History and Evolution of Philippine Local Government and Administration By Proserpina Domingo Tapales A.

Baranganic States - When the Spaniards arrived in 1521, they found thriving socio-economic units called barangays and sovereign political units called barangays or sultanates. - Datu: acted as legislator, judge and execution with the assistance of the council of elders; often passed on to the best male in the community - Babaylan: religious ceremonies, doctor - Panday: technology - Clusters of barangays were grouped together but most of them belonged to the same kin. - Each barangay had all the elements of a state (Arcellana, 1954). B. Colonization and Centralization - Magellan saw the scattered settlements of barangays. He used the Catholic religion to get deeper into each community. - The residents of barangays were portioned off to whomever encomendero was entrusted a portion of land. The natives were settled in encomiendas for the purpose of systematic religious training. - Legazpi started organizing other local governments by virtue of Royal Decree of 1583. provincias pueblos cabildos barrios - The parish priest played a major role in the selection of leaders; he presides over the elections. - The Maura Law of 1893 sought reforms in the local government system, to confer upon the towns and provinces of Luzon and alcalde mayor gobernadorcillo 2 alcaldes, 8 regidores, 1 registrar, 1 constable

Visayan islands greater measure of local autonomy. C. Brief Period of Filipinization - When the Spaniards left, Aguinaldos chief adviser Mabini drew up a plan of local government aimed to prevent anarchy and to acquire support for Aguinaldos government. - Each towns elected a President, one for police and internal order, one for justice and civil registry, and another for collection of taxes and management of property. - The Malolos Constitution provided for the creation of municipal assemblies to administer the affairs of the towns and assemblies of the provinces. - The curtailment of local autonomy during that era was justified by the precarious times when unity was xo dxxdngizl. D. Return to Centralism: Local Government During the American Occupation - Local administration had to be created in certain areas capture by the Anerucans for ease of administration. - The town government was the first form of local government established. - The Shuman Commission came up with its blueprint for organization: President was elected viva voce by the residents - By 1907, the popular election became the selection mode for local officials. - The Americans did not really introduce the concept of local autonomy. They maintained a system of hierarchy and centralization that was attuned to Philippine experience. E. Local Government in the Post-War Era - The 1935 Constitution mentioned local government only in connection with the Presidents power of general supervision. Congress may determine the parameters of that supervision through legislation. - In recognition of the historical right of the people to self-government, it was proposed that a separate article should be provided. But there were those who believed that state

OCTAVIANO, Leslie Anne O. Local Governments Case Digests

control over local governments was necessary so the resulting provision in Constitution was a compromise. - The cities were governed by their own charters which were enacted by Congress. - An extent of local government autonomy and a degree of limitation on the Presidents power were upheld. - A significant change in the Philippine local governments: the general powers to raise revenues. - The Philippines became an independent republic didnt alter the centralist relationship between the national and local governments. F. Local Government Undder Martial Law - The draft of the 1973 Constitution contained a separate article on local government was provided, giving emphasis on the process of local governance; the article mandated Congress to enact a Local Government Code. - Before the Integrated Reorganization Plan was passed, Marcos declared Marital Law. - PD 824: The municipalities surrounding Manila were integrated into a political region and a metropolitan system of governancethe Metropolitan Manila Commission was established, with Imelda Marcos as the Governor. This brought the weakening of the cities and municipalities of the Metro region. - There were no local elections held until 1980, such that the set of local officials elected in 1971 continued to hold office for 8 years. - In 1983, the Batasang Pambansa enacted the Local Government Code through BP 337. It provided a criteria for the creation of LGUs based on income in population. G. People Power at EDSA, People Power at the Grassroots - Aquinos Secretary of Local Government then, Pimentel, terminated the services of the incumbent governors and mayors and installed officers-in-charge in their stead.

