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    Course Syllabus Pub Corp

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    Icel Lacanilao
    1. Public corporations refer to local government units (LGUs) that are established through legislation and given corporate powers. LGUs have dual nature and functions - they are corporations but also serve as branches of government. 2. LGUs have general powers including police power, taxing power, eminent domain, and legislative power to enact ordinances. They also have corporate powers like the ability to sue, acquire property, and enter into contracts. 3. Local officials of LGUs, both elective and appointive, have qualifications and are subject to disciplinary actions and removal from office for certain offenses according to the Local Government Code and other laws.

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    Course Syllabus Pub Corp

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    Icel Lacanilao
    88 views7 pages
    1. Public corporations refer to local government units (LGUs) that are established through legislation and given corporate powers. LGUs have dual nature and functions - they are corporations but also serve as branches of government. 2. LGUs have general powers including police power, taxing power, eminent domain, and legislative power to enact ordinances. They also have corporate powers like the ability to sue, acquire property, and enter into contracts. 3. Local officials of LGUs, both elective and appointive, have qualifications and are subject to disciplinary actions and removal from office for certain offenses according to the Local Government Code and other laws.

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    1. Public corporations refer to local government units (LGUs) that are established through legislation and given corporate powers. LGUs have dual nature and functions - they are corporations but also serve as branches of government. 2. LGUs have general powers including police power, taxing power, eminent domain, and legislative power to enact ordinances. They also have corporate powers like the ability to sue, acquire property, and enter into contracts. 3. Local officials of LGUs, both elective and appointive, have qualifications and are subject to disciplinary actions and removal from office for certain offenses according to the Local Government Code and other laws.

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    88 views7 pages

    Course Syllabus Pub Corp

    Uploaded by

    Icel Lacanilao
    1. Public corporations refer to local government units (LGUs) that are established through legislation and given corporate powers. LGUs have dual nature and functions - they are corporations but also serve as branches of government. 2. LGUs have general powers including police power, taxing power, eminent domain, and legislative power to enact ordinances. They also have corporate powers like the ability to sue, acquire property, and enter into contracts. 3. Local officials of LGUs, both elective and appointive, have qualifications and are subject to disciplinary actions and removal from office for certain offenses according to the Local Government Code and other laws.

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    PUBLIC CORPORATIONS

    I. General Principles

    A. Corporation
    1. Definition
    2. Classification
    3. Nature of Local Government Units
    a) Elements
    b) Dual Nature and Functions
    c) Municipal Corporations/LGUs in the Philippines (Section 1, Article X,
    Constitution)

    4. Types of Local Government Units

    Cases:
    Liban v. Gordon (G.R. No. 175352, 18 January 2011, 654 PHIL 680-738)
    Boy Scouts of the Phil v. COA (G.R. No. 177131, [June 7, 2011], 666 Phil
    140-224)
    Philippine Society for the Prevention of Cruelty to Animals v. Commission on
    Audit,
    et al. (G.R. No. 169752, 25 September 2007)
    The Province of North Cotabato v. the Gov. of the Republic of the Phils.
    Peace Panel (G.R. No. 183591, 14 October 2008)

    5. Creation of Local Government Units

    Cases:
    Sema v. Comelec (G.R. No. 177597, 16 July 2008)
    League of Cities of the Philippines v. Comelec (G.R. No. 176951, 18
    November 2008; 21 December 2009; 24 August 2010; and 15 February
    2011)
    Navarro v. Ermita, G.R. No. 180050, 10 February 2010 and Resolution dated
    12 April 2011; Min. Res., G.R. No. 180050, Navarro v. Executive Secretary
    Ermita, September 11, 2012
    Miranda v. Aguirre (G.R. No. 133064, 16 September 1999)
    Samson v. Aguirre (G.R. No. 133076, 22 September 1999)
    Alvarez v. Guingona (G.R. No. 118303, 31 January 1996)
    Mariano v. COMELEC (G.R. No. 118577, 07 March 1995)
    Cawaling Jr. v. COMELEC (G.R. No. 146319, October 26, 2001)
    Aquino v. COMELEC (G.R. No. 189793, 07 April 2010)
    Tan v. COMELEC (G.R. No. 73155, 11 July 1986)
    B. Principles of Local Autonomy

