Local Government Code
Specific Topics
Settlement of Boundary Disputes
The Code mandates under Section 118 (Jurisdictional
responsibility for settlement of boundary disputes) that
boundary disputes between and among LGUs shall, as
much as possible, be settled amicably. The ff rules
govern the amicable settlement of boundary disputes:
a) Boundary disputes involving two(2) or more
barangays in the same city or municipality shall be
referred for settlement to the Sanggunian Panlungsod or
sanngunian Bayan concerned.
b) Boundary disputes involving two(2) or more
municipalities within the same province shall be
referred for settlement to the Sangguniang Panlalawigan
concerned.
c) Boundary disputes involving municipalities
or component cities of different provinces
shall be jointly referred for settlement to the
sanggunians of the provinces concerned.
d) Boundary disputes involving a component
city or municipality on the one hand and a
HUC on the other, OR two(2) or more HUCs,
shall be jointly referred for settlement to the
respective sangginans of the parties.
In the event the sanggunian fails to effect an amicable
settlement within 60days from the date the dispute was
referred thereto, it shall issue a certification to that
effect. Thereafter, the dispute shall be formally tried
by the sanggunian concerned which shall decide the
issue within 60days from the date of the certification
referred above.
Within the time and manner prescribed by the Rules of
Court, any party may elevate the decision of the
sanggunian concerned to the proper RTC having
jurisdiction over the area in dispute. The RTC shall
decide the appeal within one (1) year from the filing
thereof. Pending final resolution of the disputed area
prior to the dispute shall be maintained and continued
for all legal purposes (Sec 119).
The Sanggunian Panlalawigan has an expanded role in
resolving cases of municipal boundary disputes. Aside
from having the function of bringing the contending
parties together and intervening or assisting in the
amicable settlement of the case, the SPanlalawigan is
now specifically vested with ORIGINAL jurisdiction to
actually hear and decide the dispute in accordance with
the procedures laid down in the law and its IRRs. The
trial court now has no power to try, at the first instance,
cases of municipal boundary disputes. Only in the
exercise of its appellate jurisdiction can the proper RTC
decide the case, on appeal, should any party aggrieved
by the decision of the Spanlalawigan elevate the same
(Mun of Sta Fe v Mun of Aritao 140474 Sept 21, 2007).
Local Initiative and Referendum
Sec 120 Local Initiative Defined
Local Initiative is the legal process whereby
the registered voters of a LGU may directly
propose, enact, or amend any ordinance.
Justice Isagani Cruz defines initiative as the
power of the people to propose bills and
laws, and to enact or reject them at the polls
independent of the legislative assembly.
The power of local initiative and referendum
may be exercised by ALL registered voters of
the provinces, cities, municipalities and
barangays.
Sec 126 - Local Referendum Defined
Local referendum, is the legal process whereby the
registered voters of the LGUs may approve, amend or
reject any ordinance enacted by the Sanggunian.
Justice Cruz defined referendum as the right reserved
to the people to adopt or reject any act or measure
which has been passed by a legislative body and which
in most cases would without action on the part of the
electors become a law.
RA 6735 (1989) An Act providing for a System of
initiative and referendum. This law enacted before the
Code includes a system of initiative on local legislation
that would allow petitions proposing the enactment of a
regional, provincial, city, municipal or barangay law,
resolution or ordinance.
The LG Code deals only with the power of initiative on
proposed provincial, city, municipality or barangay
ordinances or resolutions and does not include the
regional autonomous regions because other special laws
deal with them.
Indirect initiative as used in RA 6735 recognizes the
right of any duly accredited peoples organization to
file petition for indirect initiative with the appropriate
legislative bodies, including the local sanggunian. The
indirect initiative proposal shall have precedence over
other pending legislative measures on the proper
legislative or sanggunian committee.
The LG Code used local initiative.
Indirect initiative under RA 6735 refers to the
process whereby a proposal to enact, amend
or repeal a law or an ordinance is submitted
by a required number of registered voters for
the national legislature or local council to act
upon. It is indirect because the people, the
registered voters, want a piece of legislation
or an ordinance or resolution enacted,
amended or repealed but they do not do so
directly, they course their action thru their
elected representatives in the national
legislature or in the local councils.
In republic systems, there are 2 kinds of
legislative power original and derivative.
Original legislative power is possessed by the
sovereign people. Derivative is that which has
been delegated by the sovereign people to
legislative bodies and is subordinate to the
original power of the people.
The system of initiative and referendum
enables the people to exercise an all
important original power to legislate, a
manifestation of adopting at the local level
the system of direct democracy.
Kinds of Initiative
3 kinds of initiative:
a) Initiative on the Constitution which refers to
a petition proposing amendments to the
Constitution
b) Initiative on statutes which refers to a
petition proposing to enact a national
legislation; and
c) Initiative on local legislation which refers to
a petition proposing to enact a regional,
provincial, city, municipal or barangay law,
resolution or ordinance
Kinds of referendum
2 kinds of referendum:
a) Referendum on statutes which refers to
a petition to approve or reject an act or
law, or part thereof, passed by Congress;
and
b) Referendum on local law which refers to
a petition to approve or reject a law,
resolution or ordinance enacted by regional
assemblies and local legislative bodies.