- Pimentel worked on a new LGC. The Codes most important feature is the decentralization of five basic services health, agriculture, social welfare, public works and environmental and natural resources. Manpower and financial resources were transferred to the local units. - There was also increased people participation in the process of governance and local development. - The Code modifies the sectors to include women, agricultural and industrial workers, ethnic groups and the urban poor. The Evolution of Local Government in the Philippines By Raul de Guzman, Mila Reforma, Elena Panganiban A. Introduction - Barangays origin can be traced to preSpanish institution. It is the only indigenous local government unit in the Philippines. - Like the Spaniards, the Americans also established a democratic system of local government. - The trend towards decentralization started with the Third Republic. This was reversed in favor of centralization during martial law. - The LGC retained the basic structure of local governments. B. The Pre-Spanish Period - The Filipino ancestors established the barangays, which is roughly equivalent to the Greek city-state. - Power and authority were concentrated in the hands of the datu. C. The Spanish Period - The barangays were transformed into barrios and the datus relegated to the tole of tax collectors, known as cabeza de barangay. - The Governor-General was the supreme authority in all local matters. The provincial and municipal officials were his agents.

OCTAVIANO, Leslie Anne O. Local Governments Case Digests

D. The Revolutionary Period - Mabini believed that the strength of democracy rested on the municipal government. E. The American Period - McKinleys instructions that smaller subdivisions be given the powers needed to operate in the local level were not implemented because of the 1) lack of any officials capable of assuming direction and 2) presence of military struggles. - Even if there were elections in provinces and municipalties, the ultimate control of these actions was lodged in Manila. F. The Commonwealth Period - The 1935 Constitution ushered in the era of the Philippine Commonwealth. - The trend towards centralization duried this period was due to the strong leadership of Manuel Quezon. He believed that a unitary system, does and should control all local offices. Laws were enacted giving the President the power to define the boundaries of local governments. G. The Third Republic - The trend was towards decentralization. Congress passed a number of laws giving more autonomy to local governments through the grant of additional powers or through the lessening of national control on local affairs. - Significant legislative enactments on local government were passed during this period. This enabled the LGUs to impose taxes and enforce ordinances. Such legislation includes: a. Barrio Charter (RA 2370) b. Local Autonomy Act (RA 2264) c. The Decentralization Act of 1967 (RA 5185) H. The Martial Law Period - The 1973 Constitution gave the President the power to create, divide, merge, abolish,

and alter boundaries of LGUs. The suspension of local elections allowerd the President to exercise his power to remove and appoint local officials. - Marcos made reforms regarding the operations of local units. (e.g. Sangguniang Bayan, Pampook na Katipunan ng mga Sanggunian, Kabataang Barangay) I. The Post-Martial Law Period - Local autonomy is guaranteed by the 1973 Constitution and local governments are given the power to create their own sources of revenue to levy taxes. - The Constitution also encouraged local units to pool in their resources in development efforts by providing that LGUs may consolidate or coordinate their efforts and services for purposes commonly beneficial to them. - Instances of centralization during Martial Law: a. the power to merge or abolish local governments b. the extent of presidential power over local officials c. the integration of police, jail and fire services d. centralization of regulatory powers over buildings and tourist spots e. central direction in the planning of development programs f. proliferation of ministries - Instances of decentralization during Martial Law (more of a deconcetration or delagation of authority from central to field offices): a. the creation of regional governments b. the creation of regional ministries c. the creation of regional development councils d. the adoption of intergrated development approach

OCTAVIANO, Leslie Anne O. Local Governments Case Digests

J. The New Republic - The function of the Ministry of Local Government was to focus on the strengthening of the administrative and fiscal capabilites of the local government units. K. Towards Decentralization of Local Government in the Philippines - The choice between centralization and decentralization involves the determination of whether the promotion of development should be the main responsibility of the central government OR whether lower levels of government and non-governmental institutions should be more involved in the development effort. Centralization: unity of vision, comprehensiveness of planning - Decentralization: generation of widespread initiative, effort and, social responsibility throughout the society - Aquino developed the policy agenda for people-oriented development. Alvarez vs. Guingona G.R. No. 118303 January 31, 1996 Ponente: Hermosisima, Jr., J. Facts: In this Petition for Prohibition with prayer for Temporary Restraining Order and Preliminary Prohibitory Injunction, petitioners assailed the validity of Republic Act No. 7720, entitled, An Act Converting the Municipality of Santiago, Isabela into an Independent Component City to be known as the City of Santiago. Petitioners contend that Republic Act No. 7720 did not originate exclusively in the House of Representatives because a bill of the same import, SB No. 1243, was passed in the Senate. This is violative of Section 24, Article VI of the 1987 Constitution.

