Thattheratethatthecitymaylevy may exceed the maximum

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Unformatted text preview: stituted by the incorporation of inhabitants for purposes of local government. It is established by law partly as an agency of the State to assist in the civil government of the country, but chiefly to regulate and administer the local or internal affairs of the city, town or district which is incorporated. (Dillon, Mun. Corp., Vol.2, pp. 58‐ 59.) GOCCs Purpose Performance of functions relating to public needs Administration of whether Governmental or local government Proprietary in nature Who creates By the state either by general or special act Q: What is the nature and function of a municipal corporation? Q: What are the different types of municipal corporations? A: PUBLIC CORPORATION and municipalities, upon the recommendation of the sangguniang concerned provided that the same shall be effective only upon ratification in a plebiscite conducted for the purpose in the political unit directly affected. (R.A. 7160, Sec. 13) A: 1. 2. By Congress or by incorporators 3. How created (1) Original charters or special laws or (2) general By legislation corporation law as a stock or non‐stock corporation b. MUNICIPAL CORPORATIONS Q: What are the essential elements of a municipal corporation? A: 1. Legal creation 2. Corporate name 3. Inhabitants constituting the population who are vested with political and corporate powers th 4. Territory (Rodriguez, p.4, LGC 5 Edition) Note: The sangguniang panlalawigan may, in consultation with the Philippine Historical Commission change the name of component cities De jure municipal corporations – created or recognized by operation of law. Municipal corporations by prescription – exercised their powers from time immemorial with a charter, which is presumed to have been lost or destroyed. De facto municipal corporations – where the people have organized themselves, under color of law, into ordinary municipal bodies, and have gone on, year after year, raising taxes, making improvements, and exercising their usual franchises, with their rights dependent quite as much on acquiescence as on the regularity of their origin. (Rodriguez, pp.17‐18, LGC th 5 Edition) N...
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