THE
LOCAL GOVERNMENT CODEOF
THE PHILIPPINES
BOOK
IGENERAL PROVISIONSTITLE ONE. - BASIC
PRINCIPLESCHAPTER 1. - THE
CODE:
POLICY AND APPLICATION
SECTION 1. Title.
- This Act shall be known and cited as the "Local Government Code
of
1991".
SEC. 2. Declaration
of Policy. - (a) It is hereby declared the policy of the State that
the territorial and political subdivisions of the State shall enjoy
genuine
and meaningful local autonomy to enable them to attain their fullest
development
as self-reliant communities and make them more effective partners in
the
attainment of national goals. Toward this end, the State shall provide
for a more responsive and accountable local government structure
instituted
through a system of decentralization whereby local government units
shall
be given more powers, authority, responsibilities, and resources. The
process
of decentralization shall proceed from the national government to the
local
government units.cralaw:red
(b) It is also the
policy of the State to ensure the accountability of local government
units
through the institution of effective mechanisms of recall, initiative
and
referendum.cralaw:red
(c)It is likewise the
policy of the State to require all national agencies and offices to
conduct
periodic consultations with appropriate local government units,
non-governmental
and people's organizations, and other concerned sectors of the
community
before any project or program is implemented in their respective
jurisdictions.cralaw:red
SEC. 3. Operative
Principles of Decentralization. - The formulation and
implementation
of policies and measures on local autonomy shall be guided by the
following
operative principles:chanrobles virtual law library
(a) There shall be
an effective allocation among the different local government units of
their
respective powers, functions, responsibilities, and resources;
(b) There shall be
established in every local government unit an accountable, efficient,
and
dynamic organizational structure and operating mechanism that will meet
the priority needs and service requirements of its communities;
(c) Subject to civil
service law, rules and regulations, local officials and employees paid
wholly or mainly from local funds shall be appointed or removed,
according
to merit and fitness, by the appropriate appointing authority;
(d) The vesting of
duty, responsibility, and accountability in local government units
shall
be accompanied with provision for reasonably adequate resources to
discharge
their powers and effectively carry out their functions; hence, they
shall
have the power to create and broaden their own sources of revenue and
the
right to a just share in national taxes and an equitable share in the
proceeds
of the utilization and development of the national wealth within their
respective areas;
(e) Provinces with
respect to component cities and municipalities, and cities and
municipalities
with respect to component barangays, shall ensure that the acts of
their
component units are within the scope of their prescribed powers and
functions;
(f) Local government
units may group themselves, consolidate or coordinate their efforts,
services,
and resources for purposes commonly beneficial to them;
(g) The capabilities
of local government units,especially the municipalities and barangays,
shall beenhanced by providing them with opportunities to participate
actively
in the implementation of national programs and projects;
(h) There shall be
a continuing mechanism to enhance local autonomy not only by
legislative
enabling acts but also by administrative and organizational reforms;
(i) Local government
units shall share with the national government the responsibility in
the
management and maintenance of ecological balance within their
territorial
jurisdiction, subject to the provisions of this Code and national
policies;
(j) Effective mechanisms
for ensuring the accountability of local government units to their
respective
constituents shall be strengthened in order to upgradecontinually the
quality
of local leadership;
(k) The realization
of local autonomy shall be facilitated through improved coordination of
national government policies and programs and extension of adequate
technical
and material assistance to less developed and deserving local
government
units;
(l) The participation
of the private sector in local governance, particularly in the delivery
of basic services, shall be encouraged to ensure the viability of local
autonomy as an alternative strategy for sustainabledevelopment; and cralaw:red
(m) The national government
shall ensure that decentralizatioontributes to the continuing
improvement
of the performance of local government units and the quality of
community
life.cralaw:red
SEC. 4. Scope of
Application. - This Code shall apply to all provinces, cities,
municipalities,
barangays, and other political subdivisions as may be created by law,
and,
to the extent herein provided, to officials, offices, or agencies of
the
national government.cralaw:red
SEC. 5. Rules of
Interpretation. - In the interpretation of the provisions of this
Code,
the following rules shall apply:chanrobles virtual law library
(a)Any provision on
a power of a local government unit shall be liberally interpreted in
its
favor, and in case of doubt, any question thereon shall be resolved in
favor of devolution of powers and of the lower local government unit.
Any
fair and reasonable doubt as to the existence of the power shall be
interpreted
in favor of the local government unit concerned;
(b) In case of doubt,
any tax ordinance or revenue measure shall be construed strictly
against
the local government unit enacting it, and liberally in favor of the
taxpayer.
Any tax exemption, incentive or relief granted by any local government
unit pursuant to the provisions of this Code shall be construed
strictly
against the person claiming it.cralaw:red
(c) The general welfare provisions
in this Code shall be liberally interpreted to give more powers to
local
government units in accelerating economic development and upgrading the
quality of life for the people in the community;
(d) Rights and obligations
existing on the date of effectivity of this Code and arising out of
contracts
or any other source of prestation involving a local government unit
shall
be governed by the original terms and conditions of said contracts or
the
law in force at the time such rights were vested; and cralaw:red
(e)In the resolution of controversies
arising under this Code where no legal provision or jurisprudence
applies,
resort may be had to the customs and traditions in the place where the
controversies take place.cralaw:red
CHAPTER 2. - GENERAL
POWERS
AND ATTRIBUTES OF LOCAL GOVERNMENT UNITSSEC. 6. Authority to
Create
Local Government Units. - A local government unit may be created,
divided,
merged, abolished, or its boundaries substantially altered either by
law
enacted by Congress in the case of a province, city, municipality, or
any
other political subdivision, or by ordinance passed by the sangguniang
panlalawigan or sangguniang panlungsod concerned in the case of a
barangay
located within its territorial jurisdiction, subject to such
limitations
and requirements prescribed in this Code.
SEC. 7. Creation and Conversion.
- As a general rule, the creation of alocal government unit or its
conversion
from one level to another level shall be based on verifiable indicators
of viability and projected capacity to provide services, to wit:chanrobles virtual law library
(a) Income. - It must
be sufficient, based on acceptable standards, to provide for all
essential
government facilities and services and special functions commensu- rate
with the size of its population, as expected of the local government
unit
concerned;
(b) Population. - It shall
be determined as the total number of inhabitants within the territorial
jurisdiction of the local government unit concerned; and cralaw:red
(c) Land Area. - It
must be contiguous, unless it comprises two or more islands or is
separated
by a local government unit independent of the others; properly
identified
by metes and bounds with technical descriptions; and sufficient to
provide
for such basic services and facilities to meet the requirements of its
populace. Compliance with the foregoing indicators shall be attested to
by the Department of Finance (DOF), the NationalStatistics Office
(NSO),
and the Lands Management Bureau(LMB) of the Department of Environment
and
Natural Resources(DENR).cralaw:red
SEC. 8. Division and Merger.
- Division and merger of existinglocal government units shall comply
with
the same requirements herein prescribed for their creation: Provided,
however,
That such division shall not reduce the income, population, or land
area
of the local government unit or units concerned to less than the
minimum
requirements prescribed in this Code: Provided, further, That the
income
classification of the original local government unit or units shall not
fall below its current income classification prior to such division.
The
income classification of local government units shall be updated within
six (6) months from the effectivity of this Code to reflect the changes
in their financial position resulting from the increased revenues as
provided
herein.cralaw:red
SEC. 9. Abolition of Local
Government Units. - A local government unit may be abolished when
its
income, population, or land area has been irreversibly reduced to less
than the minimum standards prescribed for its creation under Book III
of
this Code, as certified by the national agencies mentioned in Section
17
hereof to Congress or to the sanggunian concerned, as the case may be.cralaw:red
The law or ordinance
abolishing a local government unit shall specify the province, city,
municipality,
or barangay with which thelocal government unitsought to be abolished
will
be incorporated or merged.cralaw:red
SEC. 10. Plebiscite Requirement.
- No creation, division, merger, abolition, or substantial alteration
of
boundaries of local government units shall take effect unless approved
by a majority of the votes cast in a plebiscite called for the purpose
in the political unit or units directly affected. Said plebiscite shall
be conducted by the Commission on Elections (Comelec) within one
hundred
twenty (120) days from the date of effectivity of the law or ordinance
effecting such action, unless said law or ordinance fixes another date.cralaw:red
SEC. 11. Selection and
Transfer of Local Government Site, Offices and Facilities. - (a)
The
law or ordinance creating or merging local government units shall
specify
the seat of government from where governmental and corporate services
shall
be delivered. In selecting said site, factors relating to geographical
centrality, accessibility, availability of transportation and
communication
facilities, drainage and sanitation, development and economic progress,
and other relevant considerations shall be taken into account.cralaw:red
(b)When conditions
and developments in the local government unit concerned have
significantly
changed subsequent to the establishment of the seat of government, its
sanggunian may, after public hearing and by a vote of two-thirds (2/3)
of all its members, transfer the same to a site better suited to its
needs.
Provided, however, That no such transfer shall be made outside the
territorial
boundaries of the local government unit concerned.cralaw:red
The old site, together
with the improvements thereon, may be disposed of by sale or lease or
converted
to such other use as the sanggunian concerned may deem beneficial to
the
local government unit concerned and its inhabitants.cralaw:red
(c) Local government
offices and facilities shall not be transferred, relocated, or
converted
to other uses unless public hearings are first conducted for the
purpose
and the concurrence of the majority of all the members of the
sanggunian
concerned is obtained.cralaw:red
SEC. 12. Government Centers.
- Provinces, cities, and municipalities shall endeavor to establish a
government
center where offices, agencies, or branches of the national government
, local government units, or government-owned or -controlled
corporations
may, as far as practicable, be located. In designating such a center,
the
local government unit concerned shall take into account the existing
facilities
of national and local agencies and offices which may serve as the
government
center as contemplated under this Section. The national government ,
local
government unit or government-owned or -controlled corporation
concerned
shall bear the expenses for the construction of its buildings and
facilities
in the government center.cralaw:red
SEC. 13. Naming of Local
Government Units and Public Places, Streets and Structures. - (a)
The
sangguniang panlalawigan may, in consultation with the Philippine
Historical
Commission (PHC), change the name of the following within its
territorial
jurisdiction:chanrobles virtual law library
(1) Component cities and
municipalities, upon the recommendation of the sanggunian concerned;
(2) Provincial roads,
avenues,
boulevards, thorough-fares, and bridges;
(3) Public vocational or
technical schools and other post-secondary and tertiary schools;
(4) Provincial
hospitals,
health centers, and other health facilities; and
(5) Any other public
place
or building owned by the provincial government.
(b) The sanggunian of
highly urbanized cities and of component cities whose charters prohibit
their voters from voting for provincial elective officials, hereinafter
referred to in this Code as independent component cities, may, in
consultation
with the Philippine Historical Commission, change the name of the
following
within its territorial jurisdiction:chanroblesvirtuallawlibrary
(1) City barangays, upon
the recommendation of the sangguniang barangay concerned;
(2) City roads, avenues,
boulevards, thoroughfares,and bridges;
(3) Public
elementary, secondary
and vocational or technical schools, community colleges and
non-chartered
colleges;
(4) City hospitals,
health
centers and other health facilities; and
(5) Any other public
place
or building owned by thecity government.cralaw:red
(c) The sanggunians of
component cities and municipalities may, in consultation with the
Philippine
Historical Commission, change the name of the following within its
territorial
jurisdiction:chanroblesvirtuallawlibrary
(1) city and municipal
barangays,
upon recommendation of the sangguniang barangay concerned;
(2) city, municipal and
barangay roads, avenues, boulevards, thoroughfares, and bridges;
(3) city and municipal
public
elementary, secondary and vocational or technical schools,
post-secondary
and other tertiary schools;
(4) city and municipal
hospitals,
health centers and other health facilities; and (5)Any other public
place
or building owned by the municipal government.
(d) None of the foregoing
local government units, institutions, places, or buildings shall be
named
after a living person, nor may a change of name be made unless for a
justifiable
reason and, in any case, not oftener than once every ten (10) years.
The
name of a local government unit or a public place, street or structure
with historical, cultural, or ethnic significance shall not be changed,
unless by a unanimous vote of the sanggunian concerned and in
consultation
with the PHC.
(e) A change of name
of a public school shall be made only upon the recommendation of the
local
school board concerned.cralaw:red
(f) A change of name
of public hospitals, health centers, and other health facilities shall
be made only upon the recommendation of the local health board
concerned.cralaw:red
(g) The change of name
of anylocal government unit shall be effective only upon ratification
in
a plebiscite conducted for the purpose in the political unit directly
affected.
In any change of name, the Office of the President, the representative
of the legislative district concerned, and the Bureau of Posts shall be
notified.cralaw:red
SEC. 14. Beginning of
Corporate Existence. - When a new local government unit is created,
its corporate existence shall commence upon the election and
qualification
of its chief executive and a majority of the members of its sanggunian,
unless some other time is fixed therefor by the law or ordinance
creating
it.cralaw:red
SEC. 15. Political and
Corporate Nature of Local Government Units. - Every local
government
unit created or recognized under this Code is a body politic and
corporate
endowed with powers to be exercised by it in conformity with law. As
such,
it shall exercise powers as a political subdivision of the national
government
and as a corporate entity representing the inhabitants of its territory.cralaw:red
SEC. 16. General Welfare.