Petitioners also claimed that Santiago could not qualify into a component city because its average annual income for the last two consecutive years based on 1991 constant prices falls below the required annual income of P20 M for its conversion into a city. The average annual income, arrived at after petitioners deducted the IRAs, would only be P13,109,560.47. Issues: Whether or not Republic Act No. 7720 is constitutionally infirm a. WON the Internal Revenue Allotments (IRAs) are to be included in the computation of the average annual income of a municipality for purposes of its conversion into an independent component city b. Considering that the Senate passed SB No. 1243, its own version of HB No. 8817, WON Republic Act No. 7720 can be said to have originated in the House of Representatives Held: a. Yes. The IRAs shall be included in the annual income of a local government unit b. Yes. In the enactment of RA No. 7720, there was compliance with Section 24, Article VI of the 1987 Constitution. Ratio: A Local Government Unit (LGU) is a political subdivision of the State which is constituted by law and possessed of substantial control over its own affairs. It is regarded as a sovereign subdivision of one sovereign nation. The LGU is autonomous in the sense that it is given more powers, authority, responsibilities and resources. The power that was once highly centralized in Manila is now deconcentrated. With its broadened powers and increased responsibilities, a local government unit must now operate on a much wider scale. This will entail more expenses. To finance these operations, resources are availed of through the vesting in every local

OCTAVIANO, Leslie Anne O. Local Governments Case Digests

government unit of (1) the right to create and broaden its own source of revenue; (2) the right to be allocated a just share in national taxes, such share being in the form of internal revenue allotments (IRAs); and (3) the right to be given its equitable share in the proceeds of the utilization and development of the national wealth, if any, within its territorial boundaries. a. It is true that for a municipality to be converted into a component city, it must, among others, have an average annual income of at least Twenty Million Pesos for the last two (2) consecutive years based on 1991 constant prices. Such income must be duly certified by the Department of Finance. In the Local Government Codes IRR, which provide for the specific modes of spending, not less than twenty percent (20%) of the IRAs must be set aside for local development projects.9 As such, for purposes of budget preparation, which budget should reflect the estimates of the income of the local government unit, among others, the IRAs and the share in the national wealth utilization proceeds are considered items of income. The IRAs are items of income because they form part of the gross accretion of the funds of the local government unit. The IRAs regularly and automatically accrue to the local treasury without need of any further action on the part of the local government unit. They are a regular, recurring item of income; They thus constitute income which the local government. b. It cannot be denied that HB No. 8817 was filed in the House of Representatives first before SB No. 1243 was filed in the Senate. Petitioners themselves cannot disavow their own admission that HB No. 8817 was filed on April 18, 1993 while SB No. 1243 was filed on May 19, 1993.

The filing of HB No. 8817 was thus precursive not only of the said Act in question but also of SB No. 1243. Thus, HB No. 8817, was the bill that initiated the legislative process that culminated in the enactment of Republic Act No. 7720. No violation of Section 24, Article VI, of the 1987 Constitution is perceptible under the circumstances attending the instant controversy. Furthermore, petitioners themselves acknowledge that HB No. 8817 was already approved on Third Reading and duly transmitted to the Senate when the Senate Committee on Local Government conducted its public hearing on HB No. 8817 In Tolentino vs. Secretary of Finance: . . . To begin with, it is not the law but the revenue bill which is required by the Constitution to "originate exclusively" in the House of Representatives. It is important to emphasize this, because a bill originating in the House may undergo such extensive changes in the Senate that the result may be a rewriting of the whole. . . . as a result of the Senate action, a distinct bill may be produced. Indeed, what the Constitution simply means is that the initiative for filing revenue, tariff, or tax bills, bills authorizing an increase of the public debt, private bills and bills of local application must come from the House of Representatives on the theory that, elected as they are from the districts, the members of the House can be expected to be more sensitive to the local needs and problems. On the other hand, the senators, who are elected at large, are expected to approach the same problems from the national perspective. Both views are thereby made to bear on the enactment of such laws. Nor does the Constitution prohibit the filing in the Senate of a substitute bill in

