Ochoa
-Share of LGU’s in national taxes
Alvarez v. Guingona
-conversion of Santiago City into an independent component city
Factors to consider:
1. Population
2. Income (includes share in national wealth, share in the taxes collected by the national
government) -> Sec. 5: Taxes, Fees + charges BIR (IRA)
Sec.6: Mandanas v. Ochoa -> national taxes < BOC (Tariff Code)
Sec. 7: Share in te national wealth (national resources).
LCP v. COMELEC
57 Bills for upgrading
33 Bills were approved
24 Bills remained pending
During the pendency of considering the 24 Bills, Congress approved a higher income for
upgrading (P20M income to P100M) out of the 24 Bills, 16 Bills were exempted from the new income
requirement (P100M / up. income)
LCP challengedthe exemption as it is violative of the constitutional provision + the laws passed in
accordance with the constitutional provision.
SC:
1st Decision: Not valid
2nd Decision: Valid
3rd Decision: Not Valid
4th and final Decision: Valid
*expanded power of judicial review to meet the ends of justice.
Concepts / Principles:
1. Police Power
2. Power to enact laws/ordinances
3. Political subdivision (plebiscite) -> Section 11, Art. X (CONSTI)
4. Limitations found in charter
MMDA v. GARIN
-MMDA challenged the decision of RTC which gave due course to the complaint of Garin.
Garin challenged the authority of MMDA to confiscate his license + impound his vehicle. He said he was
denied due process.
SC: MMDA cannot confiscate the license.
Concepts/Principles:
1. Power of control and supervision – All executive offices/departments of gov’t or MMDA, DOTC
(DOTr)
2. Primary jurisdiction
3. Police Power
4. Political Subdivision
5. Ultra vires
SC: Petition is DENIED. MMDA has no power to regulate the installation of billboards and other adv.
materials.
*Non-impairment clause
DISOMANGCOP v. DATUMANONG
-premised on the creation of the ARMM, a special organic act created it:
Issue: special power was granted to LGU (Art.X CONSTI). -> Sec.20
***SEMA v. COMELEC:
-Two factors in delegation of power:
1) Completeness Test – Pursuant to… (plebiscite)
2) Sufficient standard test
KIDA v. SENATE
Congress may decide on another election date (except that for President and VP)
*snychronization of election date.
ORDILLO v. COMELEC
CAR:benguet
Ifugao
Mt. Province
Ifugao
Abra
Kalinga
Apayao
And Baguio City
Result of Plebiscite: only ifugao voted in favour of creation of CAR.
Comelec: Pwede nay an
SC: You cannot create an autonomous region with only ONE province voted for it.
MIDTERMS:
9 Questions
Case of Sema.
Sec. 5 (3) of Art. VI.
When is plebiscite needed
*if congressional district, no need for plebiscite. But if the political subdivision, it is needed.