- Every local government unit shall exercise the powers expressly
granted,
those necessarily implied therefrom, as well as
powers necessary,
appropriate,
or incidental for its efficient and effective governance, and those
which
are essential to the promotion of the general welfare. Within their
respective
territorial jurisdictions, local government units shall ensure and
support,
among other things, the preservation and enrichment of culture, promote
health and safety, enhance the
right of the people to a balanced ecology, encourage and support the
development
of appropriate and self-reliant scientific and technological
capabilities, improve
public
morals, enhance economic prosperity and social justice, promote full
employment
among their residents, maintain peace andorder,
and preserve the comfort and convenience of their inhabitants.cralaw:red
SEC. 17. Basic Services
and Facilities. - (a) Local government units shall endeavor to be
self-reliant
and shall continue exercising the powers and discharging the duties and
functions currently vested upon them. They shall also discharge the
functions
and responsibilities of national agencies and
offices devolved to them
pursuant
to this Code. Local government units shall likewise exercise such other
powers and discharge such other functions and responsibilities as are
necessary,
appropriate, or incidental to efficient and effective provision of the
basic services and facilities enumerated herein.
(b)
Such basic services and facilities include, but are not
limited to, the following:chanrobles virtual law library
(1)For a Barangay:chanroblesvirtuallawlibrary
(i) Agricultural support
services which include planting materials distribution system and
operation
of farm produce collection and buying
stations;
(ii) Health and social
welfare
services which include maintenance of barangay health center and
day-care
center;
(iii) Services and
facilities
related to general hygiene and sanitation, beautification, and solid
waste
collection;
(iv) Maintenance of
katarungang
pambarangay;
(v) Maintenance of
barangay
roads and bridges and water supply systems
(vi) Infrastructure
facilities
such as multi- purpose hall, multipurpose pavement, plaza, sports
center,
and other similar facilities;
(vii) Information and
reading
center; and
(viii) Satellite or
public
market, where viable;
(2) For a municipality:chanroblesvirtuallawlibrary
(i) Extension and
on-site
research services and facilities related to agriculture and fishery
activities
which include dispersal of livestock and poultry,
fingerlings, and other seeding materials for aquaculture; palay, corn,
and vegetable seed farms; medicinal plant gardens; fruit tree, coconut,
and other kinds of seedling nurseries; demonstration farms; quality
control
of copra and improvement and development of local distribution
channels,
preferably through cooperatives; interbarangay irrigation system; water
and soil resource utilization and conservation
projects; and
enforcement of
fishery laws in municipal waters including the conservation of
mangroves;
(ii) Pursuant to
national
policies and subject to supervision, control and review of the DENR,
implementation
of community-based forestry projects which
include integrated social forestry programs and similar projects;
management
and control of communal forests with an area not exceeding fifty (50)
square
kilometers; establishment of tree parks, greenbelts, and similar forest
development projects;
(iii) Subject to the
provisions
of Title Five, Book I of this Code, health services which include the
implementation
of programs and projects on primary
health care, maternal and child care, and communicable and
non-communicable
disease control services; access to secondary and tertiary
health services;
purchase of
medicines, medical supplies, and equipment needed to carry out the
services
herein enumerated;
(iv) Social welfare
services
which include programs and projects on child and youth welfare, family
and community welfare, women's welfare, welfare
of the elderly and
disabled
persons; community-based rehabilitation programs for vagrants, beggars,
street children, scavengers, juvenile delinquents, and victims of drug
abuse; livelihood and other pro-poor
projects; nutrition
services;
and family planning services;
(v) Information services
which include investments and job placement information systems, tax
and
marketing information systems, and maintenance of a public library;
(vi) Solid waste
disposal
system or environmental management system and services or facilities
related
to general hygiene and sanitation;
(vii) Municipal
buildings,
cultural centers, public parks including freedom parks, playgrounds,
and
sports facilities and equipment, and other similar
facilities;
(viii) Infrastructure
facilities
intended primarily to service the needs of the residents of the
municipality
and which are funded out of municipal funds including, but not limited
to, municipal roads and bridges; school buildings and other facilities
for public elementary and secondary schools; clinics, health centers
and
other health facilities necessary to carry out health services;
communal
irrigation, small water impounding projects and other similar projects;
fish ports; artesian wells, spring development,
rainwater collectors and
water
supply systems; seawalls, dikes, drainage and sewerage, and flood
control;
traffic signals and road signs; and similar
facilities;
(ix) Public markets,
slaughterhouses
and other municipal enterprises;
(x) Public cemetery;
(xi) Tourism facilities
and other tourist attractions, including the acquisition of equipment,
regulation and supervision of business concessions, and security
services
for such facilities; and
(xii) Sites for police
and
fire stations and substations and the municipal jail;
(3) For a Province:chanroblesvirtuallawlibrary
(i) Agricultural
extension
and on-site research services and facilities which include the
prevention
and control of plant and animal pests and
diseases; dairy farms,
livestock
markets, animal breeding stations, and artificial insemination centers;
and assistance in the organization of farmers'
and fishermen's cooperatives and other collective organizations, as
well
as the transfer of appropriate technology;
(ii) Industrial research
and development services, as well as the transfer of appropriate
technology;
(iii) Pursuant to
national
policies and subject to supervision, control and review of the DENR,
enforcement
of forestry laws limited to community-based forestry projects,
pollution
control law, small-scale mining law, and other
laws on the protection
of
the environment; and mini-hydro electric projects for local purposes;
(iv) Subject to the
provisions
of Title Five, Book I of this Code, health services which include
hospitals
and other tertiary health services;
(v) Social welfare
services
which include pro grams and projects on rebel returnees and evacuees;
relief
operations; and, population development services;
(vi) Provincial
buildings,
provincial jails, freedom parks and other public assembly areas, and
other
similar facilities;
(vii) Infrastructure
facilities
intended to service the needs of the residents of the province and
which
are funded out of provincial funds including, but not limited to,
provincial
roads and bridges; inter-municipal waterworks, drainage and sewerage,
flood
control, and irrigation systems; reclamation projects; and similar
facilities;
(viii) Programs and
projects
for low-cost housing and other mass dwellings, except those funded by
the
Social Security System (SSS), Government Service Insurance System
(GSIS),
and the Home Development Mutual Fund (HDMF): Provided, That national
funds
for these programs and projects shall be equitably allocated among the
regions in proportion to the ratio of the homeless to the population;
(ix) Investment support
services, including access to credit financing;
(x) Upgrading and
modernization
of tax information and collection services through the use of computer
hardware and software and other means;
(xi) Inter-municipal
telecommunications
services, subject to national policy guidelines; and
(xii) Tourism
development
and promotion programs;
(4) For a City:chanroblesvirtuallawlibrary
All the services and facilities
of the municipality and province, and in addition thereto, the
following:chanrobles virtual law library
(i) Adequate
communication
and transportation facilities;
(ii) Support for
education,
police and fire services and facilities.
(c) Notwithstanding the provisions
of subsection (b) hereof, public works and infrastructure projects and
other facilities funded by the national government under the annual
General
Appropriations Act, other special laws, pertinent executive orders, and
those wholly or partially funded from foreign sources, are not covered
under this Section, except in those cases
where the local government
unit
concerned is duly designated as the implementing agency for such
projects,
facilities, programs, and services.
(d) The designs, plans,
specifications, testing of materials, and the procurement of equipment
and materials from both foreign and local sources
necessary for the
provision
of the foregoing services and facilities shall be undertaken by the
local
government unit concerned, based on national
policies, standards and
guidelines.
(e) National agencies or
offices concerned shall devolve to local government units the
responsibility
for the provision of basic services and facilities enumerated in this
Section
within six (6) months after the effectivity of this Code.
As used in this Code, the
term "devolution" refers to the act by which the national government
confers
power and authority upon the various local government units to perform
specific functions and responsibilities.
(f) The national
government
or the next higher level of local government unit may provide or
augment
the basic services and facilities assigned to a
lower level of local
government
unit when such services or facilities are not made available or, if
made
available, are inadequate to meet the
requirements of its
inhabitants.
(g) The basic services and
facilities hereinabove enumerated shall be funded from the share of
local
government units in the proceeds of national
taxes and other local
revenues
and funding support from the national government, its instrumentalities
and government-owned or -controlled corporations which are tasked by
law
to establish and maintain such services
or facilities. Any fund or resource available for the use of local
government
units shall be first allocated for the provision of basic services or
facilities
enumerated in subsection (b) hereof before applying the same for other
purposes, unless otherwise provided in this Code.
(h) The Regional offices
of national agencies or offices whose functions are devolved to local
government
units as provided herein shall be phased out within one (1) year from
the
approval of this Code. Said national agencies and offices may establish
such field units as may be necessary for monitoring purposes and
providing
technical assistance to local government units. The properties,
equipment,
and other assets of these regional offices shall be distributed to the
local government units in the region in accordance
with the rules and regulations issued by the oversight committee
created
under this Code.
(i) The devolution
contemplated
in this Code shall include the transfer to local government units of
the
records, equipment, and other assets and personnel of national agencies
and offices corresponding to the devolved powers, functions, and
responsibilities.
Personnel of said national
agencies or offices shall be absorbed by the local government units to
which they belong or in whose areas they are assigned to the extent
that
it is administratively viable as determined by the said oversight
committee:
Provided, That the rights accorded to such personnel pursuant to civil
service law, rules and regulations shall not be
impaired: Provided,
Further,
That regional directors who are career executive service officers and
other
officers of similar rank in the said regional offices who cannot be
absorbed
by the local government unit shall be retained by the national
government,
without any diminution of rank, salary or tenure.
(j) To ensure the active
participation of the private sector in local governance, local
government
units may, by ordinance, sell, lease, encumber, or otherwise dispose of
public economic enterprises owned by them
in their proprietary
capacity.
Costs may also be charged
for the delivery of basic services or facilities enumerated in this
Section.cralaw:red
SEC. 18. Power to Generate
and Apply Resources. - Local government units shall have the power
and authority to establish an organization that shall
be responsible for the
efficient
and effective implementation of their development plans, program
objectives
and priorities; to create their own
sources of revenue and to
levy taxes, fees, and charges which shall accrue exclusively for their
use and disposition and which shall be retained by
them; to have a just share
in national taxes which shall be automatically and directly released to
them without need of any further action; to have
an equitable share in the
proceeds from the utilization and development of the national wealth
and
resources within their respective territorial
jurisdictions including
sharing the same with the inhabitants by way of direct benefits; to
acquire,
develop, lease, encumber, alienate, or otherwise dispose of real or
personal
property held by them in their proprietary capacity and to apply their
resources and assets for productive, developmental, or welfare
purposes,
in the exercise or furtherance of their governmental or proprietary
powers
and functions and thereby ensure their development into self-reliant
communities
and active participants in the attainment of national goals.
SEC. 19. Eminent
Domain.
- A local government unit may, through its chief executive and
acting
pursuant to an ordinance, exercise the power of eminent domain for
public
use, or purpose, or welfare for the benefit of the poor and the
landless,
upon payment of just compensation, pursuant to the provisions of the
Constitution
and pertinent laws: Provided, however, That
the power of eminent domain may not be exercised unless a valid and
definite
offer has been previously made to the owner, and such offer was not
accepted:
Provided, further, That the local government unit may
immediately take
possession
of the property upon the filing of the expropriation proceedings and
upon
making a deposit with the proper court of at least fifteen percent
(15%)
of the fair market value of the property based on the current tax
declaration
of the property to be expropriated: Provided, finally, That, the amount
to be paid for the expropriated property
shall be determined by the proper court, based on the fair market value
at the time of the taking of the property.
SEC. 20. Reclassification
of Lands. - (a) A city or municipality may, through an ordinance
passed
by the sanggunian after conducting public hearings for the purpose,
authorize
the reclassification of agricultural lands and provide for the manner
of
their utilization or disposition in the following cases: (1) when the
land
ceases to be economically feasible and sound
for agricultural purposes as determined by the Department of
Agriculture
or (2) where the land shall have substantially greater economic value
for
residential, commercial, or industrial purposes, as determined by the
sanggunian
concerned: Provided, That such reclassification shall be limited to the
following percentage of the total agricultural land area at the time of
the passage of the ordinance:chanrobles virtual law library
(1) For highly urbanized
and independent component cities, fifteen percent (15%);
(2) For component cities
and first to third class municipalities, ten percent (10%); and
(3) For fourth to sixth
class municipalities, five percent (5%): Provided, further, That
agricultural
lands distributed to agrarian reform beneficiaries
pursuant to Republic Act Numbered Sixty-six hundred fifty-seven (R.A.
No.
6657), otherwise known as "The Comprehensive Agrarian
Reform Law",
shall not
be affected by the said reclassification and the conversion of such
lands
into other purposes shall be governed by Section65 of said Act.
(b) The President may, when
public interest so requires and upon recommendation of the National
Economic
and Development Authority, authorize a city or municipality to
reclassify
lands in excess of the limits
set in the next preceding paragraph.