OCTAVIANO, Leslie Anne O. Local Governments Case Digests

anticipation of its receipt of the bill from the House, so long as action by the Senate as a body is withheld pending receipt of the House bill. . . . Basco vs. PAGCOR G.R. No. 91649 May 14, 1991 Ponente: Paras, J. Facts: The Philippine Amusements and Gaming Corporation (PAGCOR) was created by virtue of P.D. 1067-A dated January 1, 1977 and was granted a franchise under P.D. 1067-B also dated January 1, 1977 "to establish, operate and maintain gambling casinos on land or water within the territorial jurisdiction of the Philippines." Its operation was originally conducted in the well known floating casino "Philippine Tourist. Subsequently, on July 11, 1983, PAGCOR was created under P.D. 1869 to enable the Government to regulate and centralize all games of chance authorized by existing franchise or permitted by law. It is reported that PAGCOR is the third largest source of government revenue, next to the Bureau of Internal Revenue and the Bureau of Customs. In addition, PAGCOR sponsored other sociocultural and charitable projects on its own or in cooperation with various governmental agencies, and other private associations and organizations. A TV ad proudly announces: "The new PAGCOR responding through responsible gaming." Petitioners filed the instant petiion seeking to annul the PAGCOR Charter (PD 1869). They allege that the same is "null and void" for being "contrary to morals, public policy

and public order," monopolistic and tends toward "crony economy", and is violative of the equal protection clause and local autonomy as well as for running counter to the state policies enunciated in Sections 11 (Personal Dignity and Human Rights), 12 (Family) and 13 (Role of Youth) of Article II, Section 1 (Social Justice) of Article XIII and Section 2 (Educational Values) of Article XIV of the 1987 Constitution. Issue: WON the charter of PAGCOR should be annulled for being violative of the principle of local autonomy (P.D. 1869 constitutes a waiver of the right of the City of Manila to impose taxes and legal fees) Held: No. Their contention hereinabove is without merit. stated

Ratio: Gambling in all its forms, unless allowed by law, is generally prohibited. But the prohibition of gambling does not mean that the Government cannot regulate it in the exercise of its police power. The concept of police power is wellestablished in this jurisdiction. It has been defined as the "state authority to enact legislation that may interfere with personal liberty or property in order to promote the general welfare." P.D. 1869 was enacted pursuant to the policy of the government to "regulate and centralize thru an appropriate institution all games of chance authorized by existing franchise or permitted by law" (1st whereas clause, PD 1869). As was subsequently proved, regulating and centralizing gambling operations in one corporate entity the PAGCOR, was beneficial not just to the Government but to society in general. It is a reliable source of much needed revenue for the cash strapped Government.

OCTAVIANO, Leslie Anne O. Local Governments Case Digests

The PAGCOR Charter is not violative of the principle of local autonomy for the following reasons: (a) The City of Manila, being a mere Municipal corporation has no inherent right to impose taxes. Its "power to tax" therefore must always yield to a legislative act which is superior having been passed upon by the state itself which has the "inherent power to tax". (b) The Charter of the City of Manila is subject to control by Congress. It should be stressed that "municipal corporations are mere creatures of Congress" which has the power to "create and abolish municipal corporations" due to its "general legislative powers". Congress, therefore, has the power of control over Local governments (c) The City of Manila's power to impose license fees on gambling, has long been revoked. As early as 1975, the power of local governments to regulate gambling thru the grant of "franchise, licenses or permits" was withdrawn by P.D. No. 771 and was vested exclusively on the National Government. Therefore, only the National Government has the power to issue "licenses or permits" for the operation of gambling. (d) Local governments have no power to tax instrumentalities of the National Government. PAGCOR is a government owned or controlled corporation with an original charter, PD 1869. All of its shares of stocks are owned by the National Government. PAGCOR has a dual role, to operate and to regulate gambling casinos. The latter role is governmental, which places it in the category of an agency or instrumentality of the Government. Being an instrumentality of the Government, PAGCOR should be and actually is exempt from local taxes

