Академический Документы
Профессиональный Документы
Культура Документы
(d) Local government units shall SEC. 24. Liability for Damages. -
enjoy full autonomy in the exercise Local government units and their
of their proprietary functions and in officials are not exempt from
the management of their economic liability for death or injury to
enterprises, subject to the persons or
limitations provided in this Code damage to property.
and other applicable laws.
CHAPTER 3. - national agency to provide
INTERGOVERNMENTAL financial, technical, or other forms
RELATIONS of assistance to the local
government unit. Such assistance
Article One. - National shall be extended at no extra cost to
Government and Local the local government unit
Government Units concerned.
SEC. 25. National Supervision over (d) National agencies and offices
Local Government Units. - (a) including government-owned or -
Consistent with the basic policy on controlled corporations with field
local autonomy, the President shall units or branches in a province, city,
exercise general supervision over or municipality shall furnish the
local government units to ensure local chief executive concerned, for
that their acts are within the scope his infor mation and guidance,
of their prescribed powers and monthly reports including duly
functions. certified budgetary allocations and
expenditures.
The President shall exercise
supervisory authority directly over SEC. 26. Duty of National
provinces, highly urbanized cities, Government Agencies in the
and independent component cities; Maintenance of Ecological Balance.
through the province with respect - It shall be the duty of every
to component cities and national agency or government-
municipalities; and through the city owned or -controlled corporation
and municipality with respect to authorizing or involved in the
barangays. planning and implementation of
any project or program that may
(b) National agencies and offices cause pollution, climatic change,
with project implementation depletion of non-renewable
functions shall coordinate with one resources, loss of crop land,
another and with the local rangeland, or forest cover, and
government units concerned in the extinction of animal or plant
discharge of these functions. They species, to consult with the local
shall ensure the participation of government units,
local government units both in the nongovernmental organizations,
planning and implementation of and other sectors concerned and
said national projects. explain the goals and objectives of
the project or program, its impact
(c) The President may, upon upon the people and the community
request of the local government unit in terms of environmental or
concerned, direct the appropriate ecological balance, and the
measures that will be undertaken to Article Three. - Inter-Local
prevent or minimize the adverse Government Relations
effects thereof.
SEC. 29. Provincial Relations with
SEC. 27. Prior Consultations Component Cities and
Required.- No project or program Municipalities. - The province,
shall be implemented by through the governor, shall ensure
government authorities unless the that every component city and
consultations mentioned in municipality within its territorial
Sections 2 (c) and 26 hereof are jurisdiction acts within the scope of
complied with, and prior approval its prescribed powers and functions.
of the sanggunian concerned is Highly urbanized cities and
obtained: Provided, That occupants independent component cities shall
in areas where such projects are to be independent of the province.
be implemented shall not be evicted
unless appropriate relocation sites SEC. 30. Review of Executive
have been provided, in accordance Orders. - (a) Except as otherwise
with the provisions of the provided under the Constitution
Constitution. and special statutes, the governor
shall review all executive orders
promulgated by the component city
Article Two. - Relations with or municipal Mayor within his
the Philippine National Police jurisdiction. The city or municipal
Mayor shall review all executive
SEC. 28. - Powers of Local Chief orders promulgated by the punong
Executives over the Units of the barangay within his jurisdiction.
Philippine National Police. - The Copies of such orders shall be
extent of operational supervision forwarded to the governor or the
and control of local chief executives city or municipal Mayor, as the case
over the police force, fire protection may be, within three (3) days from
unit, and jail management their issuance. In all instances of
personnel assigned in their review, the local chief executive
respective jurisdictions shall be concerned shall ensure that such
governed by the provisions of executive orders are within the
Republic Act Numbered Sixty-nine powers granted by law and in
hundred seventy-five (R.A. No. conformity with provincial, city, or
6975), otherwise known as "The municipal ordinances.
Department of the Interior and
Local Government Act of 1990", (b) If the governor or the city or
and the rules and regulations issued municipal Mayor fails to act on said
pursuant thereto. executive orders within thirty (30)
days after their submission, the
same shall be deemed consistent conditions as may be agreed upon
with law and therefore valid. by the participating local units
through Memoranda of Agreement.