(c) The local government
units shall, in conformity with existing laws, continue to prepare
their
respective comprehensive land use plans enacted
through zoning ordinances
which shall be the primary and dominant bases for the future use of
land
resources: Provided, That the requirements for food
production, human
settlements,
and industrial expansion shall be taken into consideration in the
preparation
of such plans.
(d) Where approval by a
national agency is required for reclassification, such approval shall
not
be unreasonably withheld. Failure to act on a
proper and complete
application
for reclassification within three (3) months from receipt of the same
shall
be deemed as approval thereof.
(e) Nothing in this
Section
shall be construed as repealing, amending, or modifying in any manner
the
provisions of R.A. No. 6657.
SEC. 21. Closure and
Opening of Roads. - (a) A local government unit may, pursuant to
an
ordinance, permanently or temporarily close or open any
local road, alley, park,
or
square falling within its jurisdiction: Provided, however, That in case
of permanent closure, such ordinance must be approved by at least
two-thirds
(2/3) of all the members of the sanggunian,
and when necessary, an adequate substitute for the public facility that
is subject to closure is provided.
(b) No such way or place
or any part thereof shall be permanently closed without making
provisions
for the maintenance of public safety therein. A property thus
permanently
withdrawn from public use may be used or conveyed for any purpose for
which
other real property belonging to the local government unit concerned
may
be lawfully used or conveyed: Provided, however, That no freedom park
shall
be closed permanently without provision for its transfer or relocation
to a new site.
(c) Any national or local
road, alley, park, or square may be temporarily closed during an actual
emergency, or fiesta celebrations, public rallies, agricultural or
industrial
fairs, or an undertaking of public works and highways,
telecommunications,
and waterworks projects, the duration of which shall be specified by
the
local chief executive concerned in a written order: Provided, however,
That no national or local road, alley, park, or square shall set
temporarily
closed for athletic, cultural, or civic activities not officially
sponsored,
recognized, or approved by the
local government unit
concerned.
(d) Any city,
municipality,
or barangay may, by a duly enacted ordinance, temporarily close and
regulate
the use of any local street, road, thoroughfare, or any other public
place
where shopping malls, Sunday, flea or night markets, or shopping areas
may be established and where goods, merchandise, foodstuffs,
commodities,
or articles of commerce may be sold and dispensed to the general public.
SEC. 22. Corporate
Powers.
- (a) Every local government unit, as a corporation, shall have the
following
powers:chanroblesvirtuallawlibrary
(1) To have continuous
succession
in its corporate name;
(2) To sue and be sued;
(3) To have and use a
corporate
seal;
(4) To acquire and
convey
real or personal property;
(5) To enter into
contracts;
and
(6) To exercise such
other
powers as are granted to corporations, subject to the limitations
provided
in this Code and other laws.
(b) Local government units may
continue using, modify, or change their existing corporate seals:
Provided,
That newly established local government units or those without
corporate
seals may create their own corporate seals which shall be registered
with
the Department of the Interior and Local Government: Provided, further,
That any change of corporate seal shall also be registered as provided
herein.
(c) Unless otherwise
provided
in this Code, no contract may be entered into by the local chief executive
in behalf of the local government unit without prior authorization by
the
sanggunian concerned. A legible copy of such contract shall be posted
at
a conspicuous place in the provincial capitol or the city, municipal or
barangay hall.
(d) Local government units
shall enjoy full autonomy in the exercise of their proprietary
functions
and in the management of their economic enterprises, subject to the
limitations
provided in this Code and other applicable
laws.
SEC. 23. Authority to
Negotiate and Secure Grants. - Local chief executives may, upon
authority
of the sanggunian, negotiate and secure financial
grants or donations in
kind,
in support of the basic services or facilities enumerated under Section
17 hereof, from local and foreign assistance agencies without necessity
of securing clearance or approval therefor from any department, agency,
or office of the national government or from any higher local
government
unit: Provided, That projects financed by
such grants or assistance
with
national security implications shall be approved by the national agency
concerned: Provided, further, That when such national agency fails to
act
on the request for approval within thirty (30) days from receipt
thereof,
the same shall be deemed approved.
The local chief executive
shall, within thirty (30) days upon signing of such grant agreement or
deed of donation, report the nature, amount, and terms of such
assistance
to both Houses of Congress and the President.
SEC. 24. Liability for
Damages. - Local government units and their officials are not
exempt
from liability for death or injury to persons or
damage to property.
CHAPTER 3. - INTERGOVERNMENTAL
RELATIONSArticle One. -
National Government
and Local Government UnitsSEC. 25. National
Supervision
over Local Government Units. - (a) Consistent with the basic policy
on local autonomy, the President shall exercise general supervision
over
local government units to ensure that their acts are within the scope
of
their prescribed powers and functions.
The President shall exercise
supervisory authority directly over provinces, highly urbanized cities,
and independent component cities; through the province with respect to
component cities and municipalities; and through the city and
municipality
with respect to barangays.cralaw:red
(b) National agencies and
offices with project implementation functions shall coordinate with one
another and with the local government units concerned in the discharge
of these functions. They shall ensure the participation of local
government
units both in the planning and implementation of said national projects.cralaw:red
(c) The President may,
upon request of the local government unit concerned, direct the
appropriate
national agency to provide financial, technical, or other forms of
assistance
to the local government unit. Such assistance shall be extended at no
extra
cost to the local government unit concerned.cralaw:red
(d) National agencies
and offices including government-owned or -controlled corporations with
field units or branches in a province, city, or municipality shall
furnish
the local chief executive concerned, for his infor mation and guidance,
monthly reports including duly certified budgetary allocations and
expenditures.cralaw:red
SEC. 26. Duty of National
Government Agencies in the Maintenance of Ecological Balance. - It
shall be the duty of every national agency or government-owned or
-controlled
corporation authorizing or involved in the planning and implementation
of any project or program that may cause pollution, climatic change,
depletion
of non-renewable resources, loss of crop land, rangeland, or forest
cover,
and extinction of animal or plant species, to consult with the local
government
units, nongovernmental organizations, and other sectors concerned and
explain
the goals and objectives of the project or program, its impact upon the
people and the community in terms of environmental or ecological
balance,
and the measures that will be undertaken to prevent or minimize the
adverse
effects thereof.cralaw:red
SEC. 27. Prior Consultations
Required.- No project or program shall be implemented by government
authorities unless the consultations mentioned in Sections 2 (c) and 26
hereof are complied with, and prior approval of the sanggunian
concerned
is obtained: Provided, That occupants in areas where such projects are
to be implemented shall not be evicted unless appropriate relocation
sites
have been provided, in accordance with the provisions of the
Constitution.
Article Two. -
Relations with
the Philippine National PoliceSEC. 28. - Powers of
Local
Chief Executives over the Units of the Philippine National Police.
- The extent of operational supervision and control of local chief
executives
over the police force, fire protection unit, and jail management
personnel
assigned in their respective jurisdictions shall be governed by the
provisions
of Republic Act Numbered Sixty-nine hundred seventy-five (R.A. No.
6975),
otherwise known as "The Department of the Interior and Local
Government
Act of 1990", and the rules and regulations issued pursuant thereto.
Article Three. -
Inter-Local
Government RelationsSEC. 29. Provincial
Relations
with Component Cities and Municipalities. - The province, through
the
governor, shall ensure that every component city and municipality
within
its territorial jurisdiction acts within the scope of its prescribed
powers
and functions. Highly urbanized cities and independent component cities
shall be independent of the province.
SEC. 30. Review of Executive
Orders. - (a) Except as otherwise provided under the Constitution
and
special statutes, the governor shall review all executive orders
promulgated
by the component city or municipal Mayor within his jurisdiction. The
city
or municipal Mayor shall review all executive orders promulgated by the
punong barangay within his jurisdiction. Copies of such orders shall be
forwarded to the governor or the city or municipal Mayor, as the case
may
be, within three (3) days from their issuance. In all instances of
review,
the local chief executive concerned shall ensure that such executive
orders
are within the powers granted by law and in conformity with provincial,
city, or municipal ordinances.cralaw:red
(b) If the governor or the
city or municipal Mayor fails to act on said executive orders within
thirty
(30) days after their submission, the same shall be deemed consistent
with
law and therefore valid.cralaw:red
SEC. 31. Submission of
Municipal Questions to the Provincial Legal Officer or Prosecutor.
- In the absence of a municipal legal officer, the municipal government
may secure the opinion of the provincial legal officer, and in the
absence
of the latter, that of the provincial prosecutor on any legal question
affecting the municipality.cralaw:red
SEC. 32. City and Municipal
Supervision over Their Respective Barangays. - The city or
municipality,
through the city or municipal Mayor concerned, shall exercise general
supervision
over component barangays to ensure that said barangays act within the
scope
of their prescribed powers and functions.cralaw:red
SEC. 33. Cooperative Undertakings
Among Local Government Units. - Local government units may, through
appropriate ordinances, group themselves, consolidate, or coordinate
their
efforts, services, and resources for purposes commonly beneficial to
them.
In support of such undertakings, thelocal government units involved
may,
upon approval by the sanggunian concerned after a public hearing
conducted
for the purpose, contribute funds, real estate, equipment, and other
kinds
of property and appoint or assign personnel under such terms and
conditions
as may be agreed upon by the participating local units through
Memoranda
of Agreement.
CHAPTER 4. - RELATIONS
WITH
PEOPLE'S AND NONGOVERNMENTAL ORGANIZATIONSSEC. 34. Role of
People's
and Nongovernmental Organizations. - Local government units shall
promote
the establishment and operation of people's and nongovernmental
organizations
to become active partners in the pursuit of local autonomy.
SEC. 35. Linkages with
People's and Non-Governmental Organizations. - Local government
units
may enter into joint ventures and such other cooperative arrangements
with
people's and nongovernmental organizations to engage in the delivery of
certain basic services, capability-building and livelihood projects,
and
to develop local enterprises designed to improve productivity and
income,
diversify agriculture, spur rural industrialization, promote ecological
balance, and enhance the economic and social well-being of the people.cralaw:red
SEC. 36. Assistance to
People's and Nongovernmental Organizations. - A local government
unit
may, through its local chief executive and with the concurrence of the
sanggunian concerned, provide assistance, financial or otherwise, to
such
people's and nongovernmental organizations for economic,
socially-oriented,
environmental, or cultural projects to be implemented within its
territorial
jurisdiction.
CHAPTER 5. - LOCAL
PREQUALIFICATION,
BIDS AND AWARDS COMMITTEESEC. 37. Local
Prequalification,
Bids and Awards Committee (Local PBAC). - (a) There is hereby
created
a local prequalification, bids and awards committee in every province,
city, and municipality, which shall be primarily responsible for the
conduct
of prequalification of contractors, bidding, evaluation of bids, and
the
recommendation of awards concerning local infrastructure projects. The
governor or the city or municipal Mayor shall act as the chairman with
the following as members:chanroblesvirtuallawlibrary
(1) The chairman of the
appropriations committee of the sanggunian concerned;
(2) A representative
of the
minority party in the sanggunian concerned, if any, or if there be
none,
one (1) chosen by said sanggunian from among its members;
(3) The local
treasurer;
(4) Two (2)
representatives
of nongovernmental organizations that are represented in the local
development
council concerned, to be chosen by the organizations themselves; and cralaw:red
(5) Any
practicing
certified public accountant from the private sector, to be designated
by
the local chapter of the Philippine Institute of Certified Public
Accountants,
if any.cralaw:red
Representatives of the
Commission on Audit shall observe the proceedings of such committee and
shall certify that the rules and procedures for prequalification, bids
and awards have been complied with.
(b) The agenda and
other information relevant to the meetings of such committee shall be
deliberated
upon by the committee at least one (1) week before the holding of such
meetings.cralaw:red
(c) All meetings of the committee
shall be held in the provincial capitol or the city or municipal hall.
The o;O7 minutes of such meetings of the committee and any decision
made
therein shall be duly recorded, posted at a prominent place in the
provincial
capitol or the city or municipal hall, and delivered by the most
expedient
means to elective local officials concerned.cralaw:red
SEC. 38. Local Technical
Committee. - (a) There is hereby created a local technical
committee
in every province, city and municipality to provide technical
assistance
to the local prequalification, bids and awards committees. It shall be
composed of the provincial, city or municipal engineer, the local
planning
and development coordinator, and such other officials designated by the
local prequalification, bids and awards committee.cralaw:red
(b) The chairman of the local
technical committee shall be designated by the local prequalification,
bids and awards committee and shall attend its meeting in order to
present
the reports and recommendations of the local technical committee.
TITLE TWO. - ELECTIVE OFFICIALSCHAPTER 1. - QALIFICATIONS
AND ELECTIONSEC. 39. Qualifications.
- (a) An elective local official must be a citizen of the Philippines;
a registered voter in the barangay, municipality, city, or province or,
in the case of a member of the sangguniang panlalawigan, sangguniang
panlungsod,
or sanggunian bayan, the district where he intends to be elected; a
resident
therein for at least one (1) year immediately preceding the day of the
election; and able to read and write Filipino or any other local
language
or dialect.