Justice Holmes: No state or political subdivision can regulate a federal instrumentality in such a way as to prevent it from consummating its federal responsibilities, or even to seriously burden it in the accomplishment of them. (e) Article X of the 1987 Constitution (on Local Autonomy) provides: Sec. 5. Each local government unit shall have the power to create its own source of revenue and to levy taxes, fees, and other charges subject to such guidelines and limitation as the congress may provide, consistent with the basic policy on local autonomy. Such taxes, fees and charges shall accrue exclusively to the local government. The power of local government to "impose taxes and fees" is always subject to "limitations" which Congress may provide by law. Besides, the principle of local autonomy under the 1987 Constitution simply means "decentralization". It does not make local governments sovereign within the state or an "imperium in imperio." Local Government has been described as a political subdivision of a nation or state which is constituted by law and has substantial control of local affairs. In a unitary system of government, such as the government under the Philippine Constitution, local governments can only be an intra sovereign subdivision of one sovereign nation, it cannot be an imperium in imperio. Local government in such a system can only mean a measure of decentralization of the function of government. Vilas vs. City of Manila 41 Phil 93 April 3, 1911 Ponente: Lurton, J.

OCTAVIANO, Leslie Anne O. Local Governments Case Digests

Facts: The plaintiffs in this case are creditors of the City of Manila before it was ceded to the US by the Treaty of Paris. Under the assumption that the city is the same juristic person and liable upon the obligations of the old city, it filed the present action. The SC of the Philippines ruled that the present municipality is a totally different corporate entity. Issues: WON the present municipality, after the cession of the Philippines to the US followed by a reincorporation of the city, could be held liable for the obligations of the city incurred prior to the cession Held: Yes. Ratio: The city as now incorporated has succeeded to all the property rights of the old city and the right to enforce all its causes of action. The contention that the liability of the city upon such obligations was destroyed by a change in sovereignty is one, which is without a shadow of moral force. The first section of the charter of 1901 reads as follows: The inhabitants of the city of Manila, residing within the territory described in Section 2 are hereby constituted a municipality, which shall be known as the city of Manila and by that name shall have perpetual succession, and shall possess all the rights of property herein granted or heretofore enjoyed and possessed by the city of Manila as organized under Spanish sovereignty. A review of the entire charter will show that the charter contains no reference to the obligations or contracts of the old city. The argument that the municipality ipso facto was extinguished when the sovereignty of Spain in the Islands was terminated by the

treaty of cession, is based on the analogy of the doctrine of principal and agent, the death of the principal ending the agency. This argument loses sight of the dual character of municipal corporations. They exercise a) powers which are governmental and b) powers which are of a private or business in character. In the former, it is a governmental subdivision. For that purpose, it exercises a party of the sovereignty of the state. In the other character, it is a mere legal entity or juristic person. It stands for the community in the administration of local affairs wholly beyond the sphere of the public purposes for which its governmental powers are conferred. In the exercise of the former, the corporation is a municipal government; and while in the exercises of the latter, it is a corporate legal individual. Because of the dual character of municipal corporations, there is no public reason for presuming their total dissolution as a mere consequence of military occupation or territorial cession. While it may be true that there is a total abrogation of the former political relations of the inhabitants of the ceded region, it is also settled that the great body of municipal law which regulates private and domestic rights continues in force until abrogated or changed by the new ruler. Lidasan vs COMELEC G.R. No. L-28089 October 25, 1967 Ponente: Sanchez, J. Facts: On June 18, 1966, the Chief Executive signed into law House Bill 1247, known as Republic Act 4790, entitled "An Act Creating the Municipality of Dianaton in the Province of Lanao del Sur".

