LAW ON PUBLIC CORPORATIONS OUTLINE

I.

Introduction
1.
2.
3.
4.
5.
6.
7.

8.

9.

Definition of Political Law

People vs. Perfecto, 43 Phil 887
Subdivisions of Political Law
Definition of Corporation
Classes of Corporations
Definition of Public Corporation
Asuncion vs. Yriarte, 28 Phil 67
Definition & Elements of Municipal Corporation
Concept of Local Government
a.
Definition
b.
Dual Personality Theory
c.
Agency of the State
Coyle vs. Gray, 30 Atlantic 728
Aguado vs. Manila, 9 Phil 513
Vilas vs. Manila, 42 Phil 953
Catabalogan vs. Dir. of Lands, 17 Phil 216
Powers & Functions of Local Governments
a.
Sources
b.
Classification
c.
Execution of Municipal Powers
Rabuco vs. Villegas, 55 SCRA 656
Local Government Rules on Properties
a.
Introduction
b.
Kinds of Properties
c.
Alienation of Properties
d.
Public Use or Service
e.
Withdrawal of Roads or Plaza from Public Use

10.
11.
12.
13.
II.

Province of Zamboanga vs. City of Zamboanga, 22

SCRA 1334
Manila vs. IAC, 179 SCRA 428
f.
Other Classifications based on Mode of
Acquisition
g.
Properties for Public Use not Subject to Levy or
Execution
Types of Local Government
Extent of Legislative Control
History
1987 Constitutional Provisions on Local Government

Basic Principles of the Local Government Code (LGC)

A.
Policy and Application
1.
Declaration of Policy
2.
Principles of Decentralization
3.
Scope of Application
4.
Rules of Interpretation
B.
General Powers and Attributes of LGUs
1.
Authority to Create the LGUs
2.
Creation & Conversion
3.
Division and Merger
4.
Abolition of LGUs
5.
Plebiscite Requirement
6.
Selection & Transfer of Local Government Site,
Offices, & Facilities
7.
Government Centers
8.
Naming of LGUs and Public Places, Streets &
Structures
9.
Beginning of Corporate Existence
10. Political and Corporate Nature of LGUs

3
11. General Welfare
12. Basic Services and Facilities
13. Power to Generate and Apply Resources
14. Eminent Domain
15. Reclassification of Lands
16. Closure and Opening of Roads
17. Corporate Powers
18. Authority to Negotiate and Secure Grants
19. Liability for Damages
C.
Intergovernmental Relations
1.
National Supervision over LGUs
2.
Duty of National Government Agencies in the
Maintenance of Ecological Balance
3.
Prior Consultations Required
D.
Power of the Local Chief Executives over the PNP
E.
Inter Local Government Relations
1.
Provincial Relations with Component Cities and
Municipalities
2.
Review of Executive Orders
3.
Submission of Municipal Questions to the
Provincial Legal Officer or Prosecutor
4.
City and Municipal Supervision over their
Respective Baranggays
5.
Cooperative Undertakings Among LGUs
F.
Relations with POs and NGOs
1.
Role of POs and NGOs
2.
Linkages with POs and NGOs
3.
Assistance to POs and NGOs
G.
Local Prequalification, Bids and Awards Committee and
Local Technical Committee
III. Elective Officials
A.
Qualifications and Elections

B.

C.

D.

1.
Qualifications
2.
Disqualifications
3.
Manner of Election
4.
Date of Election
5.
Term of Office
Vacancies and Succession
1.
Permanent Vacancies in the Offices of the
Governor, Vice Governor, Mayor and Vice Mayor
2.
Permanent Vacancies in the Sangguinian
3.
Temporary Vacancy in the Office of the Local
Chief Executive
4.
Approval of Leaves of Absences
Local Legislation
1.
Local Legislative Power
2.
Presiding Officer
3.
Internal Rules of Procedure
4.
Full Disclosure of Financial and Business
Interest of Sanggunian Members
5.
Sessions
6.
Quorum
7.
Approval of Ordinances
8.
Veto Power of the Local Chief Executive
9.
Review of Component City and Municipal
Ordinances or Resolution by the Sangguniang
Panlalawigan
10. Review of Baranggay Ordinances by the
Sangguniang Panlungsod or Sangguniang Bayan
11. Enforcement of Disapproved Ordinances or
Resolutions
12. Effectivity of Ordinances or Resolutions
Disciplinary Actions
1.
Grounds for Disciplinary Actions

E.

F.
IV.

2.
Form and Filing of Administrative Complaints
3.
Notice of Hearing
4.
Preventive Suspension
5.
Salary of Respondent Pending Suspension
6.
Rights of Respondent
7.
Form and Notice of Decision
8.
Administrative Appeals
9.
Execution Pending Appeals
Recall
1.
By whom exercised
2.
Initiation of the Recall Process
3.
Election of Recall
4.
Effectivity of Recall
5.
Prohibition from Resignation
6.
Limitations on Recall
7.
Expenses Incident to Recall Elections