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1. Nature of LGUs

1. Nature of LGUs. Questions: Can Congress establish a ‘ Federal Philippines ’? Are LGUs empires within an empire ? Is IRA still considered in the conversion of LGUs ? Distinguish: ARMM, CAR, MMDA and a Province Can a LGU acquire water rights ? Is there LGU Separation of Powers ?

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1. Nature of LGUs

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  1. 1. Nature of LGUs Questions: • Can Congress establish a ‘Federal Philippines’? • Are LGUs empires within an empire? • Is IRA still considered in the conversion of LGUs? • Distinguish: ARMM, CAR, MMDA and a Province • Can a LGU acquire water rights? • Is there LGU Separation of Powers? • Is LGU approval required before MMDA/ NAPOCOR adopts a project in the LGU?

  2. 1. Nature of LGUs • “Ours is still a unitary form of government, not a federal state.” • LGUs are Political Subdivisions • Not “Imperium in Imperio”, Not Independent Sub-National Units • LGUs as Agents of the State (also of the People/ Community) • LGU Dual Capacities: Governmental/ Public and Proprietary/ Private • Sources of Powers: Constitution and Law (No Inherent Powers) • Legislative Separation of Powers • Corporate Succession (Contractual Obligations)

  3. 1. Nature of LGUs Creation • Legislative Act – Charter (Not Executive unless State Recognition and No Judicial Dissolution); ARMM can create by authority of law • Criteria for Cities: Income (locally generated + IRA[?]) and Population or Land Area (cluster of barangays not criterion); LGC criteria not charter • Distinct Personality: Municipality to a City • Failure to identify Seat of Government • Plebiscite (directly affected; upgrade and downgrade; boundary disputes; plebiscite protest cases – Comelec; apportionment of districts) • Assail Existence: Quo Warranto (5 years)

  4. 1. Nature of LGUs Municipal Waters • General Welfare, Protect Environment • Carry out Devolution (enforcement of Fishery Laws) • Fishery Privileges: Revenue Raising • Limited by Special Laws (e.g. LLDA) Municipal Waterworks • Water Districts (Not Water Corporations) • Water Rights (Right to Oppose, No Right to Appropriate)

  5. 1. Nature of LGUs

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