(b) Candidates for
the position of governor, vice- governor or member of the sangguniang
panlalawigan,
or Mayor, vice-mayor or member of the sangguniang panlungsod of highly
urbanized cities must be at least twenty-three (23) years of age on
election
day.cralaw:red
(c) Candidates for
the position of Mayor or vice-mayor of independent component cities,
component
cities, or municipalities must be at least twenty-one (21) years of age
on election day.cralaw:red
(d) Candidates for
the position of member of the sangguniang panlungsod or sangguniang
bayan
must be at least eighteen (18) years of age on election day.cralaw:red
(e) Candidates for
the position of punong barangay or member of the sangguniang barangay
must
be at least eighteen (18) years of age on election day.cralaw:red
(f) Candidates for
the sangguniang kabataan must be at least fifteen (15) years of age but
not more than twenty-one (21) years of age on election day.cralaw:red
SEC. 40. Disqualifications.
- The following persons are disqualified from running for any elective
local position:chanrobles virtual law library
(a) Those sentenced
by final judgment for an offense involving moral turpitude or for an
offense
punishable by one (1) year or more of imprisonment, within two (2)
years
after serving sentence; (b) Those removed from office as a result of an
administrative case;
(c) Those convicted
by final judgment for violating the oath of allegiance to the Republic;
(d) Those with dual
citizenship;
(e) Fugitives from
justice in criminal or nonpolitical cases here or abroad;
(f) Permanent residents
in a foreign country or those who have acquired the right to reside
abroad
and continue to avail of the same right after the effectivity of this
Code; and cralaw:red
(g) The insane or feeble-minded.cralaw:red
SEC. 41. Manner of Election.
- (a) The governor, vice- governor, city Mayor, city vice-mayor,
municipal
Mayor, municipal vice-mayor, and punong barangay shall be elected at
large
in their respective units by the qualified voters therein. However, the
sangguniang kabataan chairman for each barangay shall be elected by the
registered voters of the katipunan ng kabataan, as provided in this
Code.cralaw:red
(b) The regular members
of the sangguniang panlalawigan, sangguniang panlungsod, and
sangguniang
bayan shall be elected by district, as may be provided for by law.
Sangguniang
barangay members shall be elected at large. The presidents of the
leagues
of sanggunian members of component cities and municipalities shall
serve
as ex officio members of the sangguniang panlalawigan concerned. The
presidents
of the liga ng mga barangay and the pederasyon ng mga sangguniang
kabataan
elected by their respective chapters, as provided in this Code, shall
serve
as ex officio members of the sangguniang panlalawigan, sangguniang
panlungsod,
and sangguniang bayan.cralaw:red
(c) In addition thereto,
there shall be one (1) sectoral representative from the women, one (1)
from the workers, and one (1) from any of the following sectors: the
urban
poor, indigenous cultural communities, disabled persons, or any other
sector
as may be determined by the sanggunian concerned within ninety (90)
days
prior to the holding of the next local elections, as may be provided
for
by law. The Comelec shall promulgate the rules and regulations to
effectively
provide for the election of such sectoral representatives.cralaw:red
SEC. 42. Date of Election.
- Unless otherwise provided by law, the elections for local officials
shall
be held every three (3) years on the second Monday of May.cralaw:red
SEC. 43. Term of Office.
- (a) The term of office of all local elective officials elected after
the effectivity of this Code shall be three (3) years, starting from
noon
of June 30, 1992 or such date as may be provided for by law, except
that
of elective barangay officials: Provided, That all local officials
first
elected during the local elections immediately following the
ratification
of the 1987 Constitution shall serve until noon of June 30, 1992.cralaw:red
(b) No local elective
official shall serve for more than three (3) consecutive terms in the
same
position. Voluntary renunciation of the office for any length of time
shall
not be considered as an interruption in the continuity of service for
the
full term for which the elective official concerned was elected.cralaw:red
(c) The term of office
of barangay officials and members of the sangguniang kabataan shall be
for three (3) years, which shall begin after the regular election of
barangay
officials on the second Monday of May 1994.
CHAPTER 2. - VACANCIES
AND
SUCCESSIONSEC. 44. Permanent
Vacancies
in the Offices of the Governor, Vice-Governor, Mayor, and Vice-Mayor.
- If a permanent vacancy occurs in the office of the governor or Mayor,
the vice-governor or vice-mayor concerned shall become the governor or
Mayor. If a permanent vacancy occurs in the offices of the governor,
vice-governor,
Mayor, or vice-mayor, the highest ranking sanggunian member or, in case
of his permanent inability, the second highest ranking sanggunian
member,
shall become the governor, vice-governor, Mayor or vice-mayor, as the
case
may be. Subsequent vacancies in the said office shall be filled
automatically
by the other sanggunian members according to their ranking as defined
herein.
(b) If a permanent
vacancy occurs in the office of the punong barangay, the highest
ranking
sanggunian barangay member or, in case of his permanent inability, the
second highest ranking sanggunian member, shall become the punong
barangay.cralaw:red
(c) A tie between or
among the highest ranking sanggunian members shall be resolved by the
drawing
of lots.cralaw:red
(d) The successors
as defined herein shall serve only the unexpired terms of their
predecessors.
For purposes of this
Chapter,
a permanent vacancy arises when an elective local official fills a
higher
vacant office, refuses to assume office, fails to qualify, dies, is
removed
from office, voluntarily resigns, or is otherwise permanently
incapacitated
to discharge the functions of his office.cralaw:red
For purposes of succession
as provided in this Chapter, ranking in the sanggunian shall be
determined
on the basis of the proportion of votes obtained by each winning
candidate
to the total number of registered voters in each district in the
immediately
preceding local election.cralaw:red
SEC. 45. Permanent Vacancies
in the Sanggunian. - (a) Permanent vacancies in the sanggunian
where
automatic successions provided above do not apply shall be filled by
appointment
in the following manner:chanrobles virtual law library
(1) The President,
through
the Executive Secretary, in the case of the sangguniang panlalawigan
and
the sangguniang panlungsod of highly urbanized cities and independent
component
cities;
(2) The governor, in
the
case of the sangguniang panlungsod of component cities and the
sangguniang
bayan;
(3) The city or
municipal
Mayor, in the case of sangguniang barangay, upon recommendation of the
sangguniang barangay concerned.cralaw:red
(b) Except for the sangguniang
barangay, only the nominee of the political party under which the
sanggunian
member concerned had been elected and whose elevation to the position
next
higher in rank created the last vacancy in the sanggunian shall be
appointed
in the manner hereinabove provided. The appointee shall come from the
same
political party as that of the sanggunian member who caused the vacancy
and shall serve the unexpired term of the vacant office. In the
appointment
herein mentioned, a nomination and a certificate of membership of the
appointee
from the highest official of the political party concerned are
conditions
sine qua non, and any appointment without such nomination and
certification
shall be null and void ab initio and shall be a ground for
administrative
action against the official responsible therefor.
(c) In case the permanent
vacancy is caused by a sanggunian member who does not belong to any
political
party, the local chief executive shall, upon recommendation o;O7 of the
sanggunian concerned, appoint a qualified person to fill the vacancy.cralaw:red
(d) In case of vacancy in
the representation of the youth and the barangay in the sanggunian,
said
vacancy shall be filled automatically by the official next in rank of
the
organization concerned.cralaw:red
SEC. 46. Temporary Vacancy
in the Office of the Local Chief Executive. - (a) When the
governor,
city or municipal Mayor, or punong barangay is temporarily
incapacitated
to perform his duties for physical or legal reasons such as, but not
limited
to, leave of absence, travel abroad, and suspension from office, the
vice-governor,
city or municipal vice-mayor, or the highest ranking sangguniang
barangay
member shall automatically exercise the powers and perform the duties
and
functions of the local chief executive concerned, except the power to
appoint,
suspend, or dismiss employees which can only be exercised if the period
of temporary incapacity exceeds thirty (30) working days.cralaw:red
(b) Said temporary
incapacity shall terminate upon submission to the appropriate
sanggunian
of a written declaration by the local chief executive concerned that he
has reported back to office. In cases where the temporary incapacity is
due to legal causes, the local chief executive concerned shall also
submit
necessary documents showing that said legal causes no longer exist.cralaw:red
(c) When the incumbent
local chief executive is traveling within the country but outside his
territorial
jurisdiction for a period not exceeding three (3) consecu tive days, he
may designate in writing the officer-in-charge of the said office. Such
authorization shall specify the powers and functions that the local
official
concerned shallexercise in the absence of the local chief executive
except
the power to appoint, suspend, or dismiss employees.cralaw:red
(d) In the event, however,
that the local chief executive concerned fails or refuses to issue such
authorization, the vice-governor, the city or municipal vice-mayor, or
the highest ranking sangguniang barangay member, as the case may be,
shall
have the right to assume the powers, duties, and functions of the said
office on the fourth (4th) day of absence of the said local chief
executive,
subject to the limitations provided in subsection (c) hereof.cralaw:red
(e) Except as provided
above, the local chief executive shall in no case authorize any local
official
to assume the powers, duties, and functions of the office, other than
the
vice-governor, the city or municipal vice- Mayor, or the highest
ranking
sangguniang barangay member, as the case may be.cralaw:red
SEC. 47. Approval of Leaves
of Absence. - (a) Leaves of absence of local elective officials
shall
be approved as follows: (1) Leaves of absence of the governor and the
Mayor
of a highly urbanized city or an independent component city shall be
approved
by the President or his duly authorized representative;
(2) Leaves of absence
of a vice-governor or a city or municipal vice-mayor shall be approved
by the local chief executive concerned: Provided, That the leaves of
absence
of the members of the sanggunian and its employees shall be approved by
the vice-governor or city or municipal vice- mayor concerned;
(3) Leaves of absence of
the component city or municipal Mayor shall be approved by the
governor; and cralaw:red
(4) Leaves of absence of
a punong barangay shall be approved by the city or municipal mayor:
Provided,
That leaves of absence of sangguniang barangay members shall be
approved
by the punong barangay.cralaw:red
(b) Whenever the application
for leave of absence hereinabove specified is not acted upon within
five
(5) working days after receipt thereof, the application for leave of
absence
shall be deemed approved.
CHAPTER 3. - LOCAL
LEGISLATION
SEC. 48. Local Legislative
Power. - Local legislative power shall be exercised by the
sangguniang
panlalawigan for the province; the sangguniang panlungsod for the city;
the sangguniang bayan for the municipality; and the sangguniang
barangay
for the barangay.
SEC. 49. Presiding Officer.
- (a) The vice-governor shall be the presiding officer of the
sangguniang
panlalawigan; the city vice-mayor, of the sangguniang panlungsod; the
municipal
vice-mayor, of the sangguniang bayan; and the punong barangay, of the
sangguniang
barangay. The presiding officer shall vote only to break a tie.
(b) In the event of
the inability of the regular Presiding officer to preside at a
sanggunian
session, the members present and constituting a quorum shall elect from
among themselves a temporary presiding officer. He shall certify within
ten (10) days from the passage of ordinances enacted and resolutions
adopted
by the sanggunian in the session over which he temporarily presided.cralaw:red
SEC. 50. Internal Rules
of Procedure. - (a) On the first regular session following the
election
of its members and within ninety (90) days thereafter, the sanggunian
concerned
shall adopt or update its existing rules of procedure.cralaw:red
(b) The rules of procedure
shall provide for the following:chanrobles virtual law library
(1) The organization
of the sanggunian and the election of its officers as well as the
creation
of standing committees which shall include, but shall not be limited
to,
the committees on appropriations, women and family, human rights, youth
and sports development, environmental protection, and cooperatives; the
general jurisdiction of each committee; and the election of the
chairman
and members of each committee;
(2) The order and calendar
of business for each session;
(3) The legislative
process;
(4) The parliamentary
procedures which include the conduct of members during sessions;
(5) The discipline
of members for disorderly behavior and absences without justifiable
cause
for four (4) consecutive sessions, for which they may be censured,
reprimanded,
or excluded from the session, suspended for not more than sixty (60)
days,
or expelled: Provided, That the penalty of suspension or expulsion
shall
require the concurrence of at least two-thirds (2/3) vote of all the
sanggunian
members: Provided, further, That a member convicted by final judgment
to
imprisonment of at least one (1) year for any crime involving moral
turpitude
shall be automatically expelled from the sanggunian; and cralaw:red
(6) Such other rules
as the sanggunian may adopt.cralaw:red
SEC. 51. Full Disclosure
of Financial and Business Interests of Sanggunian Members. - (a)
Every
sanggunian member shall, upon assumption to office, make a full
disclosure
of his business and financial interests. He shall also disclose any
business,
financial, or professional relationship or any relation by affinity or
consanguinity within the fourth civil degree, which he may have with
any
person, firm, or entity affected by any ordinance or resolution under
consideration
by the sanggunian of which he is a member, which relationship may
result
in conflict of interest. Such relationship shall include:chanrobles virtual law library
(1) Ownership of stock
or capital, or investment, in the entity or firm to which the ordinance
or resolution may apply; and
(2) Contracts or
agreements
with any person or entity which the ordinance or resolution under
consideration
may affect. In the absence of a specific constitutional or statutory
provision
applicable to this situation, "conflict of interest" refers in general
to one where it may be reasonably deduced that a member of a sanggunian
may not act in the public interest due to some private, pecuniary, or
other
personal considerations that may tend to affect his judgment to the
prejudice
of the service or the public.cralaw:red
(b) The disclosure
required under this Act shall be made in writing and submitted to the
secretary
of the sanggunian or the secretary of the committee of which he is a
member.
