local government law notes, Lecture notes of Law

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Local Government, powers and functions a. Sources of Power of Local Governments

1. The 1987 Constitution; its provision in local governments ( Article 10 LOCAL GOVERNMENT) Political and territorial subdivision: provinces, cities, municipalities, and barangays. BARMM, CAR Sec 3: The Congress shall enact a local government code which shall provide for a more responsive and accountable local government structure instituted through a system of decentralization with effective mechanisms
2. The local Government Code of 1991 This Code establishes the system and defines powers of provincial, city, municipal and barangay governments in the Philippines. It provides for a more responsive local government structure instituted through a system of decentralization whereby Local Government Units are delegated more powers, authority, responsibilities and resources.
3. All existing laws, acts, decree, executive orders, proclamations and administrative regulations not inconsistent with the 1997 Constitution and the Local Government Code of 1991 **b. Classification of Local Government Powers
4. Express powers –** those granted in express words Ex. Sec 5. (Art. X) Each local government unit shall have the power to create its own sources of revenues and to levy taxes, fees, and charges subject to such guidelines and limitations as the Congress may provide, consistent with the basic policy of local autonomy. Such taxes, fees, and charges shall accrue exclusively to the local governments. Ex. Sec. 19 (Local Government Code 1991). Eminent domain. A local government unit may, through its chief executive and acting pursuant to an ordinance, exercise the power of eminent domain for public use, or purpose or welfare for the benefit of the poor and the landless, upon payment of just compensation, pursuant to the provisions of the Constitution and pertinent laws…
5. Implied powers – those necessary or fairly implied in or incident to the powers expressly granted

3. Inherent powers – those essential to the declared objects and purposes of the corporation not simply convenient but indispensable such as: a) To have perpetual succession. The continued existence of a corporation until it is legally dissolved b) To sue and to be sued c) To purchase, hold and sell property for the benefit of the municipal corporation. Eminent domain. the right of a government or its agent to expropriate private property for public use, with payment of compensation d) to have common seal. define common seal as the official seal used on legal documents to identify a specific business or agency. For legal purposes, for identification, and for the authenticity and authoritativeness of documents e) To make by-laws and ordinances for the government of the municipality
4. Legislative and executive powers – a) ordinance to make law; b) ordinance to executive laws
5. Intramural and extramural powers – a) those exercised within the corporate limits of the municipal corporation; b) those exercised without, like those given for the protection of water supply, prevention of nuisance and also for police forces. Intra - exercise its powers within its territorial boundary or jurisdiction Extra - exercise its powers outside the subdivision
6. Governmental and municipal powers – a) administer the powers of the state and promoting the public welfare within it; b) those for the special benefit and advantage of the urban community. Among the governmental powers are the power of eminent domain; of taxation, to promote public education, to maintain a fire department or police force. Among the municipal powers are: erection of waterworks, gas works, power electric plants, from which profits may derived by the municipality.
7. Mandatory and discretionary powers – a) those the exercise of which can be required of municipal corporations; b) those which it may perform or not, depending upon its judgment and discretion.