Malonzo v zamora gr no 137718 july 27 1999

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Unformatted text preview: No. 135927. June 26, 2000) 2. Q: Who may abolish a LGU? A: 1. Congress – in case of provinces, city, municipality, or any other political subdivision. 2. Sangguniang Panlalawigan or Sangguniang Panglungsod – in case of a barangay, except in Metropolitan Manila area and in cultural communities. (Sec.9 R.A. 7160) Q: What are the requirements prescribed by law in abolishing LGUs? A: 1. The law or ordinance abolishing a local government unit shall specify the province, city, municipality, or barangay with which the local government unit sought to be abolished will be incorporated or merged. (Sec.9 R.A. 7160) 3. General Welfare provisions – liberally interpreted to give more powers to the local government units in accelerating economic development and upgrading the quality of life for the people in the community Rights and obligations existing on effectivity of this LGC and arising out of contracts – governed by the original terms and conditions of said contracts or the law in force at the time such rights were vested Resolution of controversies where no legal provision or jurisprudence applies – Resort to the customs and traditions of the place where the controversies take place. (Sec. 5, R.A. 7160) 1. PRINCIPLES OF LOCAL AUTONOMY Q: What is the principle of local autonomy? A: Under the 1987 Constitution, it simply means decentralization; it does not make the local governments sovereign within the state or an “imperium in imperio”. (Basco v. PAGCOR, G.R. 91649, May 14, 1991) ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de Derecho Civil VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ 187 UST GOLDEN NOTES 2011 Q: Distinguish decentralization of administration (DA) from decentralization of power (DP). A: DA Consists merely in the delegation of administrative powers to broaden the base of gov...
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