The disclosure shall, in all cases, form part of the record of the
proceedings
and shall be made in the following manner:chanrobles virtual law library
(1) Disclosure shall
be made before the member participates in the deliberations on the
ordinance
or resolution under consideration: Provided, That, if the member did
not
participate during the deliberations, the disclosure shall be made
before
voting on the ordinance or resolution on second and third readings; and cralaw:red
(2) Disclosure shall
be made when a member takes a position or makes a privilege speech on a
matter that may affect the business interest, financial connection, or
professional relationship described herein.cralaw:red
SEC. 52. Sessions.
- (a) On the first day of the session immediately following the
election
of its members, the sanggunian shall, by resolution, fix the day, time,
and place of its regular sessions. The minimum number of regular
sessions
shall be once a week for the sangguniang panlalawigan, sangguniang
panlungsod,
and sangguniang bayan, and twice a month for the sangguniang barangay.cralaw:red
(b) When public interest
so demands, special sessions may be called by the local chief executive
or by a majority of the members of the sanggunian.cralaw:red
(c) All sanggunian
sessions shall be open to the public unless a closed-door session is
ordered
by an affirmative vote of a majority of the members present, there
being
a quorum, in the public interest or for reasons of security, decency,
or
morality. No two (2) sessions, regular or special, may be held in a
single
day.cralaw:red
(d) In the case of
special sessions of the sanggunian, a written notice to the members
shall
be served personally at the member's usual place of residence at least
twenty- four (24) hours before the special session is held. Unless
otherwise
concurred in by two-thirds (2/3) vote of the sanggunian members
present,
there being a quorum, no other matters may be considered at a special
session
except those stated in the notice.cralaw:red
(e) Each sanggunian
shall keep a journal and record of its proceedings which may be
published
upon resolution of the sanggunian concerned.cralaw:red
SEC. 53. Quorum. -
(a) A majority of all the members of the sanggunian who have been
elected
and qualified shall constitute a quorum to transact official business.
Should a question of quorum be raised during a session, the presiding
officer
shall immediately proceed to call the roll of the members and
thereafter
announce the results.cralaw:red
(b) Where there is
no quorum, the presiding officer may declare a recess until such time
as
a quorum is constituted, or a majority of the members present may
adjourn
from day to day and may compel the immediate attendance of any member
absent
without justifiable cause by designating a member of the sanggunian, to
be assisted by a member or members of the police force assigned in the
territorial jurisdiction of the local government unit concerned, to
arrest
the absent member and present him at the session.cralaw:red
(c) If there is still
no quorum despite the enforcement of the immediately preceding
subsection,
no business shall be transacted. The presiding officer, upon proper
motion
duly approved by the members present, shall then declare the session
adjourned
for lack of quorum.cralaw:red
SEC. 54. Approval of Ordinances.
- (a) Every ordinance enacted by the sangguniang panlalawigan,
sangguniang
panlungsod, or sangguniang bayan shall be presented to the provincial
governor
or city or municipal mayor, as the case may be. If the local chief
executive
concerned approves the same, he shall affix his signature on each and
every
page thereof; otherwise, he shall veto it and return the same with his
objections to the sanggunian, which may proceed to reconsider the same.
The sanggunian concerned may override the veto of the local chief
executive
by two-thirds (2/3) vote of all its members, thereby making the
ordinance
or resolution effective for all legal intents and purposes.cralaw:red
(b) The veto shall
be communicated by the local chief executive concerned to the
sanggunian
within fifteen (15) days in the case of a province, and ten (10) days
in
the case of a city or a municipality; otherwise, the ordinance shall be
deemed approved as if he had signed it.cralaw:red
(c) ordinances enacted
by the sangguniang barangay shall, upon approval by the majority of all
its members, be signed by the punong barangay.cralaw:red
SEC. 55. Veto Power of
the Local Chief Executive. - (a) The local chief executive may veto
any ordinance of the sangguniang panlalawigan, sangguniang panlungsod,
or sangguniang bayan on the ground that it is ultra vires or
prejudicial
to the public welfare, stating his reasons therefor in writing.cralaw:red
(b) The local chief
executive, except the punong barangay, shall have the power to veto any
particular item or items of an appropriations ordinance, an ordinance
or
resolution adopting a local development plan and public investment
program,
or an ordinance directing the payment of money or creating liability.
In
such a case, the veto shall not affect the item or items which are not
objected to. The vetoed item or items shall not take effect unless the
sanggunian overrides the veto in the manner herein provided; otherwise,
the item or items in the appropriations ordinance of the previous year
corresponding to those vetoed, if any, shall be deemed reenacted.cralaw:red
(c) The local chief
executive may veto an ordinance or resolution only once. The sanggunian
may override the veto of the local chief executive concerned by
two-thirds
(2/3) vote of all its members, thereby making the ordinance effective
even
without the approval of the local chief executive concerned.cralaw:red
SEC. 56. Review of Component
City and Municipal Ordinances or Resolutions by the Sangguniang
Panlalawigan.
- (a) Within three (3) days after approval, the secretary to the
sanggunian
panlungsod or sangguniang bayan shall forward to the sangguniang
panlalawigan
for review, copies of approved ordinances and the resolutions approving
the local development plans and public investment programs formulated
by
the local development councils.cralaw:red
(b) Within thirty
(30) days after receipt of copies of such ordinances and resolutions,
the
sangguniang panlalawigan shall examine the documents or transmit them
to
the provincial attorney, or if there be none, to the provincial
prosecutor
for prompt examination. The provincial attorney or provincial
prosecutor
shall, within a period of ten (10) days from receipt of the documents,
inform the sangguniang panlalawigan in writing of his comments or
recommendations,
which may be considered by the sangguniang panlalawigan in making its
decision.cralaw:red
(c) If the sangguniang
panlalawigan finds that such an ordinance or resolution is beyond the
power
conferred upon the sangguniang panlungsod or sangguniang bayan
concerned,
it shall declare such ordinance or resolution invalid in whole or in
part.
The sangguniang panlalawigan shall enter its action in the minutes and
shall advise the corresponding city or municipal authorities of the
action
it has taken.cralaw:red
(d) If no action has
been taken by the sangguniang panlalawigan within thirty (30) days
after
submission of such an ordinance or resolution, the same shall be
presumed
consistent with law and therefore valid.cralaw:red
SEC. 57. Review of Barangay
Ordinances by the sangguniang panlungsod or sangguniang bayan. -
(a)
Within ten (10) days after its enactment, the sangguniang barangay
shall
furnish copies of all barangay ordinances to the sangguniang panlungsod
or sangguniang bayan concerned for review as to whether the ordinance
is
consistent with law and city or municipal ordinances.cralaw:red
(b) If the sangguniang
panlungsod or sangguniang bayan, as the case may be, fails to take
action
on barangay ordinances within thirty (30) days from receipt thereof,
the
same shall be deemed approved.cralaw:red
(c) If the sangguniang
panlungsod or sangguniang bayan, as the case may be, finds the barangay
ordinances inconsistent with law or city or municipal ordinances, the
sanggunian
concerned shall, within thirty (30) days from receipt thereof, return
the
same with its comments and recommendations to the sangguniang barangay
concerned for adjustment, amendment, or modification; in which case,
the
effectivity of the barangay ordinance is suspended until such time as
the
revision called for is effected.cralaw:red
SEC. 58. Enforcement of
Disapproved ordinances or Resolutions. - Any attempt to enforce any
ordinance or any resolution approving the local development plan and
public
investment program, after the disapproval thereof, shall be sufficient
ground for the suspension or dismissal of the official or employee
concerned.cralaw:red
SEC. 59. Effectivity of
Ordinances or Resolutions. (a) Unless otherwise stated in the
ordinance
or the resolution approving the local development plan and public
investment
program, the same shall take effect after ten (10) days from the date a
copy thereof is posted in a bulletin board at the entrance of the
provincial
capitol or city, municipal, or barangay hall, as the case may be, and
in
at least two (2) other conspicuous places in the local government unit
concerned.cralaw:red
(b) The secretary to
the sanggunian concerned shall cause the posting of an ordinance or
resolution
in the bulletin board at the entrance of the provincial capitol and the
city, municipal, or barangay hall in at least two (2) conspicuous
places
in the local government unit concerned not later than five (5) days
after
approval thereof.
The text of the ordinance
or resolution shall be disseminated and posted in Filipino or English
and
in the language or dialect understood by the majority of the people in
the local government unit concerned, and the secretary to the
sanggunian
shall record such fact in a book kept for the purpose, stating the
dates
of approval and posting.cralaw:red
(c) The gist of all
ordinances with penal sanctions shall be published in a newspaper of
general
circulation within the province where the local legislative body
concerned
belongs. In the absence of any newspaper of general circulation within
the province, posting of such ordinances shall be made in all
municipalities
and cities of the province where the sanggunian of origin is situated.cralaw:red
(d) In the case of
highly urbanized cities, the main features of the ordinance or
resolution
duly enacted or adopted shall, in addition to being posted, be
published
once in a local newspaper of general circulation within the city:
Provided,
That in the absence thereof the ordinance or resolution shall be
published
in any newspaper of general circulation.
CHAPTER 4. - DISCIPLINARY
ACTIONSSEC. 60. Grounds for
Disciplinary
Actions. - An elective local official may be disciplined,
suspended,
or removed from office on any of the following grounds:chanroblesvirtuallawlibrary
(a) Disloyalty to the
Republic of the Philippines;
(b) Culpable violation
of the Constitution;
(c) Dishonesty, oppression,
misconduct in office, gross negligence, or dereliction of duty;
(d) Commission of any
offense involving moral turpitude or an offense punishable by at least
prision mayor;
(e) Abuse of authority;
(f) Unauthorized absence
for fifteen (15) consecutive working days, except in the case of
members
of the sangguniang panlalawigan, sangguniang panlungsod, sangguniang
bayan,
and sangguniang barangay;
(g) Application for,
or acquisition of, foreign citizenship or residence or the status of an
immigrant of another country; and cralaw:red
(h) Such other grounds
as may be provided in this Code and other laws. An elective local
official
may be removed from office on the grounds enumerated above by order of
the proper court.cralaw:red
SEC. 61. Form and Filing
of Administrative Complaints. - A verified complaint against any
erring
local elective official shall be prepared as follows:chanrobles virtual law library
(a) A complaint against
any elective official of a province, a highly urbanized city, an
independent
component city or component city shall be filed before the Office of
the
President;
(b) A complaint against
any elective official of a municipality shall be filed before the
sangguniang
panlalaw igan whose decision may be appealed to the Office of the
President; and cralaw:red
(c) A complaint against
any elective barangay official shall be filed before the sangguniang
panlungsod
or sangguniang bayan concerned whose decision shall be final and
executory.cralaw:red
SEC. 62. Notice of Hearing.
- (a) Within seven (7) days after the administrative complaint is
filed,
the Office of the President or the sanggunian concerned, as the case
may
be, shall require the respondent to submit his verified answer within
fifteen
(15) days from receipt thereof, and commence the investigation of the
case
within ten (10) days after receipt of such answer of the respondent.cralaw:red
(b) When the respondent
is an elective official of a province or highly urbanized city, such
hearing
and investigation shall be conducted in the place where he renders or
holds
office. For all other local elective officials, the venue shall be the
place where the sanggunian concerned is located.cralaw:red
(c) However, no investigation
shall be held within ninety (90) days immediately prior to any local
election,
and no preventive suspension shall be imposed within the said period.
If
preventive suspension has been imposed prior to the 90-day period
immediately
preceding local election, it shall be deemed automatically lifted upon
the start of aforesaid period.cralaw:red
SEC. 63. Preventive Suspension.
- (a) Preventive suspension may be imposed:chanrobles virtual law library
(1) By the President,
if the respondent is an elective official of a province, a highly
urbanized
or an independent component city;
(2) By the governor,
if the respondent is an elective official of a component city or
municipality;
or
(3) By the mayor, if
the respondent is an elective official of the barangay.cralaw:red
(b) Preventive suspension
may be imposed at any time after the issues are joined, when the
evidence
of guilt is strong, and given the gravity of the offense, there is
great
probability that the continuance in office of the respondent could
influence
the witnesses or pose a threat to the safety and integrity of the
records
and other evidence: Provided, That, any single preventive suspension of
local elective fficials shall not extend beyond sixty (60) days:
Provided,
further, That in the event that several administrative cases are filed
against an elective official, he cannot be preventively suspended for
more
than ninety (90) days within a single year on the same ground or
grounds
existing and known at the time of the first suspension.cralaw:red
(c) Upon expiration
of the preventive suspension, the suspended elective official shall be
deemed reinstated in office without prejudice to the continuation of
the
proceedings against him, which shall be terminated within one hundred
twenty
(120) days from the time he was formally notified of the case against
him.