    1. Principle of Local Authority (Section 25, Article II and Section 2, Article X of


    the 1987 Constitution)
    Cases:
    Basco v. PAGCOR (G.R. No. 91649, May 14, 1991)
    Lina v Pano (G.R. No. 129093, August 30, 2001)
    Limbona v. Mangelin (G.R. No. 80391, February 28, 1989)
    Disomangcop v. Datumanong (G.R. No. 149848, 25 November 2004)
    Batangas CATV, Inc. v. Court of Appeals (G.R. No. 138810, 29 September
    2004)
    2. Power of the President over LGUs (Sec. 4, Art. X 1987 Constitution)
    Cases:
    Judge Dadole v. Commission on Audit (G.R. No. 125350, December 3, 2002)
    Pimentel v. Aguirre, et al. (G.R. No. 132988, July 19, 2000), in relation to
    Secs. 284-294, LGC.
    Province of Batangas v. Romulo (G.R. No. 152774, 27 May 2004)
    ACORD v. Zamora (G.R. No. 144256, 08 June 2005)
    Kida v. Senate of the Philippines (G.R. No. 196271, 18 October 2011;
    Resolution dated 28 February 2012)
    Gov. Villafuerte, Jr. and Prov. of Camsur v. Robredo, G.R. No. 195390, 10
    December 2014
    C. The Local Government Code, as amended
    1. Effectivity
    2. Rules of Interpretation

    II. General Powers and Attribute of LGUs

    A. Sources of Powers
    B. Governmental Powers
    1. Police power aka General Welfare Clause (Sec. 16, LGC)

    Cases:
    Dela Cruz v. Paras (G.R. No. L-42571-72, 25 July 1983)
    Binay v. Domingo (G.R. No. 92389, 11 September 1991)
    Tano v. Socrates (G.R. No. 110249, 21 August 1997)
    White Light Corp. v. City of Manila (G.R. No. 122846, 20 January 2009)
    Social Justice Society v. Atienza (G.R. No. 156052, February 13, 2008; see
    Social Justice Society (SJS) Officers v. Lim/Atienza (G.R. No. 187836, 25
    November 2014)
    2. Taxing Power (cf., Local Taxation: Sec. 5-7, Art. X, Constitution; Secs. 128-
    196, LGC)
    Cases:
    Manila International Airport Authority v. Court of Appeals (G.R. No. 155650,
    20 July 2006)
    Mactan Cebu International Airport Authority v. Marcoses (G.R. No. 120082,
    11 September 1996)
    City Government of Quezon City v. Bayan Telecommunications, Inc. (G.R.
    No. 162015, 06 March 2006)
    Drilon v. Lim ( G.R. No. 112497, 04 August 1994)
    Batangas City v. Pilipinas Shell Petroleum Corp. (G.R. No. 187631, 08 July
    2015)

    3. Eminent Domain (Sec. 19, LGC; Sec. 9, Article III, Constitution; Rule 97,
    Rules of Court)
    Cases:
    City Gov. of Quezon City v. Ericta (G.R. No. L-34915, 24 June 1983)
    City of Cebu v. Spouses Apolonio (G.R. No. 142971, 07 May 2002)
    Republic v. Court of Appeals (G.R. No. 146587, 02 July 2002)

    4. Reclassification of Lands
    Cases:
    Department of Agrarian Reform v. Saranggani Agricultural Co., Inc. (G.R. No.
    165547, 24 January 2007)

    5. Closure and Opening of Roads (Sec. 21, LGC)


    Cases:
    Sangalang v. Intermediate Appellate Court (G.R. No. 71169, 25 August 1989)
    MMDA v. Bel Air Village Assoc. Inc. (G.R. No. 135962, 27 March 2000)
    Lucena Grand Central Terminal, Inc. v. JAC Liner, Inc. (G.R. No. 148339, 23
    February 2005)
    6. Legislative Power
    (a) Requisites for valid ordinance
    Cases:
    City of Manila v. Laguio, Jr. (G.R. No. 118127, 12 April 2005)
    Social Justice Society v. Atienza (G.R. No. 156052, 13 Feb. 2008)
    (b) Local initiative referendum
    7. Authority over Police Units
    Section 6, Article XVI of the 1987 Constitution

    C. Corporate Powers
    1. To have continuous succession in its corporate name
    2. To sue and be sued
    3. To have and use a corporate seal
    4. To acquire and convey real or personal property
    5. To enter into contracts
    (a) Requisites
    (b) Ultra vires contracts

    III. Municipal Liability

    A. Section 24, RA No. 7160


    B. Liability for violation of law, contract, tort
    C. Doctrine of implied municipal liability

    IV. Local Officials

    A. Provisions applicable to Elective and Appointive Local Officials


    1. Prohibited Business and Pecuniary Interest
    2. Practice of Profession
    Cases:
    Republic of the Philippines v. Rambuyong (G.R. No. 167810, 04 October
    2010)
    Catu v. Rellosa (A.C. No. 5738, 19 February 2008)
    3. Prohibition Against Appointment
    Case: Flores v. Drilon (G.R. No. 104732, 22 June 1993)
    B. Elective Local Officials

