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Unformatted text preview: AY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ 201 UST GOLDEN NOTES 2011 3. Liability for tort Note: Liability for tort – may be held for torts arising from the performance of its private and proprietary functions under the principle of respondeat superior. They are also liable for back salaries for employees illegally dismissed/separated or for its refusal to reinstate employees. Q: What are the conditions under which a local executive may enter into a contract in behalf of his government unit? A: WAFAC 1. The contract must be Within the power of the municipality 2. The contract must be entered into by an Authorized officer (e.g. mayor with proper resolution by the Sangguniang Bayan, Sec. 142 LGC) 3. There must be appropriation and Certificate of availability of funds 4. The contract must conform with the Formal requisites of a written contract as prescribed by law; and 5. In some cases the contract must be Approved by the President and/or provincial governor (Sec. 2068 and Sec. 2196, Revised Adm. Code) Q: What is the doctrine of Implied Municipal Liability? A: A municipality may become obligated upon an implied contract to pay the reasonable value of the benefits accepted or appropriated by it as to which it has the general power to contract. (Province of Cebu v. IAC, G.R. No. L‐72841, Jan. 29, 1987) Note: Estoppel cannot be applied against a municipal corporation in order to validate a contract which the municipal corporation has no power to make or which it is authorized to make only under prescribed limitations or in a prescribed mode or manner – even if the municipal corporations has accepted benefits thereunder. (Favis vs. Municipality of Sabangan, G.R. No. L‐26522, February 27, 1969) Q: State the rules on municipal liability for tort. 202 A: 1. 2. LGU‐engaged (governmental function) – not liable LGU‐engaged (proprietary function) – th liable (Rodriguez, p.105, LGC 5 Edition) 2.h. Settlement of Boundary Disputes Q: State how the two local government units should settle their...
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