However, if the delay in the proceedings of the case is due to his
fault,
neglect, or request, other than the appeal duly filed, the duration of
such delay shall not be counted in computing the time of termination of
the case.cralaw:red
(d) Any abuse of the
exercise of the power of preventive suspension shall be penalized as
abuse
of authority.cralaw:red
SEC. 64. Salary of Respondent
Pending Suspension. - The respondent official preventively
suspended
from office shall receive no salary or compensation during such
suspension;
but, upon subsequent exoneration and reinstatement, he shall be paid
full
salary or compensation including such emoluments accruing during such
suspension.cralaw:red
SEC. 65. Rights of Respondent
- The respondent shall be accorded full opportunity to appear and
defend
himself in person or by counsel, to confront and cross-examine the
witnesses
against him, and to require the attendance of witnesses and the
production
of documentary evidence in his favor through the compulsory process of
subpoena or subpoena duces tecum.cralaw:red
SEC. 66. Form and Notice
of Decision. - (a) The investigation of the case shall be
terminated
within ninety (90) days from the start thereof. Within thirty (30) days
after the end of the investigation, the Office of the President or the
sanggunian concerned shall render a decision in writing stating clearly
and distinctly the facts and the reasons for such decision. Copies of
said
decision shall immediately be furnished the respondent and all
interested
parties.cralaw:red
(b) The penalty of
suspension shall not exceed the unexpired term of the respondent or a
period
of six (6) months for every administrative offense, nor shall said
penalty
be a bar to the candidacy of the respondent so suspended as long as he
meets the qualifications required for the office.cralaw:red
(c) The penalty of
removal from office as a result of an administrative investigation
shall
be considered a bar to the candidacy of the respondent for any elective
position.cralaw:red
SEC. 67. Administrative
Appeals. - Decisions in administrative cases may, within thirty
(30)
days from receipt thereof, be appealed to the following:chanrobles virtual law library
(a) The sangguniang
panlalawigan, in the case of decisions of the sangguniang panlungsod of
component cities and the sangguniang bayan; and cralaw:red
(b) The Office of the
President, in the case of decisions of the sangguniang panlalawigan and
the sangguniang panlungsod of highly urbanized cities and independent
component
cities. Decisions of the Office of the President shall be final and
executory.cralaw:red
SEC. 68. Execution Pending
appeal. - An appeal shall not prevent a decision from becoming
final
or executory. The respondent shall be considered as having been placed
under preventive suspension during the pendency of an appeal in the
event
he wins such appeal. In the event the appeal results in an exoneration,
he shall be paid his salary and such other emoluments during the
pendency
of the appeal.
CHAPTER 5. - RECALLSEC. 69. By Whom
Exercised.
- The power of recall for loss of confidence shall be exercised by the
registered voters of a local government unit to which the local
elective
official subject to such recall belongs.
SEC. 70. Initiation of
the Recall Process. - (a) Recall may be initiated by a preparatory
recall assembly or by the registered voters of the local government
unit
to which the local elective official subject to such recall belongs.cralaw:red
(b) There shall be
a preparatory recall assembly in every province, city, district, and
municipality
which shall be composed of the following:chanrobles virtual law library
(1) Provincial level.
- All mayors, vice-mayors, and sanggunian members of the municipalities
and component cities;
(2) City level. - All
punong barangay and sangguniang barangay members in the city;
(3) Legislative District
level. - In cases where sangguniang panlalawigan members are elected by
district, all elective municipal officials in the district; and in
cases
where sangguniang panlungsod members are elected by district, all
elective
barangay officials in the district; and cralaw:red
(4) Municipal level.
- All punong barangay and sangguniang barangay members in the
municipality.cralaw:red
(c) A majority of all
the preparatory recall assembly members may convene in session in a
public
place and initiate a recall proceeding against any elective official in
the local government unit concerned. Recall of provincial, city, or
municipal
officials shall be validly initiated through a resolution adopted by a
majority of all the members of the preparatory recall assembly
concerned
during its session called for the purpose.cralaw:red
(d) Recall of any elective
provincial, city, municipal, or barangay official may also be validly
initiated
upon petition of at least twenty-five percent (25%) of the total number
of registered voters in the local government unit concerned during the
election in which the local official sought to be recalled was elected.cralaw:red
(1) A written petition
for recall duly signed before the election registrar or his
representative,
and in the presence of a representative of the petitioner and a
representative
of the official sought to be recalled, and in a public place in the
province,
city, municipality, or barangay, as the case may be, shall be filed
with
the Comelec through its office in the local government unit concerned.
The Comelec or its duly authorized representative shall cause the
publication
of the petition in a public and conspicuous place for a period of not
less
than ten (10) days nor more than twenty (20) days, for the purpose of
verifying
the authenticity and genuineness of the petition and the required
percentage
of voters.cralaw:red
(2) Upon the lapse
of the aforesaid period, the Comelec or its duly authorized
representative
shall announce the acceptance of candidates to the position and
thereafter
prepare the list of candidates which shall include the name of the
official
sought to be recalled.cralaw:red
SEC. 71. Election on Recall.
- Upon the filing of a valid resolution or petition for recall with the
appropriate local office of the Comelec, the Commission or its duly
authorized
representative shall set the date of the election on recall, which
shall
not be later than thirty (30) days after the filing of the resolution
or
petition for recall in the case of the barangay, city, or municipal
officials,
and forty-five (45) days in the case of provincial officials. The
official
or officials sought to be recalled shall automatically be considered as
duly registered candidate or candidates to the pertinent positions and,
like other candidates, shall be entitled to be voted upon.cralaw:red
SEC. 72. Effectivity of
Recall. - The recall of an elective local official shall be
effective
only upon the election and proclamation of a successor in the person of
the candidate receiving the highest number of votes cast during the
election
on recall. Should the official sought to be recalled receive the
highest
number of votes, confidence in him is thereby affirmed, and he shall
continue
in office.cralaw:red
SEC. 73. Prohibition from
Resignation. - The elective local official sought to be recalled
shall
not be allowed to resign while the recall process is in progress.cralaw:red
SEC. 74. Limitations on
Recall. - (a) Any elective local official may be the subject of a
recall
election only once during his term of office for loss of confidence.cralaw:red
(b) No recall shall
take place within one (1) year from the date of the official's
assumption
to office or one (1) year immediately preceding a regular local
election.cralaw:red
SEC. 75. Expenses Incident
to Recall Elections. - All expenses incident to recall elections
shall
be borne by the Comelec. For this purpose, there shall be included in
the
annual General Appropriations Act a contingency fund at the disposal of
the Comelec for the conduct of recall elections.
TITLE THREE. - HUMAN RESOURCES AND
DEVELOPMENTSEC. 76. Organizational
Structure
and Staffing Pattern. - Every local government unit shall design
and
implement its own organizational structure and staffing pattern taking
into consideration its service requirements and financial capability,
subject
to the minimum standards and guidelines prescribed by the Civil Service
Commission.
SEC. 77. Responsibility
for Human Resources and Development. - The chief executive of every
local government unit shall be responsible for human resources and
development
in his unit and shall take all personnel actions in accordance with the
Constitutional provisions on civil service, pertinent laws, and rules
and
regulations thereon, including such policies, guidelines and standards
as the Civil Service Commission may establish: Provided, That the local
chief executive may employ emergency or casual employees or laborers
paid
on a daily wage or piecework basis and hired through job orders for
local
projects authorized by the sanggunian concerned, without need of
approval
or attestation by the Civil Service Commission: Provided, further, That
the period of employment of emergency or casual laborers as provided in
this Section shall not exceed six (6) months.cralaw:red
The Joint Commission
on Local Government Personnel Administration organized pursuant to
Presidential
Decree Numbered Eleven Hundred thirty-six (P.D. No. 1136) is hereby
abolished
and its personnel , records, equipment and other assets transferred to
the appropriate office in the Civil Service Commission.cralaw:red
SEC. 78. Civil Service
Law, Rules and Regulations, and Other Related Issuances. - All
matters
pertinent to human resources and development in local government units
shall be governed by the civil service law and such rules and
regulations
and other issuances promulgated pursuant thereto, unless otherwise
specified
in this Code.cralaw:red
SEC. 79. Limitation on
Appointments. - No person shall be appointed in the career service
of the local government if he is related within the fourth civil degree
of consanguinity or affinity to the appointing or recommending
authority.cralaw:red
SEC. 80. Public Notice
of Vacancy; Personnel Selection Board. - (a) Whenever a local
chief
executive decides to fill a vacant career position, there shall be
posted
notices of the vacancy in at least three (3) conspicuous public places
in the local government unit concerned for a period of not less than
fifteen
(15) days.cralaw:red
(b) There shall be
established in every province, city or municipality a personnel
selection
board to assist the local chief executive in the judicious and
objective
selection of personnel for employment as well as for promotion, and in
the formulation of such policies as would contribute to employee
welfare.cralaw:red
(c) The personnel selection
board shall be headed by the local chief executive, and its members
shall
be determined by resolution of the sanggunian concerned. A
representative
of the Civil Service Commission, if any, and the personnel officer of
the
local government unit concerned shall be ex officio members of the
board.cralaw:red
SEC. 81. Compensation
of Local Officials and Employees. - The compensation of local
officials
and personnel shall be determined by the sanggunian concerned:
Provided,
That the increase in compensation of elective local officials shall
take
effect only after the terms of office of those approving such increase
shall have expired: Provided, further, That the increase in
compensation
of the appointive officials and employees shall take effect as provided
in the ordinance authorizing such increase: Provided, however, That
said
increases shall not exceed the limitations on budgetary allocations for
personal services provided under Title Five, Book II of this Code:
Provided,
finally, That such compensation may be based upon the pertinent
provisions
of Republic Act Numbered Sixty-seven fifty-eight (R.A. No. 6758),
otherwise
known as the "Compensation and Position Classification Act of 1989".cralaw:red
The punong barangay,
the sangguniang barangay members, the sangguniang kabataan chairman,
the
barangay treasurer, and the barangay secretary shall be entitled to
such
compensation, allowances, emoluments, and such other privileges as
provided
under Title One, Book III of this Code.cralaw:red
Elective local officials
shall be entitled to the same leave privileges as those enjoyed by
appointive
local officials, including the cumulation and commutation thereof.cralaw:red
SEC. 82. Resignation of
Elective Local Officials. - (a) Resignations by elective local
officials
shall be deemed effective only upon acceptance by the following
authorities:chanrobles virtual law library
(1) The President,
in the case of governors, vice- governors, and mayors and vice-mayors
of
highly urbanized cities and independent component cities;
(2) The governor, in
the case of municipal mayors, municipal vice-mayors, city mayors and
city
vice-mayors of component cities;
(3) The sanggunian
concerned, in the case of sanggunian members; and cralaw:red
(4) The city or municipal
mayor, in the case of barangay officials.
(b)
Copies
of the resignation letters of elective local officials, together with
the
action taken by the aforesaid authorities, shall be furnished the
Department
of Interior and Local Government.
(c)
The resignation shall be deemed accepted if not acted upon by the
authority
concerned within fifteen (15) working days from receipt thereof.
(d)
Irrevocable resignations by sangguniang members shall be deemed
accepted
upon presentation before an open session of the sanggunian concerned
and
duly entered in its records: Provided, however, That this
subsection
does not apply to sanggunian members who are subject to recall
elections
or to cases where existing laws prescribe the manner of acting upon
such
resignations.
SEC. 83. Grievance
Procedure.
- In every local government unit, the local chief executive sahll
establish
a procedure to inquire into, act upon, resolve or settle complaints and
grievances presented by local government employees.
SEC. 84. Administrative
Discipline. - Investigation and adjudication of administrative
complaints
against appointive local officials and employees as well as their
suspension
and removal shall be in accordance with the civil service law and rules
and other pertinent laws. The results of such administrative
investigations
shall be reported to the Civil Service Commission.
SEC. 85. Preventive
Suspension
of Appointive Local Officials and Employees. - (a) The local chief
executives may preventively suspend for a period not exceeding sixty
(60)
days any subordinate official or employee under his authority pending
investigation
if the charge against such official or employee involves dishonesty,
oppression
or grave misconduct or neglect in the performance of duty, or if there
is reason to believe that the respondent is guilty of the charges which
would warrant his removal from the service.
(b)
Upon expiration of the preventive suspension, the suspended official or
employee shall be automatically reinstated in office without prejudice
to the continuation of the administrative proceedings against him until
its termination. If the delay in the proceedings of the case is
due
to the fault, neglect or request of the respondent, the time of the
delay
shall not be counted in computing the period of suspension herein
provided.
SEC. 86. Administrative
Investigation. - In any local government unit, administrative
investigation
may be conducted by a person or a committee duly authorized by the
local
chief executive. Said person or committee shall conduct hearings
on the cases brought against appointive local officials and employees
and
submit their findings and recommendations to the local chief executive
concerned within fifteen (15) days from the conclusion of the
hearings.
The administrative cases herein mentioned shall be decided within
ninety
(90) days from the time the respondent is formally notified of the
charges.