SEC. 31. Submission of Municipal
Questions to the Provincial Legal
Officer or Prosecutor. - In the CHAPTER 4. - RELATIONS
absence of a municipal legal officer, WITH PEOPLE'S AND
the municipal government may NONGOVERNMENTAL
secure the opinion of the provincial ORGANIZATIONS
legal officer, and in the absence of
the latter, that of the provincial SEC. 34. Role of People's and
prosecutor on any legal question Nongovernmental Organizations. -
affecting the municipality. Local government units shall
promote the establishment and
SEC. 32. City and Municipal operation of people's and
Supervision over Their Respective nongovernmental organizations to
Barangays. - The city or become active partners in the
municipality, through the city or pursuit of local autonomy.
municipal Mayor concerned, shall
exercise general supervision over SEC. 35. Linkages with People's
component barangays to ensure and Non-Governmental
that said barangays act within the Organizations. - Local government
scope of their prescribed powers units may enter into joint ventures
and functions. and such other cooperative
arrangements with people's and
SEC. 33. Cooperative Undertakings nongovernmental organizations to
Among Local Government Units. - engage in the delivery of certain
Local government units may, basic services, capability-building
through appropriate ordinances, and livelihood projects, and to
group themselves, consolidate, or develop local enterprises designed
coordinate their efforts, services, to improve productivity and
and resources for purposes income, diversify agriculture, spur
commonly beneficial to them. In rural industrialization, promote
support of such undertakings, ecological balance, and enhance the
thelocal government units involved economic and social well-being of
may, upon approval by the the people.
sanggunian concerned after a public
hearing conducted for the purpose, SEC. 36. Assistance to People's and
contribute funds, real estate, Nongovernmental Organizations. -
equipment, and other kinds of A local government unit may,
property and appoint or assign through its local chief executive and
personnel under such terms and with the concurrence of the
sanggunian concerned, provide (4) Two (2) representatives of
assistance, financial or otherwise, to nongovernmental
such people's and nongovernmental organizations that are
organizations for economic, represented in the local
socially-oriented, environmental, or development council
cultural projects to be implemented concerned, to be chosen by
within its territorial jurisdiction. the organizations themselves;
and
(b) Said temporary incapacity shall (e) Except as provided above, the
terminate upon submission to the local chief executive shall in no case
appropriate sanggunian of a written authorize any local official to
declaration by the local chief assume the powers, duties, and
executive concerned that he has functions of the office, other than
reported back to office. In cases the vice-governor, the city or
where the temporary incapacity is municipal vice- Mayor, or the
due to legal causes, the local chief highest ranking sangguniang
executive concerned shall also barangay member, as the case may
submit necessary documents be.
showing that said legal causes no
longer exist. SEC. 47. Approval of Leaves of
Absence. - (a) Leaves of absence of
(c) When the incumbent local chief local elective officials shall be
executive is traveling within the approved as follows: (1) Leaves of
country but outside his territorial absence of the governor and the
jurisdiction for a period not Mayor of a highly urbanized city or
exceeding three (3) consecu tive an independent component city
days, he may designate in writing shall be approved by the President
the officer-in-charge of the said or his duly authorized
office. Such authorization shall representative;
specify the powers and functions
that the local official concerned (2) Leaves of absence of a vice-
shallexercise in the absence of the governor or a city or municipal vice-
local chief executive except the mayor shall be approved by the
power to appoint, suspend, or local chief executive concerned:
dismiss employees. Provided, That the leaves of absence
of the members of the sanggunian
(d) In the event, however, that the and its employees shall be approved
local chief executive concerned fails by the vice-governor or city or
or refuses to issue such municipal vice- mayor concerned;
authorization, the vice-governor,
the city or municipal vice-mayor, or (3) Leaves of absence of the
the highest ranking sangguniang component city or municipal Mayor
barangay member, as the case may shall be approved by the governor;
be, shall have the right to assume and
(4) Leaves of absence of a punong members present and constituting a
barangay shall be approved by the quorum shall elect from among
city or municipal mayor: Provided, themselves a temporary presiding
That leaves of absence of officer. He shall certify within ten
sangguniang barangay members (10) days from the passage of
shall be approved by the punong ordinances enacted and resolutions
barangay. adopted by the sanggunian in the
session over which he temporarily
(b) Whenever the application for presided.
