution, climaticchange, depletion of non-renewable resources, loss of crop land, rangeland, orforest cover, and extinction of animal or plant species, to consult with the localgovernment units, nongovernmental organizations, and other sectors concernedand explain the goals and objectives of the project or program, its impact upon the

people and the community in terms of environmental or ecological balance, and themeasures that will be undertaken to prevent or minimize the adverse effectsthereof.

Q: Is consultation required in order to implement programs which willmaintain environmental or ecological balance, and to prevent orminimize the adverse effects thereof?

A: YES. Consultation is required in a. project or program that may cause

pollution; b. may bring about climatic change; c. may cause depletion ofnon-renewable resources; d. may result loss of crop land, rangeland, orforest cover; e. may eradicate certain animal or plant species; AND e. other

projects or programs that may call for eviction of a particular group of people residing in the locality when the program will be implemented.

Section 27. Prior Consultations Required. - No project or program shall beimplemented by government authorities unless the consultations mentioned inSections 2 (c) and 26 hereof are complied with, and prior approval of thesanggunian concerned is obtained: Provided, That occupants in areas where such

projects are to be implemented shall not be evicted unless appropriate relocationsites have been provided, in accordance with the provisions of the Constitution.

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Q: What is the effect of failure to comply with consultation and approvalrequirement?

A: There are TWO views: a. failure to comply with consultation and approval

requirement renders the assailed government act void ab initio , on theground that it is executed in violation of mandatory or prohibitory laws shall be void except when the law itself authorizes its validity ; b. failure tocomply with consultation and approval requirement does not per se causethe government action to become null and void if the statute does notexpressly state that compliance is a condition sine qua non for the validity ofthe government act. (See Page 78-79)

Q: Is the introduction of Lotto in the Province of ____________, without

consultation void?

A: WRONG, Lotto is neither a program nor project of the National Government by a voluntary act of the Philippine Charity Sweepstakes Office (PCSO)

Section 28. Powers of Local Chief Executives over the Units of the Philippine National Police. - The extent of operational supervision and control of local chiefexecutives over the police force, fire protection unit, and jail management

personnel assigned in their respective jurisdictions shall be governed by the

provisions of Republic Act Numbered Sixty-nine hundred seventy-five (R.A. No.6975), otherwise known as "The Department of the Interior and Local GovernmentAct of 1990", and the rules and regulations issued pursuant thereto.

Q: What is the extent of authority of supervision and control of Local ChiefExecutive over police force?

A: Local executives merely act as a representatives of the National PoliceCommission, pursuant to Sec. 51, of R.A 6975.

Q: What is the extent of Mayors power to recommend, in connection withthe appointment of the Local Chief of police?

A: The Mayor shall have the authority to choose the Local Chief of Police fromthe list of 5 eligibles recommended and screened by the Police RegionalDirector. In case of Disagreement between the Regional Director and the

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Mayor, the question shall be elevated to the Regional Director, NationalPolice Commission, who shall resolve the issue within 5 working days fromthe receipt, whose decision on the shall be final and executory.

Q: What is the purpose of the limited power of the Mayor in selecting onefrom anong the list of 5 eligibles to be named the chief of police?

A: The purpose is to enhance police professionalism and to isolate the policeservice from political domination.

Section 29. Provincial Relations with Component Cities and Municipalities. - The province, through the governor, shall ensure that every component city andmunicipality within its territorial jurisdiction acts within the scope of its prescribed

powers and functions. Highly urbanized cities and independent component citiesshall be independent of the province.

Q: What is the purpose of the relationship of the Component Cities andMunicipalities?

A: The purpose is to ensure that every component city and municipality withinits territorial jurisdiction acts within the scope of its prescribed powers andfunctions.

Q: What is the relation between the province with the Highly urbanizedcities and independent component cities?

A: The Highly urbanized cities and independent component cities shall beINDEPENDENT from the province.

Section 30. Review of Executive Orders. -

(a) Except as otherwise provided under the Constitution and special statutes, thegovernor shall review all executive orders promulgated by the component city ormunicipal mayor within his jurisdiction. The city or municipal mayor shall reviewall executive orders promulgated by the punong barangay within his jurisdiction.Copies of such orders shall be forwarded to the governor or the city or municipalmayor, as the case may be, within three (3) days from their issuance. In all

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instances of review, the local chief executive concerned shall ensure that suchexecutive orders are within the powers granted by law and in conformity with

provincial, city, or municipal ordinances.

(b) If the governor or the city or municipal mayor fails to act on said executiveorders within thirty (30) days after their submission, the same shall be deemedconsistent with law and therefore valid.

*Action of the Governor, city or municipal mayor is properly reviewable bythe Writ of Certiorari with the Regional trial Court under Rule 65.

Section 31. Submission of Municipal Questions to the Provincial Legal Officer or

Prosecutor. - In the absence of a municipal legal officer, the municipal governmentmay secure the opinion of the provincial legal officer, and in the absence of thelatter, that of the provincial prosecutor on any legal question affecting themunicipality.

*In a local government, pag nahihirapan ka, you can file an inquiry sa legal officerto secure his opinion, in the absence of the legal officer, provincial prosecutor yan

yung tinatawag nating FiscalSection 32. City and Municipal Supervision over Their Respective Barangays. -The city or municipality, through the city or municipal mayor concerned, shallexercise general supervision over component barangays to ensure that said

barangays act within the scope of their prescribed powers and functions.

Section 33. Cooperative Undertakings Among Local Government Units. - Localgovernment units may, through appropriate ordinances, group themselves,

consolidate, or coordinate their efforts, services, and resources for purposescommonly beneficial to them. In support of such undertakings, the localgovernment units involved may, upon approval by the sanggunian concerned aftera public hearing conducted for the purpose, contribute funds, real estate,equipment, and other kinds of property and appoint or assign personnel under such

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terms and conditions as may be agreed upon by the participating local unitsthrough Memoranda of Agreement.

Q: What is the nature of the parties Memoranda Agreement with regards

to the cooperative undertaking?A: It is a contract the juridical situation created by the parties through their

contract and the rights and obligations arising therefrom.