Municipal Corporations | Classifications | Public Corporations | LAW ON LOCAL GOVERNMENTS

LAW ON LOCAL GOVERNMENTS

Public Corporations > Classifications > Municipal Corporations

I. Definition and Nature of Municipal Corporations

A municipal corporation is a body politic and corporate, created under national law, for the purpose of governing a local area, usually defined by territorial boundaries. It is primarily tasked with administering local governance within its jurisdiction. Municipal corporations are a subset of public corporations, specifically organized to manage local public affairs and provide services such as public safety, infrastructure maintenance, and community development.

They possess dual characteristics:

1. Governmental or Public Functions: Exercising sovereign functions, such as implementing laws and ensuring peace and order.
2. Corporate or Private Functions: Engaging in activities for the economic or commercial benefit of the local community, such as operating public utilities.

Municipal corporations in the Philippines are created through legislative enactments or by the Constitution itself, and they exist to enable the decentralization of powers from the national government to local government units (LGUs).

II. Constitutional and Legal Basis

The creation, organization, powers, and functions of municipal corporations are primarily governed by:

1. 1987 Philippine Constitution: Article X provides for the creation, structure, and autonomy of local government units.
2. Republic Act No. 7160 (Local Government Code of 1991): The Local Government Code (LGC) is the fundamental statute that organizes and regulates the structure and powers of local government units, including municipal corporations.
3. Jurisprudence: Various decisions of the Supreme Court help clarify the application of laws governing municipal corporations.

III. Classifications of Municipal Corporations

Municipal corporations can be classified into several types according to their powers, jurisdiction, and other criteria.

A. Types of Municipal Corporations in the Philippines

The Local Government Code defines several types of LGUs as municipal corporations, including:

1. Provinces: These are composed of component cities and municipalities. The province is headed by a governor and serves as an intermediary between national government and municipalities/cities.

2. Cities: There are two types of cities:

   • Highly Urbanized Cities (HUCs): Cities with a minimum population of 200,000 and an annual income of at least P50 million. They are independent of the province in which they are geographically located.
   • Component Cities: These cities are part of a province unless they have been explicitly declared independent. Component cities share revenue and administrative links with the province.

3. Municipalities: These are local government units typically found within provinces and governed by a mayor. They are autonomous in performing certain administrative functions but are under the general supervision of the province.

4. Barangays: The smallest political unit, often described as the grassroots level of governance. Every municipality and city is composed of barangays.

B. Nature of Powers

Municipal corporations possess three primary powers under the Local Government Code:

1. Police Power: This refers to the authority of the municipal corporation to enact and enforce local ordinances and regulations to protect public health, safety, morals, and general welfare. For instance, they may impose curfews, regulate businesses, or implement zoning laws.

2. Power of Eminent Domain: This is the power to appropriate private property for public use, with just compensation. Municipal corporations can use this power to acquire land for public purposes like roads, schools, or public utilities.

3. Taxation Power: The power to impose and collect local taxes, fees, and charges necessary to generate revenue for the delivery of local services. Municipalities and cities can impose taxes such as real property taxes, business taxes, and fees for permits and licenses.

C. Autonomy and Supervision

Local autonomy is the foundation of the powers and operations of municipal corporations. The 1987 Constitution guarantees local autonomy to ensure that LGUs can govern their affairs independently, without undue interference from the national government. However, local autonomy is not absolute. The President exercises general supervision over local governments to ensure that they perform their functions in accordance with the law.

IV. Corporate Functions and Liabilities

Municipal corporations perform both governmental (public) and proprietary (corporate) functions:

1. Governmental Functions: These are sovereign powers conferred upon them by law, such as enforcing laws, protecting public order, and maintaining infrastructure. Actions under this capacity enjoy immunity from lawsuits unless specifically waived by law.

2. Proprietary Functions: These involve activities conducted by municipal corporations in their capacity as a corporate entity, akin to private enterprises. Examples include operating markets, waterworks, or transportation systems. Municipal corporations may be held liable for contracts or torts arising from their proprietary functions.

V. Creation, Alteration, and Dissolution

1. Creation: Municipal corporations are created through laws passed by Congress, ordinances from the Sangguniang Panlalawigan (provincial board), or via a plebiscite approved by a majority of the voting population in the affected area. The Local Government Code sets out the requirements for creating new LGUs, including population size, income level, and land area.

2. Alteration of Boundaries: The alteration of boundaries or the conversion of a municipality into a city requires a legislative act, often accompanied by a plebiscite where the affected constituents vote on the proposed change.

3. Dissolution: Municipal corporations can be dissolved if they fail to meet statutory requirements or upon the declaration of the national government through an act of Congress. Dissolution results in the termination of the legal existence of the municipal corporation, and its powers and assets revert to the national government or the relevant provincial or city government.

VI. Key Doctrines and Jurisprudence

The Supreme Court has clarified several key issues regarding municipal corporations, including:

1. Doctrine of Qualified Political Agency: Local officials are representatives of the State, and their acts are the acts of the State itself, but only within the limits of their powers.

2. Doctrine of Local Autonomy: Local governments must have sufficient latitude in deciding on local matters without undue interference from the national government. However, national laws remain supreme over local ordinances.

3. Vicarious Liability: Municipal corporations are liable for the acts of their employees only when acting within their proprietary capacity. They are generally immune from liability for governmental functions unless a law provides otherwise.

4. Power to Sue and Be Sued: As legal persons, municipal corporations may enter into contracts and sue or be sued in their corporate name, especially in relation to their proprietary functions.

VII. Conclusion

Municipal corporations play a crucial role in decentralizing the functions of the national government to promote local development and self-governance. Governed by the 1987 Constitution, the Local Government Code, and judicial pronouncements, these entities ensure that local areas are governed efficiently, addressing the needs and interests of their constituents while remaining subject to the laws of the Republic of the Philippines. The balance between local autonomy and national supervision is vital in maintaining the integrity of the political and legal structure of the country.