leave of absence hereinabove
specified is not acted upon within SEC. 50. Internal Rules of
five (5) working days after receipt Procedure. - (a) On the first regular
thereof, the application for leave of session following the election of its
absence shall be deemed approved. members and within ninety (90)
days thereafter, the sanggunian
concerned shall adopt or update its
CHAPTER 3. - LOCAL existing rules of procedure.
LEGISLATION
(b) The rules of procedure shall
SEC. 48. Local Legislative Power. - provide for the following:
Local legislative power shall be
exercised by the sangguniang (1) The organization of the
panlalawigan for the province; the sanggunian and the election of its
sangguniang panlungsod for the officers as well as the creation of
city; the sangguniang bayan for the standing committees which shall
municipality; and the sangguniang include, but shall not be limited to,
barangay for the barangay. the committees on appropriations,
women and family, human rights,
SEC. 49. Presiding Officer. - (a) The youth and sports development,
vice-governor shall be the presiding environmental protection, and
officer of the sangguniang cooperatives; the general
panlalawigan; the city vice-mayor, jurisdiction of each committee; and
of the sangguniang panlungsod; the the election of the chairman and
municipal vice-mayor, of the members of each committee;
sangguniang bayan; and the punong
barangay, of the sangguniang (2) The order and calendar of
barangay. The presiding officer business for each session;
shall vote only to break a tie.
(3) The legislative process;
(b) In the event of the inability of
the regular Presiding officer to
preside at a sanggunian session, the
(4) The parliamentary procedures member, which relationship may
which include the conduct of result in conflict of interest. Such
members during sessions; relationship shall include:
SEC. 89. Prohibited Business and (5) Possess or use any public
Pecuniary Interest. - (a) It shall be property of the local
unlawful for any local government government unit for private
official or employee, directly or purposes.
indirectly, to:
(b) All other prohibitions
(1) Engage in any business governing the conduct of
transaction with the local national public officers
government unit in which he relating to prohibited
is an official or employee or business and pecuniary
over which he has the power interest so provided for under
of supervision, or with any of Republic Act Numbered
its authorized boards, Sixty-seven thirteen (R. A.
officials, agents, or attorneys, No. 6713) otherwise known as
whereby money is to be paid, the "Code of Conduct and
or property or any other thing Ethical Standards for Public
of value is to be transferred, Officials and Employees" and
directly or indirectly, out of other laws shall also be
the resources of the local applicable to local
government unit to such government officials and
person or firm; employees.
(2) Hold such interests in any SEC. 90. Practice of Profession. -
cockpit or other games (a) All governors, city and
licensed by a local municipal mayors are prohibited
government unit. from practicing their profession or
engaging in any occupation other
(3) Purchase any real estate than the exercise of their functions
or other property forfeited in as local chief executives.
favor of such local
government unit for unpaid (b) Sanggunian members may
taxes or assessment, or by practice their professions, engage in
virtue of a legal process at the any occupation, or teach in schools
instance of the said local except during session hours:
government unit. Provided, That sanggunian
members who are also members of
(4) Be a surety for any the Bar shall not:
person contracting or doing
business with the local (1) Appear as counsel before any
court in any civil case wherein a
local government unit or any office, SEC. 92. Oath of Office. - (a) All
agency, or instrumentality of the elective and appointive local
government is the adverse party; officials and employees shall, upon
assumption to office, subscribe to
(2) Appear as counsel in any an oath or affirmation of office in
criminal case wherein an officer or the prescribed form. The oath or
employee of the national or local affirmation of office shall be filed
government is accused of an offense with the office of the local chief
committed in relation to his office. executive concerned. A copy of the
oath or affirmation of office of all
(3) Collect any fee for their elective and appointive local
appearance in administrative officials and employees shall be
proceedings involving the local preserved in the individual personal
government unit of which he is an records file under the custody of the
official; and personnel office, division, or section
of the local government unit
(4) Use property and personnel concerned.
