The document discusses several topics related to legislative power and local government in the Philippines: 1. It discusses substantive and procedural limitations on legislative power, noting that laws must not violate constitutional rights or be passed without proper procedure. 2. It summarizes a case where a local ordinance objecting to lotto was invalid as it was not self-executing and could not prohibit the national lotto system. 3. It summarizes another case where a local ordinance banning casinos was struck down as it conflicted with national law establishing the gaming corporation PAGCOR. 4. It summarizes a third case where a local ordinance banning motels was invalid as unreasonable and oppressive. Throughout, the

1. Jennifer G. Santiago

3. Limitations of Legislative
Power
1. Substantive Limitations
 the limitations is substantive because if the
provision of the law will curtail
constitutional rights, the same is
unconstitutional

4. Limitations of Legislative
Power
2. Procedural Limitations
 even if the law does not violate
constitutional provision but it is not passed
and approved in accordance with the
prescribed procedure, the same is
questionable and it may not be given
force and effect

5. Local Legislative Process

7. Hon. Jose D. Lina, Jr., Sangguniang
Panlalawigan of Laguna, and Hon.
Calixto Cataquiz (petitioners) vs. Hon.
Francisco Dizon Pano and Tony Calvento
(respondents)
Issue:
 An ordinance which merely states the
“objection” of the council to lotto but is a
mere policy statement on the part of the
local council which is not self-executing,
and could not serve as a valid ground to
prohibit the operation of lotto system in
the province

8. Hon. Jose D. Lina, Jr., Sangguniang
Panlalawigan of Laguna, and Hon.
Calixto Cataquiz (petitioners) vs. Hon.
Francisco Dizon Pano and Tony Calvento
(respondents)
Facts:
 The game of lotto is a game of chance
duly authorized by the national
government through an Act of Congress .
 R.A. 1169, as amended by Batas
Pambansa Blg. 42, is the law which
grants a franchise to PCSO and allows it
to operate the lotteries.

9. R.A. 1169, as amended by Batas
Pambansa Blg. 42
Section 1. The Philippine Charity Sweepstakes
Office. - The Philippine Charity
Sweepstakes Office, hereinafter
designated the Office, shall be the
principal government agency for raising
and providing for funds for health
programs, medical assistance and services
and charities of national character, and
such shall have the general powers
conferred in the Sec. 13 Act 1459, as
amended, and shall have the authority:

10. R.A. 1169, as amended by Batas
Pambansa Blg. 42
A. To hold a conduct charity
sweepstakes races, lotteries, and
other similar activities, in such
frequency and manner, as shall be
determined, and subject to such
rules and regulations as shall be
promulgated by the Board of
Directors.

11. Hon. Jose D. Lina, Jr., Sangguniang
Panlalawigan of Laguna, and Hon.
Calixto Cataquiz (petitioners) vs. Hon.
Francisco Dizon Pano and Tony Calvento
(respondents)
 Petition denied.
 Sections 2 (c) and 27 in the LGC (R.A.
7160) apply only to the national and/or
projects which are to be implemented in
particular local community

12. Magtajas vs Pryce Properties, Inc
Issue: Ordinance No. 3353
 An ordinance prohibiting the issuance of
business permit and cancelling the existing
business permit to any establishment for
the using and allowing to be used its
premises of portion thereof for the
operation of casino.

13. Magtajas vs Pryce Properties, Inc
Fact:
 The Philippine Amusement and Gaming
Corporation (PAGCOR) is a corporation
created directly by P.D. 1869 to help
centralize and regulate all games of
chance, including casinos on land and sea
within the territorial jurisdiction of the
Philippines.

14. Magtajas vs Pryce Properties, Inc
 Petition was denied.
 Under Sec. 458 of the Local Government
Code, local government units are
authorized to prevent or suppress, among
others, “gambling and other prohibited
games of chance.”
 This ordinance is contrary to P.D. 1869 and
the public policy announced therein and is
therefore ultra vires and void.

15. City Of Manila Vs. Laguio, Jr
Issue: Ordinance No. 7738
 An ordinance prohibiting the
establishment or operation of businesses
providing certain forms of amusement,
entertainment, services and facilities in the
Ermita-Malate area, to include motels
and inns.

16. City Of Manila Vs. Laguio, Jr
Fact:
 An explanatory note for the challenged
ordinance made mention of the alarming
increase in the rate of prostitution,
adultery and fornication in Manila
traceable in great part to the existence of
motels and the like.

17. City Of Manila Vs. Laguio, Jr
 Petition denied.
 The assailed ordinance is unreasonable
and oppressive

18. 1. What is legal is not always moral
2. The ends do not always justify the
means
It is worth remembering in
this regard that:

20. Composition of the
Sanggunian
SECTION 387. Chief Officials and
Offices. - (a) There shall be in each
Barangay a Punong Barangay,
seven (7) Sangguniang Barangay
members, the Sangguniang
Kabataan chairman, a Barangay
Secretary, and a Barangay treasurer.
(What is SK and why is there a need for it?
How does SK help people? Do people think
SK should continue?)

21. Composition of the
Sanggunian
Sangguniang Kabataan
 initiates policies, programs and
projects for the development of
youth in their respective political
territories

22. Sangguniang Kabataan
1. SK trains the youth to become good
leaders of the community.
2. SK officers serve as the voice of the
youth in their community.
3. SK projects enhance the different skills
and abilities of the youth.
4. SK officers represent the youth in
various government programs and
projects.

23. Possible reasons to call for its
abolition:
1. SK is only a training ground for
corruption.
2. SK officials are youths, they are still in
school, they cannot function well,
and unprepared to discharge their
duties.
3. The government will save a huge
amount of money in abolishing it.
4. This will remove the youth from
culture of politics which is usually
associated with corruption.

24. Qualifications for Public
Officials
1. Natural-born citizen of the
Philippines
2. A registered voter
3. *Age Qualification
4. Able to read and write
(Are these qualifications enough to
measure that the aspiring candidate
is qualified and effective as a public
official?)

25. Educational Attainment for
Public Officials
1. Knowledge is more necessary than a
written degree.
2. It is not necessary that a politician
must be educated to a certain level.
It is democracy.

26. Educational Attainment for
Public Officials
1. If a politician is educated, any type
of problem that will come, he can
find a good solution.
2. It is necessary because he represents
the society. He should stand up to
the country’s values, culture and
tradition.

27. “Pork Barrel”
 usually refers to the budgetary
spending intended to benefit limited
groups of constituents in return for
their political supports

28. “Pork Barrel”

30. FAILON NGAYON-POLITICAL
DYNASTY(October 20,2012)