Scope
The Constitution clearly includes not only ordinances
but also resolutions as appropriate subjects of a local
initiative. Sec 32 of Art VI provides that Congress shall
as early as possible, provide a system of initiative and
referendum and the exceptions therefrom, whereby the
people can directly propose and enact laws or approve,
or reject any act or law or part thereof passed by the
Congress or local legislative body. An act includes a
resolution.(Garcia v Comelec 237
Section 120 speaks only of ordinance and does not deal
with the subjects or matters that can be taken up in a
local initiative. It is Sec 124 which does. Local
Initiative therefore, covers all kinds of measures
provided that these are within the power of the local
Sanggunians to enact, subject to the other requisites.
Sec 124 Limitations on Local
Initiatives
a) The power of local initiative shall not be
exercised more than once a year.
b) Initiative shall extend only to subjects or
matters which are within the legal powers of the
sanggunian to enact
c) If at any time before the initiative is held, the
sanggunian concerned adopts in toto the proposition
presented and the local chief executive approves
the same, the initiative shall be cancelled.
However, those against such action may, if they so
desire, apply for initiative in the manner
prescribed.
Procedure
Not less than 1000 registered voters in provinces and
cities; 100 in municipalities and 50 in barangays, may
file a petition with the sanggunian concerned proposing
the adoption, enactment, repeal or amendment of an
ordinance.
If no favorable action thereon is taken by the Sanggunian
concerned within 30days from its presentation, the
proponents thru their duly authorized and registered
reps, may invoke their power of initiative, giving notice
thereof to the Sanggunian concernd.
The proposition shall be numbered serially starting from
Roman numeral I. The Comelec or its designated
representative shall extend assistance in the formulation
of the proposition.
Two (2) or more propositions may be submitted in an
initiative.
Proponents shall have 90 days in case of provinces and
cities, 60days in case of municipalities, and 30days
in case of barangays, from notice (to Sanggunian) to
collect the required number of signatures.
The petition shall be signed before the election
registrar, or his designated representatives, in the
presence of a representative of the proponent, and a
representative of the Sanggunian concerned in a
public place in the LGU. Stations for collecting
signatures may be established in as many places as
may be warranted.
Upon the lapse of the period provided by the Code, the
Comelec thru its office in the LGU concerned, shall
certify as to whether or not the required number of
signatures has been obtained. Failure to obtain the
required defeats the proposition.
If the required number of signatures is obtained, the
Comelec shall then set a date for the initiative during
which the proposition shall be submitted to the
registered voters in the LGU concerned for their
approval within 60days from the date of certification by
the Comelec, in case of provinces and cities, 45days in
case of municipalities and 30days in case of barangays.
The initiative shall then be held on the date set, after
which the results thereof shall be certified and
proclaimed by the Comelec (Sec 122).
Initiative is resorted to by the people directly either because
the law-making body fails or refuses to enact the law,
ordinance, resolution or act that they desire or because they
want to amend or modify one already existing. Under sec 13
of RA 6735, the local legislative body is given the opportunity
to enact the proposal. If it refuses/neglects to do so within
30days from its presentation, the proponents thru their duly
authorized and registered reps may invoke their power of
initiative, giving notice thereof to the local legislative body
concerned. Should the proponents be able to collect the
number of signed conformities with the period granted by
said statute, the Comelec shall then set a date for the
initiative (not referendum) at which the proposition shall be
submitted to the registered voters in the LGU concerned.
(Subic Bay Metro Authority v Comelec Sept 26, 1996)
Effectivity of Local propositions
If the proposition is approved by a
majority of the votes cast, it shall take
effect 15days after certification by the
Comelec as if affirmative action thereon
had been made by the Sanggunian and
local chief executive concerned. If it fails
to obtain said number of votes, the
proposition is considered defeated. ( Sec
123)
Limitations upon Sanggunians
Any proposition or ordinance approved thru the system
of initiative and referendum shall not be repealed,
modified or amended by the Sanggunian concerned with
six (6) months in case of provinces and cities, 45days in
case of municipalities and 30days in case of barangays.
The Comelec shall certify and proclaim the results of
the said referendum (Sec 125).
In a local referendum, the law-making body submits to
the registered voters of its territorial jurisdiction, for
approval or rejection, any ordinance or resolution which
is duly enacted or approved by such law-making
authority. Said referendum shall be conducted also
under the contrrol. And direction of the Comelec. (Subic
Bay Metro Authority v Comelec).
Distinction between Initiative and
Referendum
While initiative is entirely the work of the
electorate, referendum is begun and consented to
by the law-making body. Initiative is a process of
law-making by the people themselves without the
participation and against the wishes of their
elected representatives, while referendum
consists merely of the electorate approving or
rejecting what has been drawn up or enacted by a
legislative body. Hence, the process and the voting
in an initiative are understandably more complex
than in a referendum where expectedly the voters
will simply write either yes or No in the ballot
(Subic Bay Metropolitan Authority v Comelec).