of the government except when the
sanggunian member concerned is SEC. 93. Partisan Political Activity.
defending the interest of the - No local official or employee in the
government. career civil service shall engage
directly or indirectly in any partisan
(5) Doctors of medicine may political activity or take part in any
practice their profession even election, initiative, referendum,
during official hours of work only plebiscite, or recall, except to vote,
on occasions of nor shall he use his official
emergency: Provided, That the authority or influence to cause the
officials concerned do not derive performance of any political activity
monetary compensation therefrom. by any person or body. He may,
however, express his views on
SEC. 91. Statement of Assets and current issues, or mention the
Liabilities.- (a) Officials and names of certain candidates for
employees of local government public office whom he
units shall file sworn statements of supports. Elective local officials
assets, liabilities and networth, lists may take part in partisan political
of relatives within the fourth civil and electoral activities, but it shall
degree of consanguinity or affinity be unlawful for them to solicit
in government service, financial contributions from their
and business interests, and subordinates or subject these
personnel data sheets as required subordinates to any of the
by law. prohibited acts under the Omnibus
Election Code. gratuities shall not be considered as
additional, double, or indirect
SEC. 94. Appointment of Elective compensation.
and Appointive Local Officials;
Candidates who Lost in Election. - SEC. 96. Permission to Leave
(a) No elective or appointive local Station. - (a) Provincial, city,
official shall be eligible for municipal, and barangay appointive
appointment or designation in any officials going on official travel shall
capacity to any public office or apply and secure written
position during his tenure. permission from their respective
local chief executives before
Unless otherwise allowed by law departure. The application shall
or by the primary functions of his specify the reasons for such travel,
position, no elective or appointive and the permission shall be given or
local official shall hold any other withheld based on considerations of
office or employment in the public interest, financial capability
government or any subdivision, of the local government unit
agency or instrumentality thereof, concerned and urgency of the
including government-owned or - travel.
controlled corporations or their
subsidiaries. Should the local chief executive
concerned fail to act upon such
(b) Except for losing candidates application within four (4) working
in barangay elections, no candidate days from receipt thereof, it shall be
who lost in any election shall, deemed approved.
within one (1) year after such
election, be appointed to any office (b) Mayors of component cities
in the government or any and municipalities shall secure the
government-owned or -controlled permission of the governor
corporations or in any of their concerned for any travel outside the
subsidiaries. province.
(1) All punong barangays in the city (d) The local development councils
or municipality; may call upon any local official
concerned or any official of national
(2) The chairman of the committee agencies or offices in the local
on appropriations of the government unit to assist in the
sangguniang panlungsod or formulation of their respective
sangguniang bayan concerned; development plans and public
investment programs.
(3) The congressman or his
representative; and SEC. 108. Representation of Non-
Governmental Organizations. -
(4) Representatives of Within a period of sixty (60) days
nongovernmental organizations from the start of organization of
operating in the city or local development councils, the
municipality, as the case may be, nongovernmental organizations
who shall constitute not less than shall choose from among
one-fourth (1/4) of the members of themselves their representatives to
the fully organized council. said councils. The local sanggunian
concerned shall accredit
(c) The provincial development nongovernmental organizations
council shall be headed by the subject to such criteria as may be
governor and shall be composed of provided by law.
the following members:
SEC. 109. Functions of Local
(1) All mayors of component cities Development Councils. - (a) The
and municipalities; provincial, city, and municipal
development councils shall exercise
(2) The chairman of the committee the following functions:
on appropriations of the
sangguniang panlalawigan; (1) Formulate long-term, medium-
term, and annual socioeconomic
development plans and policies;
(2) Formulate the medium-term months or as often as may be
and annual public investment necessary.
