In case of barangays the period shall be 18 months

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Unformatted text preview: ernmental power. DP Involves abdication by the national government of political power in favor of LGUs declared autonomous. Q: Define devolution with respect to local government units. A: The act by which the national government confers power and authority upon the various local government units to perform specific functions and responsibilities. 2. GENERAL POWERS AND ATTRIBUTES OF A LOCAL GOVERNMENT UNIT Q: What are the sources of powers of a municipal corporation? A: 1. Constitution 2. Statutes (e.g. LGC) 3. Charter 4. Doctrine of right to Self‐Government (but only to those where it can be applied) Q: What are the classifications of municipal powers? A: 1. Express, Implied, Inherent 2. Government or public, Corporate or private 3. Intramural, extramural 4. Mandatory, directory; ministerial, discretionary Q: How are powers to be executed? 2. Q: What are the different governmental powers of the LGU? A: 1. Police power 2. Basic services and facilities 3. Power to generate and apply resources 4. Power of eminent domain 5. Taxing Power 6. Reclassification of Land 7. Local legislative power 8. Closure and opening of roads 9. Corporate Powers 10. Liability of LGUs 11. Settlement of Boundary Disputes 12. Succession of Local Officials 13. Discipline of Local Officials 14. Authority over police units 2.a. Police Power Q: What is the nature of the police power of the LGU? A: The police power of the LGU is not inherent. LGUs exercise the police power under the general welfare clause. (Sec 16, R.A. 7160) Q: What are the requisites/limitations for the exercise of the police power for it to be considered as properly exercised? A: 1. 2. 3. A: 1. Where statute prescribes the manner of exercise, procedure must be followed. Where the law is silent, LGU have the discretion to select reasonable means and methods to exercise (Rodriguez, pp. th 9‐10, LGC 5 Edition) 4. The interests of the public generally, as distinguished from those of a particular class, require the interference of the state. (Equal protection clause) The means employed are reasonably necessary for the attainment of the ob...
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