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UNIT IV GENERAL POWERS AND ATTRIBUTES OF LOCAL GOVERNMENT UNITS Introduction Every local government unit is endowed with powers to be exercised by it as a political subdivision of the national government and as a corporate entity for and in behalf of its people. The powers of local governments include those expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those essential to the promotion of the general welfare.
Objectie! o" t#e Unit At the end of the fourth unit, you should be able to:
learly recite the powers and attributes of !"#s$
%istinguish express powers from implied powers$ legislative powers from executive powers$ internal powers from external powers$ and mandatory powers from discretionary powers of !"#s$
%efine inherent power and enumerate the types of inherent power$
Explain revenue power$ and
%efine general welfare and eminent domain and explain the
Su$$ Su$$e! e!ted ted 2 hours
Ti%e Ti%e"r "r&% &%e' e'
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Gener&( Po)er! o" LGU! E*+re!! &nd I%+(ied Po)er! Express powers are those granted by express provision of law. !ocal governments are expressly granted powers by ma'or sources li(e the )*+ onstitution particularly its provisions on local government, -epublic Act o. )/0, otherwise (nown as the !ocal "overnment ode of )**), the -ules and -egulations 1mplementing the !ocal "overnment of )**), and all existing laws, acts, decrees, executive orders, proclamations and administrative regulations on local government insofar as they are not inconsistent with the onstitution and the !ocal "overnment ode. 1mplied powers are those that are implied in or incidental to the exercise of powers that are expressly granted. The other powers of local governments are the inherent powers, legislative powers, executive powers, intramural and extramural powers, municipal powers, mandatory powers, and discretionary powers. 1nherent powers are those that are essential for the existence of the municipal corporation and indispensable for the prosecution of its avowed ob'ects and purposes.
Cor+or&te,
Le$i!(&tie
&nd
E*ecutie Po)er! As a municipal corporation, every local government unit has the following corporate or inherent powers, namely: )3 to have continuous succession in its corporate name$ 23 to sue and be sued$ 3 to have and use a corporate seal$ 43 to ac&uire and convey real or personal property$ 53 to enter into contracts$ and /3 to exercise such other powers as are granted to corporations, sub'ect to the limitations provided in the ode and other laws 6ec. 227a3. A local government unit may enter into contracts in behalf of its chief executive through an ordinance by the sanggunian concerned authori8ing him to do so. 9rdinances are passed in the exercise of inherent powers of the municipal corporations. !egislative power refers to the power of the municipal corporations to ma(e ordinances while executive power is the power to execute or implement such ordinances.
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Intern&( &nd E*tern&( Po)er!M&nd&tor. &nd Di!cretion&r. Po)er! The powers a municipal corporation exercises within the limits of its defined authority are called intramural or internal powers while those that it executes without or outside its defined authority are referred to as extramural or external powers. Examples of municipal powers are the erection of waterwor(s, the provision of electricity, management of a public mar(et, or any other activity from which the municipal corporation derives a profit. andatory powers are those that may be re&uired of municipal corporations while discretionary powers are those which municipal corporations may or may not perform depending on their sound 'udgment and discretion.
Reenue Po)er! !i(ewise, they are authori8ed to create their own sources of revenues and levy taxes, fees and charges that will accrue exclusively for their use and disposition and are retained by them, entitled to a 'ust share in national taxes. These shall be automatically released to them and without need for a legislation authori8ing the same or for further action, and to have a 'ust and e&uitable share in the proceeds from the use or utili8ation and development or exploitation of the national wealth and resources within their respective territorial boundaries including the sharing of such proceeds with the inhabitants therein by way of direct benefits.
Gener&( We("&re ;ithin their respective territorial 'urisdictions, local government units are mandated to promote the general welfare. "eneral welfare consists of: )3 the preservation and enrichment of culture$ 23 promotion of health and safety of the inhabitants$ 3 enhancement of the right of the people to a balanced ecology$ 43 encouragement and provision of support to the development of appropriate and self7reliant and scientific and technological capabilities$ 53 imposition of public morals$ /3 enhancement of economic prosperity and
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social 'ustice$ 3 promotion of full employment among their residents$ +3 maintenance of peace and order$ and *3 preservation of the comfort and convenience of their inhabitants 6ec. )/, !"3. !ocal government units are also directed to discharge such functions as are necessary and proper, appropriate, or incidental to the efficient and effective provision of basic services and facilities 6ec. ), !"3. !ocal government units also have the power and authority to organi8e or establish or put up their development and planning offices. 6uch offices are charged with the efficient and effective implementation of their development plans and programs ob'ectives and priorities. !ocal development planning is extensively discussed, infra.
E%inent Do%&in !ocal government units may also ac&uire, develop, lease, encumber, alienate, or otherwise dispose of real or personal property held by them in their proprietary or private capacity. 1n consonance hereto, they can apply their resources and assets for productive, developmental or welfare purposes, in the exercise or furtherance of their governmental or proprietary powers and functions to ensure their development to the fullest extent possible as self7 reliant, or self7contained, or self7sustaining communities and active participants in and contributors to national development goals 6ec. )+, !"3. !ocal government units are not possessed with the inherent power of eminent domain. 6ec. )*3. The exercise of the sovereign right of eminent domain, to be valid must conform to three re&uirements, namely: )3 the ta(ing must be for public use, purpose or welfare of the poor and the landless$ 23 'ust compensation must be paid$ and 3 due process must be observed in the ta(ing. Eminent domain may not be exercised unless a valid and specific or definite offer by the local government unit has been made and such has not been accepted. . 1f the owner accepts the offer, then there is no need for expropriation proceedings.