OCTAVIANO, Leslie Anne O. Local Governments Case Digests

Two barrios, Togaig and Madalum, which was included in the aforemention RA are within the municipality of Buldon, Province of Cotabato, while 10 more barrios namely Bayanga, Langkong, Sarakan, Kat-bo, Digakapan, Magabo, Tabangao, Tiongko, Colodan and Kabamakawan are parts of another municipality, the municipality of Parang, also in theProvince of Cotabato and not of Lanao del Sur. Because of the onset of elections, COMELEC adopted a resolution which followed the provisions of RA 4790, it said that for purposes of establishment of precincts, registration of voters and for other election purposes, the new municipality of Dianaton, Lanao del Sur shall comprise the barrios of Kapatagan, Bongabong, Aipang, Dagowan, Bakikis, Bungabung, Losain, Matimos, and Magolatung situated in the municipality of Balabagan, Lanao del Sur, the barrios of Togaig and Madalum situated in the municipality of Buldon, Cotabato, the barrios of Bayanga, Langkong, Sarakan, Kat-bo, Digakapan, Magabo, Tabangao, Tiongko, Colodan and Kabamakawan situated in the municipality of Parang, also of Cotabato. This new regrouping brought a change in the boundaries of the provinces. The Office of the President recommended that the operation of the statute be suspended until clarified by correcting legislation. COMELEC ignored said recommendation and declared that it should be implemented unless declared unconstitutional by the Court. Bara Lidasan, a resident and taxpayer of the detached portion of Parang, Cotabato, and a qualified voter for the 1967 elections filed this instant petition. Issues:

a. WON RA 4790 is null and void for violating the constitutional requirement that "[n]o bill which may be enacted into law shall embrace more than one subject which shall be expressed in the title of the bill b. WON RA 4790 may be salvaged by nullifying only the portion which doesnt come under the title c. WON petitioner is a real party in interest Held: a. Yes. b. No. It is indivisible, and it is accordingly null and void in its totality. c. Yes. Ratio: a. The test of the sufficiency of a title is whether or not it is misleading; and, which technical accuracy is not essential, and the subject need not be stated in express terms where it is clearly inferable from the details set forth, a title which is so uncertain that the average person reading it would not be informed of the purpose of the enactment or put on inquiry as to its contents, or which is misleading, either in referring to or indicating one subject where another or different one is really embraced in the act, or in omitting any expression or indication of the real subject or scope of the act, is bad. The title doesnt suggest that the communities in the adjacent province of Cotabato are incorporated in this new Lanao del Sur town. The phrase "in the Province of Lanao del Sur," read without subtlety or contortion, makes the title misleading, deceptive This title did not apprise the people in the towns of Buldon and Parang in Cotabato and in the province of Cotabato itself that part of their territory is being taken away from their towns and province and added to the adjacent Province of Lanao del Sur; it kept

OCTAVIANO, Leslie Anne O. Local Governments Case Digests

the public in the dark as to what towns and provinces were actually affected by the bill. b. The provision regarding the 9 barrios in the municipalities of Butig and Balabagan in Lanao del Sur could not stand just by nullifying the portion thereof which removed the twelve barrios in the municipalities of Buldon and Parang in the other province of Cotabato. Before the valid portion will be separated from the invalid, the valid portion must be so far independent of the invalid portion that it is fair to presume that the Legislature would have enacted it by itself if they had supposed that they could not constitutionally enact the other. Enough must remain to make a complete, intelligible, and valid statute, which carries out the legislative intent. In the case at bar, we cannot assume this. Municipal corporations perform twin functions. 1) They serve as an instrumentality of the State in carrying out the functions of government. 2) They act as an agency of the community in the administration of local affairs. It is in the latter character that they are a separate entity acting for their own purposes and not a subdivision of the State. Several factors had been considered by Congress in determining whether a group of barrios is capable of maintaining itself as an independent municipality. The report said that the territory is now a progressive community; the aggregate population is large; and the collective income is sufficient to maintain an independent municipality. Clearly, the totality of the 21 barrios was the one considered by the proponent thereof. c. The right of every citizen, taxpayer and voter of a community affected by legislation creating a town to ascertain that the law so