    1. Qualifications/disqualifications
    Jalosjos v. Comelec (G.R. Nos. 193237/193536, 09 October 2012)
    Jalosjos v. Comelec (G.R. No. 205033, 18 June 2013)
    Aratea v. Comelec (G.R. No. 195229, 09 October 2012)
    Japzon v. Comelec (G.R. No. 180088, 19 January 2009)
    Sobejana-Condon v. Comelec (G.R. No. 198742, 10 August 2012)
    Corodora v. Comelec (G.R. No. 176947, 19 February 2008)
    2. Manner and Date of Election
    Kida v. Senate of the Philippines (supra)
    3. Term of Office
    Abundo v. Commission on Elections (G.R. No. 201716, 08 January 2013)
    Borja v. Comelec (G.R. No. 133495, 03 September 1998)
    Aldovino v. Comelec (G.R. No. 184836, 23 December 2009)
    Adormeo v. Comelec (G.R. No. 147927, 04 February 2002)
    Socrates v. Comelec (G.R. No. 154512, 12 November 2002)
    Latasa V. Comelec (G.R. No. 154829, 10 December 2003)
    Ong v. Alegre (G.R. No. 163295, 23 January 2006)
    Mendoza v. Comelec (G.R. No. 149736, 17 December 2002)
    Rivera III v. Comelec (G.R. No. 167591, 09 May 2007)
    Dizon v. Comelec (G.R. No. 182088, 30 January 2009)
    Bolos, Jr. v. Comelec (G.R. No. 184082, 17 March 2009)
    Comelec v. Cruz (G.R. No. 186616, 20 November 2009)

    4. Rules on Succession
    Talaga v. Comelec (G.R. No. 196804, 09 October 2012)
    Gamboa v. Aguirre (G.R. No. 134213, 20 July 1999)

    5. Recall
    6. Resignation

    7. Discipline
    (a) Grounds
    (b) Jurisdiction
    (c) Preventive suspension
    (d) Removal
    (e) Administrative appeal
    Disciplinary Actions
    A. Elective Local Officials (Secs. 60-68)
    Cases:
    Ganzon v. Court of Appeals (200 SCRA 271)
    Joson v. Torres (290 SCRA 279)
    Salalima v. Guingona (257 SCRA 55)
    Berces v. Executive Secretary (241 SCRA 539)
    Malinao v. Reyes (256 SCRA 616)
    Sanggunian Baranggay of Don Mariano Marcos v. Martinez (G.R. No.
    170626, March 3, 2008)
    Lingating v. COMELEC (G.R. No. 153478, November 13, 2002)
    B. Secs. 13, 21, and 24, R.A. 6770
    Cases:
    Hagad v. Gozo-Dadole (G.R. No. 108072, December 12, 1995)
    Office of the Ombudsman v. Rodriguez (G.R. No. 172700, July 23, 2010)
    C. Sec 13, R.A. 3019
    Case: Talaga, Jr. v. Sandiganbayan (G.R. No. 169888, November 11,
    2008)
    D. Secs. 51 and 52, Subtitle A, Title I, Book V of Executive Order No. 292, or
    the Administrative Code of 1987
    (f) Doctrine of condonation
    Aguinaldo v. Santos (G.R. No. 94115, 21 August 1992)
    Salumbines, Jr. v. Office of the Ombudsman (G.R. No. 180917, 23 April
    2010)
    Ombudsman Carpio-Morales v. CA and Binay (G.R. Nos. 217126-27, 10
    November 2015)
    C. Appointive Local Officials
    1. Responsibility for Human Resources and Development
    2. Discipline (Secs. 84-88, LGC)
    Cases:
    De Rama v. CA (G.R. No. 131136, February 28, 2001)
    Plaza v. CA (G.R. No. 138464, January 18, 2008)
    Atienza v. Villarosa (G.R. No. 161081, 10 May 2005)
    People v. Sandiganbayan (G.R. No. 164185, 23 July 2008)
    Sales v. Carreon (G.R. No. 160791, 13 February 2007)
    Quirog v. Aumentado (G.R. No. 163443, 11 November 2008)
    Montuerto v. Ty (G.R. No. 177736, 06 October 2008)
    Provincial Government of Aurora v. Marco (G.R. No. 202331, 22 April 2015)
    V. Intergovernmental Relations

    A. With the National Government and its agencies (read Sec. 11, Art. X,
    Constitution)
    Cases:
    MMDA v. Viron Transportation Co., Inc. (G.R. No. 170656, 15 August 2007)
    MMDA v. Garin (G.R. No. 130230, April 15, 2005)
    Province of Rizal v. Executive Secretary (G.R. No. 129546, 13 December 2005)
    B. With other LGUs

    VI. Local Initiatives and Referendum


    A. Local Initiative
    1. Definition
    2. Procedure
    3. Limitations
    B. Local Referendum
    1. Definition

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