SEC. 87. Disciplinary
Jurisdiction. - Except as otherwise provided by law, the local
chief
executive may impose the penalty of removal from service, demotion in
rank,
suspension for not more than one (1) year without pay, fine in an
amount
not exceeding six (6) months' salary, or reprimand and otherwise
discipline
subordinate officials and employees under his jurisdiction. If the
penalty
imposed is suspension without pay for not more than thirty (30) days,
his
decision shall be final. If the penalty imposed is heavier than
suspension
of thirty (30) days, the decision shall be appealable to the Civil
Service
Commission, which shall decide the appeal within thirty (30) days from
receipt thereof.cralaw:red
SEC. 88. Execution Pending
Appeal. - An appeal shall not prevent the execution of a decision
of
removal or suspension of a respondent-appellant. In case the
respondent-appellant
is exonerated, he shall be reinstated to his position with all the
rights
and privileges appurtenant thereto from the time he had been deprived
thereof.cralaw:red
SEC. 89. Prohibited Business
and Pecuniary Interest. - (a) It shall be unlawful for any local
government
official or employee, directly or indirectly, to:chanrobles virtual law library
(1) Engage in any
business transaction with the local government unit in which he is an
official
or employee or over which he has the power of supervision, or with any
of its authorized boards, officials, agents, or attorneys, whereby
money
is to be paid, or property or any other thing of value is to be
transferred,
directly or indirectly, out of the resources of the local government
unit
to such person or firm;
(2) Hold such
interests
in any cockpit or other games licensed by a local government unit.
(3) Purchase
any real estate or other property forfeited in favor of such local
government
unit for unpaid taxes or assessment, or by virtue of a legal process at
the instance of the said local government unit.
(4) Be a
surety
for any person contracting or doing business with the local government
unit for which a surety is required; and
(5) Possess or use
any public property of the local government unit for private purposes.
(b) All other
prohibitions
governing the conduct of national public officers relating to
prohibited
business and pecuniary interest so provided for under Republic Act
Numbered
Sixty-seven thirteen (R. A. No. 6713) otherwise known as the "Code of
Conduct
and Ethical Standards for Public Officials and Employees" and other
laws
shall also be applicable to local government officials and employees.cralaw:red
SEC. 90. Practice of Profession.
- (a) All governors, city and municipal mayors are prohibited
from
practicing their profession or engaging in any occupation other than
the
exercise of their functions as local chief executives.
(b) Sanggunian
members
may practice their professions, engage in any occupation, or teach in
schools
except during session hours: Provided, That sanggunian members who are
also members of the Bar shall not:chanroblesvirtuallawlibrary
(1)
Appear as counsel before any court in any civil case wherein a local
government
unit or any office, agency, or instrumentality of the government is the
adverse party;
(2)
Appear as counsel in any criminal case wherein an officer or employee
of
the national or local government is accused of an offense committed in
relation to his office.
(3)
Collect any fee for their appearance in administrative proceedings
involving
the local government unit of which he is an official; and
(4)
Use property and personnel of the government except when the sanggunian
member concerned is defending the interest of the government.
(5)
Doctors of medicine may practice their profession even during official
hours of work only on occasions of emergency: Provided, That the
officials concerned do not derive monetary compensation therefrom.
SEC. 91. Statement of
Assets and Liabilities.- (a) Officials and employees of local
government units shall file sworn statements of assets, liabilities and
networth, lists of relatives within the fourth civil degree of
consanguinity
or affinity in government service, financial and business interests,
and
personnel data sheets as required by law.
SEC. 92. Oath of
Office.
- (a) All elective and appointive local officials and
employees
shall, upon assumption to office, subscribe to an oath or affirmation
of
office in the prescribed form. The oath or affirmation of office
shall be filed with the office of the local chief executive
concerned.
A copy of the oath or affirmation of office of all elective and
appointive
local officials and employees shall be preserved in the individual
personal
records file under the custody of the personnel office, division, or
section
of the local government unit concerned.
SEC. 93. Partisan
Political
Activity. - No local official or employee in the career civil
service
shall engage directly or indirectly in any partisan political activity
or take part in any election, initiative, referendum, plebiscite, or
recall,
except to vote, nor shall he use his official authority or influence to
cause the performance of any political activity by any person or
body.
He may, however, express his views on current issues, or mention the
names
of certain candidates for public office whom he supports.
Elective
local officials may take part in partisan political and electoral
activities,
but it shall be unlawful for them to solicit contributions from their
subordinates
or subject these subordinates to any of the prohibited acts under the
Omnibus
Election Code.
SEC. 94. Appointment
of Elective and Appointive Local Officials; Candidates who Lost in
Election.
- (a) No elective or appointive local official shall be
eligible
for appointment or designation in any capacity to any public office or
position during his tenure.
Unless
otherwise allowed by law or by the primary functions of his position,
no
elective or appointive local official shall hold any other office or
employment
in the government or any subdivision, agency or instrumentality
thereof,
including government-owned or -controlled corporations or their
subsidiaries.
(b)
Except for losing candidates in barangay elections, no candidate who
lost
in any election shall, within one (1) year after such election, be
appointed
to any office in the government or any government-owned or -controlled
corporations or in any of their subsidiaries.
SEC. 95. Additional or
double compensation. - No elective or appointive local official or
employee shall receive additional, double, or indirect compensation,
unless
specifically authorized by law, nor accept without the consent of
Congress,
any present, emoluments, office, or title of any kind from any foreign
government. Pensions or gratuities shall not be considered as
additional,
double, or indirect compensation.
SEC. 96. Permission to
Leave Station. - (a) Provincial, city, municipal, and
barangay
appointive officials going on official travel shall apply and secure
written
permission from their respective local chief executives before
departure.
The application shall specify the reasons for such travel, and the
permission
shall be given or withheld based on considerations of public interest,
financial capability of the local government unit concerned and urgency
of the travel.
Should
the local chief executive concerned fail to act upon such application
within
four (4) working days from receipt thereof, it shall be deemed approved.
(b)
Mayors of component cities and municipalities shall secure the
permission
of the governor concerned for any travel outside the province.
(c)
Local government officials traveling abroad shall notify their
respective
sanggunian: Provided, That when the period of travel extends to
more
than three (3) monhs, during periods of emergency or crisis or when the
travel involves the use of public funds, permission from the Office of
the President shall be secured.
(d)
Field officers of national agencies or offices assigned in provinces,
cities,
and municipalities shall not leave their official stations without
giving
prior written notice to the local chief executive concerned. Such
notice shall state the duration of travel and the name of the officer
whom
he shall designate to act for and in his behalf during his absence.
SEC. 97. Annual Report.
- On or before March 31 of each year, every local chief executive shall
submit an annual report to the sanggunian concerned on the
socioeconomic,
political and peace and order conditions, and other matters concerning
the local government unit, which shall cover the immediately preceding
calendar year. A copy of the report shall be forwarded to the
Department
of Interior and Local Government. Component cities and
municipalities
shall likewise provide the sangguniang panlalawigan copies of their
respective
annual reports.
TITLE FOUR. -
LOCAL
SCHOOL BOARDS
SEC. 98. Creation,
Composition
and Compensation. - (a) There shall be established in every
province,
city, or municipality a provincial, city or municipal school board,
respectively.
(b)
The composition of local school boards shall be as follows:chanroblesvirtuallawlibrary
(1)
The provincial school board shall be composed of the governor and the
division
superintendent of schools as co-chairmen; the chairman of the education
committee of the sangguniang panlalawigan, the provincial treasurer,
the
representative of the pederasyon ng mga sangguniang kabataan in the
sangguniang
panlalawigan, the duly elected president of the provincial federation
of
parents-teachers association, the duly elected representative of the
teachers'
organization in the province, and the duly elected representative of
the
non-academic personnel of public schools in the province, as members;
(2)
The city school board shall be composed of the city mayor and the city
superintendent of schools as co-chairmen; the chairman of the education
committee of the sangguniang panlungsod, the city treasurer, the
representative
of the pederasyon ng mga sangguniang kabataan in the sangguniang
panlungsod,
the duly elected president of the city federation of parents-teachers
associations,
the duly elected representative of the teachers' organizations in the
city,
and the duly elected representative of the non-academic personnel of
public
schools in the city, as members; and
(3) The
municipal school board shall be composed of the municipal mayor and the
district supervisor of schools as co-chairmen; the chairman of
the
education committee of the sangguniang bayan, the municipal treasurer,
the representative of the pederasyon ng mga sangguniang kabataan in the
sangguniang bayan, the duly elected president of the municipal
federation
of parents-teachers associations, the duly elected representative of
the
teachers' organizations in the municipality, and the duly elected
representative
of the non-academic personnel of public schools in the city, as members;
(c)
In the event that a province or city has two (2) or more school
superintendents,
and in the event that a municipality has two (2) or more district
supervisors,
the co-chairman of the local school board shall be determined as
follows:chanroblesvirtuallawlibrary
(1)
The Department of Education, Culture and Sports shall designate the
co-chairman
for the provincial and city school boards; and
(2)
The division superintendent of schools shall designate the district
supervisor
who shall serve as co-chairman of the municipal school board.
(d)
The performance of the duties and responsibilities of the
abovementioned
officials in their respective local school boards shall not be
delegated.
SEC. 99. Functions of
Local School Boards. - The provincial, city or municipal school
board
shall:chanroblesvirtuallawlibrary
(a)
Determine, in accordance with the criteria set by the Department of
Education,
Culture and Sports, the annual supplementary budgetary needs for the
operation
and maintenance of public schools within the province, city or
municipality,
as the case may be, and the supplementary local cost of meeting such
needs,
which shall be reflected in the form of an annual school board budget
corresponding
to its share in the proceeds of the special levy on real property
constituting
the Special Education fund and such other sources of revenue as this
Code
and other laws or ordinances may provide;
(b)
Authorize the provincial, city or municipal treasurer, as the case may
be, to disburse funds from the Special Education fund pursuant to the
budget
prepared and in accordance with existing rules and regulations;
(c)
Serve as an advisory committee to the sanggunian concerned on
educational
matters such as, but not limited to, the necessity for and the uses of
local appropriations for educational purposes; and
(d)
Recommend changes in the names of public schools within the territorial
jurisdiction of the local government unit for enactment by the
sanggunian
concerned.
The
Department
of Education, Culture and Sports shall consult the local school board
on
the appointment of division superintendents, district supervisors,
school
principals, and other school officials.
SEC. 100. Meetings and
Quorum; Budget. - (a) The local school board shall meet at least
once
a month or as often as may be necessary.
(b)
Any of the co-chairmen may call a meeting. A majority of all its
members shall constitute a quorum. However, when both co-chairmen
are present in a meeting, the local chief executive concerned, as a
matter
of protocol, shall be given preference to preside over the
meeting.
The division superintendent, city superintendent or district
supervisor,
as the case may be, shall prepare the budget of the school board
concerned.
Such budget shall be supported by programs, projects, and activities of
the school board for the ensuing fiscal year. The affirmative
vote
of the majority of all its members shall be necessary to approve the
budget.
(c)
The annual school board budget shall give priority to the following:chanroblesvirtuallawlibrary
(1)
Construction, repair, and maintenance of school buildings and other
facilities
of public elementary and secondary schools;
(2)
Establishment and maintenance of extension classes where necessary; and
(3)
Sports activities at the division, district, municipal, and barangay
levels.
SEC. 101. Compensation
and Remuneration. - The co-chairmen and members of the provincial,
city or municipal school board shall perform their duties as such
without
compensation or remuneration. Members thereof who are not
government
officials or employees shall be entitled to necessary traveling
expenses
and allowances chargeable against funds of the local school board
concerned,
subject to existing accounting and auditing rules and regulations.
TITLE FIVE. -
LOCAL
HEALTH BOARDS
SEC. 102. Creation and
Composition. - (a) There shall be established a local health board
in every province, city or municipality. The composition of the
local
health boards shall be as follows:chanroblesvirtuallawlibrary
(1)
The provincial health board shall be headed by the governor as
chairman,
the provincial health officer as vice-chairman, and the chairman of the
committee on health of the sangguniang panlalawigan, a representative
from
the private sector or non-governmental organizations involved in health
services, and a representative of the Department of Health in the
province,
as members;
(2)
The city health board shall be headed by the city mayor as chairman,
the
city health officer as vice-chairman, and the chairman of the committee
on health of the sangguniang panlungsod, a representative from the
private
sector or non-governmental organizations involved in health services,
and
a representative of the Department of Health in the city, as members;
and
(3)
The municipal health board shall be headed by the municipal mayor as
chairman,
the municipal health officer as vice-chairman, and the chairman of the
committee on health of the sangguniang bayan, a representative from the
private sector or non-governmental organizations involved in health
services,
and a representative of the Department of Health in the municipality,
as
members;
(b)
The functions of the local health board shall be:chanroblesvirtuallawlibrary
(1)
To propose to the sanggunian concerned, in accordance with standards
and
criteria set by the Department of Health, annual budgetary allocations
for the operation and maintenance of health facilities and services
within
the municipality, city or province, as the case may be.
(2)
To serve as an advisory committee to the sanggunian concerned on health
matters such as, but not limited to, the necessity for, and application
of, local appropriations for public health purposes; and
(3)
Consistent with the technical and administrative standards of the
Department
of Health, create committees which shall advise local health agencies
on
matters such as, but not limited to, personnel selection and promotion,
bids and awards, grievances and complaints, personnel discipline,
budget
review, operations review and similar functions.
SEC. 103. Meetings and
Quorum. - (a) The board shall meet at least once a month or as
often
as may be necessary.