created is not dismembering his place of residence "in accordance with the Constitution" is recognized in this jurisdiction. Fernando, J., dissenting: The mere fact that in the body of such statute barrios found in two other municipalities of another province were included does not of itself suffice for a finding of nullity by virtue of the constitutional provision invoked. The construction must be reasonable and not technical. It is sufficient if the title be comprehensive enough reasonably to include the general object which the statute seeks to effect without expressing each and every end and means necessary for the accomplishment of that object. To avoid any doubt as to the validity of such statute, it must be construed as to exclude from Dianaton all of such barrios mentioned in Republic Act No. 4790 found in municipalities outside Lanao del Sur. Republic of the Philippines et. al vs. City of Davao G.R. No. 148622 September 12, 2002 Ponente: Ynares-Santiago, J. Facts: The Mayor of Davao filed an application for a Certificate of Non-Coverage (CNC) for its proposed project, the Davao City Artica Sports Dome, with the Environmental Management Bureau (EMB), Region XI. The application contained a) detailed location map of the project site; b) brief project description; and c) a certification from the City Planning and Development Office that the project is not located in an environmentally critical area. After finding that the proposed project was within an environmentally critical area, the

OCTAVIANO, Leslie Anne O. Local Governments Case Digests

EMB denied the application. It ruled that City of Davao must undergo the environmental impact assessment (EIA) process to secure an Environmental Compliance Certificate (ECC), before it can proceed with the construction of its project. Claiming that the project was neither an environmentally critical project nor within an environmentally critical area, respondent filed a petition for mandamus and injunction with the Regional Trial Court of Davao. He alleges that it was the ministerial duty of the DENR to issue a CNC in his favor. RTC ruled in favor of the respondent. Only agencies and instrumentalities of the national government, including government owned or controlled corporations, as well as private corporations, firms and entities are mandated to go through the EIA process for their proposed projects and not local government units. LGUs are not mentioned in PD 1586, in relation to PD 1151 and Letter of Instruction No. 1179 (prescribing guidelines for compliance with the EIA system). The issue is not moot and academic. The supervening admnistration agreed with petitioner in that it needs to secure an ECC for its proposed project. Issues: WON LGUs are mandated to go through the environmental impact assessment for their proposed projects Held: Yes, LGUs must still comply with the EIA in obtaining a CNC for their proposed projects. Ratio: Found in Section 16 of the Local Government Code is the duty of the LGUs to promote the peoples right to a balanced ecology. Pursuant to this, an LGU, like the City of Davao, can not claim exemption from the coverage of PD 1586. As a body politic

endowed with governmental functions, an LGU has the duty to ensure the quality of the environment, which is the very same objective of PD 1586. Section 4 of PD 1586 clearly states that no person, partnership or corporation shall undertake or operate any such declared environmentally critical project or area without first securing an Environmental Compliance Certificate issued by the President or his duly authorized representative. LGUs are juridical persons. Being a part of the machinery of the government, they cannot therefore be deemed as outside the scope of the EIS system. (Proclamation No. 2146 was issued on December 14, 1981, proclaiming the certain areas and types of projects as environmentally critical and within the scope of the Environmental Impact Statement System established under PD 1586.) The Artica Sports Dome in Langub does not come close to any of the projects or areas enumerated above. Neither is it analogous to any of them. It is clear, therefore, that the said project is not classified as environmentally critical, or within an environmentally critical area. Consequently, the DENR has no choice but to issue the Certificate of Non-Coverage. It becomes its ministerial duty, the performance of which can be compelled by writ of mandamus, such as that issued by the trial court in the case at bar.

OCTAVIANO, Leslie Anne O. Local Governments Case Digests