pub corp general powers and attributes

8/13/2019 pub corp general powers and attributes

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The Powers ofLocal Governments

Randy Nier G. SaladeroTess Abellon

College of Law


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Sources of the LGUsPowers

Constitution of 1987Local Government Code of 1991Existing Laws (Charter)Doctrine of the Right to Self-Government


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Classification of Powers


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Express and Implied Powers

Inherent Powers

Legislative and Executive PowersIntramural and Extramural Powers

Governmental and Municipal

Mandatory and Discretionary


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1. General Welfare

Every local government unit shall exercise the powers expresslygranted, those necessarily implied therefrom, as well as powersnecessary, appropriate, or incidental for its efficient andeffective governance, and those which are essential to thepromotion of the general welfare. Within their respective

territorial jurisdictions, local government units shall ensure andsupport, among other things, the preservation and enrichmentof culture, promote health and safety, enhance the right of thepeople to a balanced ecology, encourage and support thedevelopment of appropriate and self-reliant scientific andtechnological capabilities, improve public morals, enhanceeconomic prosperity and social justice, promote full employmentamong their residents, maintain peace and order, and preservethe comfort and convenience of their inhabitants. (sec. 16, RA7160)


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A. Limitations:1) It must not contravene the constitution or any statute.2) It must not be unfair or oppressive.3) It must not be partial or discriminatory.

4) It must not prohibit but may regulate trade.5) It must be general and consistent with public policy.6) It must not be unreasonable.

(Magtajas vs Pryce, GR. No. 111097)


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Basic Services and Facilities.

(a) Local government units shall endeavor to be self-reliant and shall continue exercising the powers anddischarging the duties and functions currently vestedupon them. They shall also discharge the functions and

responsibilities of national agencies and officesdevolved to them pursuant to this Code. Localgovernment units shall likewise exercise such otherpowers and discharge such other functions andresponsibilities as are necessary, appropriate, orincidental to efficient and effective provisions of thebasic services and facilities.


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Power to Generate and Apply Resources. - Local government unitsshall have the power and authority to establish an organization thatshall be responsible for the efficient and effective implementation oftheir development plans, program objectives and priorities; to createtheir own sources of revenues and to levy taxes, fees, and chargeswhich shall accrue exclusively for their use and disposition and whichshall be retained by them; to have a just share in national taxes whichshall be automatically and directly released to them without need ofany further action; to have an equitable share in the proceeds from theutilization and development of the national wealth and resources withintheir respective territorial jurisdictions including sharing the same withthe inhabitants by way of direct benefits; to acquire, develop, lease,encumber, alienate, or otherwise dispose of real or personal propertyheld by them in their proprietary capacity and to apply their resources

and assets for productive, developmental, or welfare purposes, in theexercise or furtherance of their governmental or proprietary powers andfunctions and thereby ensure their development into self-reliantcommunities and active participants in the attainment of national goals.


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Fundamental Principles. (a) Taxation shall be uniform in each local government unit;

(b) Taxes, fees, charges and other impositions shall:(1) be equitable and based as far as practicable on the taxpayer'sability to pay;(2) be levied and collected only for public purposes;(3) not be unjust, excessive, oppressive, or confiscatory;

(4) not be contrary to law, public policy, national economic policy,or in the restraint of trade;(c) The collection of local taxes, fees, charges and other impositionsshall in no case be let to any private person;(d) The revenue collected pursuant to the provisions of this Codeshall inure solely to the benefit of, and be subject to the dispositionby, the local government unit levying the tax, fee, charge or otherimposition unless otherwise specifically provided herein; and,(e) Each local government unit shall, as far as practicable, evolve aprogressive system of taxation


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Reclassification of Lands 1. A city or municipality may, through an ordinance

passed by the sanggunian after conducting publichearings for the purpose, authorize thereclassification of agricultural lands and provide for

the manner of their utilization or disposition in thefollowing cases:

1. when the land ceases to be economicallyfeasible and sound for agricultural purposes as

determined by the Department of Agriculture


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2. where the land shall have substantially greater economic valuefor residential, commercial, or industrial purposes, as determinedby the sanggunian concerned: Provided, That such reclassificationshall be limited to the following percentage of the total agriculturalland area at the time of the passage of the ordinance:

(1) For highly urbanized and independent component cities, fifteen

percent (15%);(2) For component cities and first to the third class municipalities,ten percent (10%); and(3) For fourth to sixth class municipalities, five percent (5%):Provided, further, That agricultural lands distributed to agrarianreform beneficiaries pursuant to Republic Act Numbered Sixty-sixhundred fifty-seven (R.A. No. 6657). otherwise known as "TheComprehensive Agrarian Reform Law", shall not be affected by thesaid reclassification and the conversion of such lands into otherpurposes shall be governed by Section 65 of said Act.


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Closure and Opening of Roads (a) A local government unit may, pursuant to an ordinance,permanently or temporarily close or open any local road, alley, park,or square falling within its jurisdiction: Provided, however, That incase of permanent closure, such ordinance must be approved by atleast two-thirds (2/3) of all the members of the sanggunian, andwhen necessary, an adequate substitute for the public facility that is

subject to closure is provided.No such way or place or any part thereof shall be permanentlyclosed without making provisions for the maintenance of publicsafety therein. A property thus permanently withdrawn from publicuse may be used or conveyed for any purpose for which other real

property belonging to the local government unit concerned may belawfully used or conveyed: Provided, however, That no freedompark shall be closed permanently without provision for its transfer orrelocation to a new site.


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Local Legislative Power

Local legislative power shall be exercised bythe sangguniang panlalawigan for theprovince; the sangguniang panlungsod forthe city; the sangguniang bayan for themunicipality; and the sangguniang barangayfor the barangay.


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Presiding Officer. -(a) The vice-governor shall be the presiding officer ofthe sangguniang panlalawigan; the city vice-mayor, ofthe sangguniang panlungsod; the municipal vice-mayor,of the sangguniang bayan; and the punong barangay, ofthe sangguniang barangay. The presiding officer shall

vote only to break a tie.(b) In the event of the inability of the regular presidingofficer to preside at a sanggunian session, the memberspresent and constituting a quorum shall elect from

among themselves a temporary presiding officer. Heshall certify within ten (10) days from the passage ofordinances enacted and resolutions adopted by thesanggunian in the session over which he temporarilypresided.


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Corpora te Pow ers . - (a) Every local government unit, as a corporation, shallhave the following powers:(1) To have continuous succession in its corporatename;

(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; and

(6) To exercise such other powers as are granted tocorporations, subject to the limitations provided in thisCode and other laws.


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- Unless otherwise provided in this Code, no contractmay be entered into by the local chief executive inbehalf of the local government unit without priorauthorization by the sanggunian concerned. A legiblecopy of such contract shall be posted at a conspicuousplace in the provincial capitol or the city, municipal orbarangay hall.- Local government units shall enjoy full autonomy inthe exercise of their proprietary functions and in the

limitations provided in this Code and other applicablelaws,


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Authority to Negotiate and Secure Grants. Local chief executives may, upon authority of the sanggunian,

negotiate and secure financial grants or donations in kind, insupport of the basic services or facilities enumerated under Section17 hereof, from local and foreign assistance agencies withoutnecessity of securing clearance or approval therefor from anydepartment, agency, or office of the national government of fromany higher local government unit: Provided, That projects financedby such grants or assistance with national security implications shallbe approved by the national agency concerned: Provided, further,That when such national agency fails to act on the request forapproval within thirty (30) days from receipt thereof, the same shallbe deemed approved.The local chief executive shall, within thirty (30) days upon signingof such grant agreement or deed of donation, report the nature,amount, and terms of such assistance to both Houses of Congressand the President.

pub corp general powers and attributes

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