(b)
A majority of the members of the board shall constitute a quorum, but
the
chairman or the vice-chairman must be present during meetings where
budgetary
proposals are being prepared or considered. The affirmative vote
of all the majority of the members shall be necessary to approve such
proposals.
SEC. 104. Compensation
and Remuneration. - The chairman, vice-chairman, and members of the
provincial, city or municipal health board shall perform their duties
as
such without compensation or remuneration. Members thereof who
are
not government officials or employees shall be entitled to necessary
traveling
expenses and allowances chargeable against the funds of the local
health
board concerned, subject to existing accounting and auditing rules and
regulations.
SEC. 105. Direct
National
Supervision and Control by the Secretary of Health. - In cases of
epidemics,
pestilence, and other widespread public health dangers, the Secretary
of
Health may, upon the direction of the President and in consultation
with
the local government unit concerned, temporarily assume direct
supervision
and control over health operations in any local government unit for the
duration of the emergency, but in no case exceeding a cumulative period
of six (6) months. With the concurrence of the local government
unit
concerned, the period for such direct national control and supervision
may be further extended.
TITLE SIX. - LOCAL
DEVELOPMENT
COUNCILS
SEC. 106. Local
Development
Councils. - (a) Each local government unit shall have a
comprehensive
multisectoral development plan to be initiated by its development
council
and approved by its sanggunian. For this purpose, the development
council at the provincial city, municipal, or barangay level, shall
assist
the corresponding sanggunian in setting the direction of economic and
social
development, and coordinating development efforts within its
territorial
jurisdiction.
SEC. 107. Composition
of Local Development Councils. - The composition of the local
development
council shall be as follows:chanroblesvirtuallawlibrary
(a)
The barangay development council shall be headed by the punong barangay
and shall be composed of the following members:chanroblesvirtuallawlibrary
(1)
Members of the sangguniang barangay;
(2)
Representatives of non-governmental organizations operating in the
barangay,
who shall constitute not less than one fourth (1/4) of the members of
the
fully organized council;
(3) A
representative of the congressman.
(b) The
city or municipal development council shall be headed by the mayor and
shall be composed of the following members:chanroblesvirtuallawlibrary
(1) All punong barangays
in the city or municipality;
(2) The chairman of
the committee on appropriations of the sangguniang panlungsod or
sangguniang
bayan concerned;
(3) The congressman
or his representative; and cralaw:red
(4) Representatives
of nongovernmental organizations operating in the city or municipality,
as the case may be, who shall constitute not less than one-fourth (1/4)
of the members of the fully organized council.cralaw:red
(c) The provincial
development council shall be headed by the governor and shall be
composed
of the following members:chanrobles virtual law library
(1) All mayors of component
cities and municipalities;
(2) The chairman of
the committee on appropriations of the sangguniang panlalawigan;
(3) The congressman
or his representative; and cralaw:red
(4) Representatives
of nongovernmental organizations operating in the province, who shall
constitute
not less than one-fourth (1/4) of the members of the fully organized
council.cralaw:red
(d) The local development
councils may call upon any local official concerned or any official of
national agencies or offices in the local government unit to assist in
the formulation of their respective development plans and public
investment
programs.cralaw:red
SEC. 108. Representation
of Non-Governmental Organizations. - Within a period of sixty (60)
days from the start of organization of local development councils, the
nongovernmental organizations shall choose from among themselves their
representatives to said councils. The local sanggunian concerned shall
accredit nongovernmental organizations subject to such criteria as may
be provided by law.cralaw:red
SEC. 109. Functions of
Local Development Councils. - (a) The provincial, city, and
municipal
development councils shall exercise the following functions:chanrobles virtual law library
(1) Formulate long-term,
medium-term, and annual socioeconomic development plans and policies;
(2) Formulate the medium-term
and annual public investment programs;
(3) Appraise and prioritize
socioeconomic development programs and projects;
(4) Formulate local
investment incentives to promote the inflow and direction of private
investment
capital;
(5) Coordinate, monitor,
and evaluate the implementation of development programs and projects; and cralaw:red
(6) Perform such other
functions as may be provided by law or competent authority.cralaw:red
(b) The barangay development
council shall exercise the following functions:chanrobles virtual law library
(1) Mobilize people's
participation in local development efforts;
(2) Prepare barangay
development plans based on local requirements;
(3) Monitor and evaluate
the implementation of national or local programs and projects; and cralaw:red
(4) Perform such other
functions as may be provided by law or competent authority.cralaw:red
SEC. 110. Meetings and
Quorum. - The local development council shall meet at least once
every
six (6) months or as often as may be necessary.cralaw:red
SEC. 111. Executive Committee.
- (a) Each local development council shall create an executive
committee
to represent it and act in its behalf when it is not in session. The
composition
of the executive committee shall be as follows:chanrobles virtual law library
(1) The executive committee
of the provincial development council shall be composed of the governor
as chairman, the representative of component city and municipal mayors
to be chosen from among themselves, the chairman of the committee on
appropriations
of the sangguniang panlalawigan, the president of the provincial league
of barangays, and a representative of nongovernmental organizations
that
are represented in the council, as members;
(2) The executive committee
of the city or municipal development council shall be composed of the
mayor
as chairman, the chairman of the committee on appropriations of the
sangguniang
panlalawigan, the president of the city or municipal league of
barangays,
and a representative of nongovernmental organizations that are
represented
in the council, as members; and cralaw:red
(3) The executive committee
of the barangay development council shall be composed of the punong
barangay
as chairman, a representative of the sangguniang barangay to be chosen
from among its members, and a representative of nongovernmental
organizations
that are represented in the council, as members.cralaw:red
(b) The executive committee
shall exercise the following powers and functions:chanrobles virtual law library
(1) Ensure that the
decision of the council are faithfully carried out and implemented;
(2) Act on matters
requiring immediate attention or action by the council;
(3) Formulate policies,
plans, and programs based on the general principles laid down by the
council; and cralaw:red
(4) Act on other matters
that may be authorized by the council.cralaw:red
SEC. 112. Sectoral or
Functional Committees. - The local development councils may form
sectoral
or functional committees to assist them in the performance of their
functions.cralaw:red
SEC. 113. Secretariat.
- There is hereby constituted for each local development council a
secretariat
which shall be responsible for providing technical support,
documentation
of proceedings, preparation of reports and such other assistance as may
be required in the discharge of its functions. The local development
council
may avail of the services of any nongovernmental organization or
educational
or research institution for this purpose.cralaw:red
The secretariats of
the provincial, city, and municipal development councils shall be
headed
by their respective planning and development coordinators. The
secretariat
of the barangay development council shall be headed by the barangay
secretary
who shall be assisted by the city or municipal planning and development
coordinator concerned.
SEC. 114. Relation of
Local Development Councils to the Sanggunian and the Regional
Development
Council. - (a) Thepolicies, programs, and projects proposed by
localdevelopment
councils shall be submitted to the sanggunian concerned for appropriate
action. The local development plans approved by their respective
sanggunian
may be integrated with the development plans of the next higher level
of
local development council.cralaw:red
(b) The approved development
plans of provinces, highly-urbanized cities, and independent component
cities shall be submitted to the regional development council, which
shall
be integrated into the regional development plan for submission to the
National Economic and Development Authority, in accordance with
existing
laws.cralaw:red
SEC. 115. Budget Information.
- The Department of Budget and Management shall furnish the various
local
development councils information on financial resources and budgetary
allocations
applicable to their respective jurisdictions to guide them in their
planning
functions.
TITLE SEVEN.
-LOCAL
PEACE AND ORDER COUNCIL
SEC. 116. Organization.
- There is hereby established in every province, city and municipality
a local peace and order council, pursuant to Executive Order Numbered
Three
hundred nine (E.O. No. 309), Series of 1988. The local peace and order
councils shall have the same composition and functions as those
prescribed
by the said executive order.
TITLE EIGHT. - AUTONOMOUS SPECIAL
ECONOMIC ZONE
SEC. 117. Establishment of
Autonomous Special Economic Zones. - The establishment by law of
autonomous
special economic zones in selected areas of the country shall be
subject
to concurrence by the local government units included therein.
TITLE NINE. - OTHER PROVISIONS
APPLICABLE TO LOCAL GOVERNMENT UNITS
CHAPTER 1. - Settlement of
Boundary Disputes
SEC. 118. Jurisdictional
Responsibility for Settlement of Boundary Dispute. - Boundary
disputes
between and among local government units shall, as much as possible, be
settled amicably. To this end:chanrobles virtual law library
(a) Boundary disputes
involving two (2) or more barangays in the same city or municipality
shall
be referred for settlement to the sangguniang panlungsod or sangguniang
bayan concerned.cralaw:red
(b) Boundary disputes involving
two (2) or more municipalities within the same province shall be
referred
for settlement to the sangguniang panlalawigan concerned.cralaw:red
(c) Boundary disputes
involving municipalities or component cities of different provinces
shall
be jointly referred for settlement to the sanggunians of the provinces
concerned.cralaw:red
(d) Boundary disputes
involving a component city or municipality on the one hand and a highly
urbanized city on the other, or two (2) or more highly urbanized
cities,
shall be jointly referred for settlement to the respective sanggunians
of the parties.cralaw:red
(e) In the event the
sanggunian fails to effect an amicable settlement within sixty (60)
days
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 sixty (60)
days
from the date of the certification referred to above.cralaw:red
SEC. 119. Appeal.
- Within the time and manner prescribed by the Rules of Court, any
party
may elevate the decision of the sanggunian concerned to the proper
Regional
Trial Court having jurisdiction over the area in dispute. The Regional
Trial Court 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.
CHAPTER 2. - LOCAL
INITIATIVE
AND REFERENDUM
SEC. 120. Local Initiative
Defined. - Local initiative is the legal process whereby the
registered
voters of a local government unit may directly propose, enact, or amend
any ordinance.cralaw:red
SEC. 121. Who May Exercise.
- The power of local initiative and referendum may be exercised by all
registered voters of the provinces, cities, municipalities, and
barangays.cralaw:red
SEC. 122. Procedure in
Local Initiative. - (a) Not less than one thousand (1,000)
registered
voters in case of provinces and cities, one hundred (100) in case of
municipalities,
and fifty (50) in case of barangays, may file a petition with the
sanggunian
concerned proposing the adoption, enactment, repeal, or amendment of an
ordinance.cralaw:red
(b) If no favorable
action thereon is taken by the sanggunian concerned within thirty (30)
days from its presentation, the proponents, through their duly
authorized
and registered representatives, may invoke their power of initiative,
giving
notice thereof to the sanggunian concerned.cralaw:red
(c) 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.cralaw:red
(d) Two (2) or more
propositions may be submitted in an initiative.cralaw:red
(e) Proponents shall
have ninety (90) days in case of provinces and cities, sixty (60) days
in case of municipalities, and thirty (30) days in case of barangays,
from
notice mentioned in subsection (b) hereof to collect the required
number
of signatures.cralaw:red
(f) 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 local government
unit,
as the case may be. Stations for collecting signatures may be
established
in as many places as may be warranted.cralaw:red
(g) Upon the lapse of the
period herein provided, the Comelec, through its office in the local
government
unit concerned, shall certify as to whether or not the required number
of signatures has been obtained. Failure to obtain the required number
defeats the proposition.cralaw:red
(h) 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 local government unit concerned for their approval within sixty
(60) days from the date of certification by the Comelec, as provided in
subsection (g) hereof, in case of provinces and cities, forty-five (45)
days in case of municipalities, and thirty (30) days 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.cralaw:red
SEC. 123. Effectivity
of Local Propositions. - If the proposition is approved by a
majority
of the votes cast, it shall take effect fifteen (15) days 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.cralaw:red
SEC. 124. Limitations
on Local Initiatives. - (a) The power of local initiative shall not
be exercised more than once a year.cralaw:red
(b) Initiative shall
extend only to subjects or matters which are within the legal powers of
the sanggunians to enact.cralaw:red
(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 canceled. However, those against such action
may,
if they so desire, apply for initiative in the manner herein provided.cralaw:red
SEC. 125. Limitations
upon Sanggunians. - Any proposition or ordinance approved through
the
system of initiative and referendum as herein provided shall not be
repealed,
modified or amended by the sanggunian concerned within six (6) months
from
the date of the approval thereof, and may be amended, modified or
repealed
by the sanggunian within three (3) years thereafter by a vote of
three-fourths
(3/4) of all its members: Provided, That in case of barangays, the
period
shall be eighteen (18) months after the approval thereof.cralaw:red
SEC. 126. Local Referendum
Defined. - Local referendum is the legal process whereby the
registered
voters of the local government units may approve, amend or reject any
ordinance
enacted by the sanggunian. The local referendum shall be held under the
control and direction of the Comelec within sixty (60) days in case of
provinces and cities, forty-five (45) days in case of municipalities
and
thirty (30) days in case of barangays. The Comelec shall certify and
proclaim
the results of the said referendum.
SEC. 127. Authority of
Courts. - Nothing in this Chapter shall prevent or preclude the
proper
courts from declaring null and void any proposition approved pursuant
to
this Chapter for violation of the Constitution or want of capacity of
the
sanggunian concerned to enact the said measure. |