Pub(ic U!e, Pur+o!e, or We("&re
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Among others, the following are considered public use, purpose or welfare: )3 sociali8ed housing$ 23 construction or extension of roads, streets, sidewal(s, viaducts, bridges, ferries, levers, wharves, piers$ 3 establishment of par(s, playgrounds, or pla8as$ 43 establishment of mar(et places and trading centers$ 53 construction of artesian wells or water supply systems$ /3 establishment of cemeteries or crematories$ 3 construction?establishment of drainage systems, cesspools, or sewerage systems$ +3 construction of irrigation canals, laterals or dams$ *3 establishment of infant nurseries, health centers, feeding centers, clinics, or hospitals$ )03 establishment of abattoirs$ and ))3 building of research centers, breeding and gene pools, or dispersal centers for animals 6ec. , -ule @1, 1--3.
Re/ui!ite! Three re&uisites are necessary before a private property is ac&uired by a local government for public use, purpose or welfare. The suitability of the property sought to be ac&uired must first be established. 9nce this is accomplished, the !"# may then proceed to obtain the necessary locational clearance from proper authorities. 9ther re&uirements imposed under existing laws and regulations will have to be obtained.
O0er to Bu. &nd Contr&ct o" S&(e The offer to purchase private property for public purpose has to be in writing and must be specific. 1t should specify the property sought to be ac&uired by the !"#, the 'ustifications or reasons for its ac&uisition, and the price offered by the !"#. An ordinary sale of property will then ta(e place. 1f the owner is willing to sell the property but at a higher price than the price offered, the chief executive shall call the owner to a conference to agree on the selling price. The chair of the appropriation or finance committee of the sanggunian or any member of sanggunian in the absence of the former chosen by the sanggunian as its representative shall attend and participate in the conference. ;hen an agreement on the selling price of the property is reached, a contract of sale is executed. The contract of sale should be supported by a resolution, which shall specify the terms and conditions, of the sanggunian authori8ing the local chief executive to enter into a contract of sale, an ordinance appropriating the amount stated in the contract, and a certification of the local treasurer as to the availability of the funds intended for the purchase of the property involved.
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E*+ro+ri&tion Proceedin$! 1f the offer is re'ected by the owner of the property involved after filing the re&uisite expropriation proceedings sub'ect to the deposit of at least )5 of the fair mar(et value of the property based on the current tax declaration of the property being sub'ected to expropriation. Bust compensation, which is the fair and full e&uivalent of the loss or damage sustained by the owner of the property resulting from the act of expropriation, is determined by the 'udiciary pursuant to -ule / of the -ules of ourt. The same rule provides that 'ust compensation should be determined at the time of the filing of expropriation proceedings 6ec. 4, -ules of ourt3. This rule is affirmed in the celebrated case of ECDA @. %ulay )4* 6-A 05, April 2*, )*+3 wherein the 6upreme ourt proclaimed that 'ust compensation is based on the value of the property at the time of ta(ing. air mar(et value is the full and fair e&uivalent of the property ta(en plus the conse&uential damages minus the conse&uential benefits, if any, provided, however, that the conse&uential benefits do not exceed the conse&uential damages. "enerally, however, powers of municipal corporations are two7fold: public, governmental or political and corporate, private and proprietary. ity of anila v. 1ntermediate Appellate ourt )* 6-A 42+3 is the authority with regards to the definition of public and proprietary powers. 1n this case, the highest court defined governmental powers as those exercised in administering the powers of the 6tate and promoting the public welfare and they include legislative, 'udicial, public and political. 9n the other hand, proprietary powers are those carried out of the special benefit and advantage of the community including those which are ministerial, private and corporate.
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A!!e!!%ent ill in the blan(s. 1 want you to supply the missing word or phrase in the blan( space provided. Tear?cut off this sheet after filling in the blan(s and submit it to your tutor?instructor for evaluation?correction. Fe sure that you put a mar( on your paper that will indicate your ownership of it.
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). Express powers are those granted by GGGGGGGGGGGGGGGGGG provision of law. 2. 1mplied powers are those that are implied in or GGGGGGGGGGGGGGGGGGG to the exercise of powers that re expressly granted. . !egislative power refers to the power of a municipal corporation to ma(e GGGGGGGGGGGGGGGGGGGGGGGGGGG. 4. The power of a municipal corporation to execute or GGGGGGGGGGGGGGGGGG ordinances it has passed. 5. The powers a municipal corporation exercises within the limits of its defined authority are called intramural or GGGGGGGGGGGGGGGGGGGGG powers. /. The powers a municipal corporation executes without or outside of its defined authority are referred to as extramural or GGGGGGGGGGGGGGGGGGGGG powers. . Cowers that may be re&uired of municipal corporations are called GGGGGGGGGGGGGGGGGGGGGG powers. +. Cowers which municipal corporations may or may not perform depending on their sound 'udgment and discretion are called GGGGGGGGGGGGGGGGGGGG powers. *. The power of GGGGGGGGGGGGGGGGGGGGGGG refers to the power of the 6tate, delegated to local governments, to ta(e private property for public use, upon the payment of 'ust compensation, and with the observance of due process of law. )0. The fair and full e&uivalent of the private property ta(en plus the conse&uential damages minus the conse&uential benefits, if any, provided that the conse&uential benefits do not exceed the conse&uential damages is called GGGGGGGGGGGGGGGGGGGGGGGGGGGGG.
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Su%%&r. This unit has introduced you to the general powers and attributes of !"#s. These powers and attributes are necessary for efficient and effective
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local governance and for the promotion of the general welfare, which !"#s are mandated to uphold.