programs;
SEC. 111. Executive Committee. - (a)
(3) Appraise and prioritize Each local development council
socioeconomic development shall create an executive committee
programs and projects; to represent it and act in its behalf
when it is not in session. The
(4) Formulate local investment composition of the executive
incentives to promote the inflow committee shall be as follows:
and direction of private investment
capital; (1) The executive committee of the
provincial development council
(5) Coordinate, monitor, and shall be composed of the governor
evaluate the implementation of as chairman, the representative of
development programs and component city and municipal
projects; and mayors to be chosen from among
themselves, the chairman of the
(6) Perform such other functions as committee on appropriations of the
may be provided by law or sangguniang panlalawigan, the
competent authority. president of the provincial league of
barangays, and a representative of
(b) The barangay development nongovernmental organizations
council shall exercise the following that are represented in the council,
functions: as members;
(1) Mobilize people's participation (2) The executive committee of the
in local development efforts; city or municipal development
council shall be composed of the
(2) Prepare barangay development mayor as chairman, the chairman of
plans based on local requirements; the committee on appropriations of
the sangguniang panlalawigan, the
(3) Monitor and evaluate the president of the city or municipal
implementation of national or local league of barangays, and a
programs and projects; and representative of nongovernmental
organizations that are represented
(4) Perform such other functions as
in the council, as members; and
may be provided by law or
competent authority. (3) The executive committee of the
barangay development council shall
SEC. 110. Meetings and Quorum. -
be composed of the punong
The local development council shall
barangay as chairman, a
meet at least once every six (6)
representative of the sangguniang in the discharge of its functions.
barangay to be chosen from among The local development council may
its members, and a representative avail of the services of any
of nongovernmental organizations nongovernmental organization or
that are represented in the council, educational or research institution
as members. for this purpose.
SEC. 119. Appeal. - Within the time (b) If no favorable action thereon is
and manner prescribed by the Rules taken by the sanggunian concerned
of Court, any party may elevate the within thirty (30) days from its
decision of the sanggunian presentation, the proponents,
concerned to the proper Regional through their duly authorized and
Trial Court having jurisdiction over registered representatives, may
the area in dispute. The Regional invoke their power of initiative,
Trial Court shall decide the appeal giving notice thereof to the
within one (1) year from the filing sanggunian concerned.
thereof. Pending final resolution of
the disputed area prior to the (c) The proposition shall be
dispute shall be maintained and numbered serially starting from
continued for all legal purposes. Roman numeral I. The Comelec or
its designated representative shall
CHAPTER 2. - LOCAL INITIATIVE extend assistance in the formulation
AND REFERENDUM of the proposition.
SEC. 120. Local Initiative Defined. - (d) Two (2) or more propositions
Local initiative is the legal process may be submitted in an initiative.
whereby the registered voters of a
local government unit may directly (e) Proponents shall have ninety
propose, enact, or amend any (90) days in case of provinces and
ordinance. cities, sixty (60) days in case of
municipalities, and thirty (30) days barangays. The initiative shall then
in case of barangays, from notice be held on the date set, after which
mentioned in subsection (b) hereof the results thereof shall be certified
to collect the required number of and proclaimed by the Comelec.
signatures.
SEC. 123. Effectivity of Local
(f) The petition shall be signed Propositions. - If the proposition is
before the election registrar, or his approved by a majority of the votes
designated representatives, in the cast, it shall take effect fifteen (15)
presence of a representative of the days after certification by the
proponent, and a representative of Comelec as if affirmative action
the sanggunian concerned in a thereon had been made by the
public place in the local government sanggunian and local chief
unit, as the case may be. Stations executive concerned. If it fails to
for collecting signatures may be obtain said number of votes, the
established in as many places as proposition is considered defeated.
may be warranted.
SEC. 124. Limitations on Local
(g) Upon the lapse of the period Initiatives. - (a) The power of local
herein provided, the Comelec, initiative shall not be exercised
through its office in the local more than once a year.
government unit concerned, shall
certify as to whether or not the (b) Initiative shall extend only to
required number of signatures has subjects or matters which are
been obtained. Failure to obtain the within the legal powers of the
required number defeats the sanggunians to enact.
proposition.
(c) If at any time before the
(h) If the required number of initiative is held, the sanggunian
signatures is obtained, the Comelec concerned adopts in toto the
shall then set a date for the proposition presented and the local
initiative during which the chief executive approves the same,
proposition shall be submitted to the initiative shall be canceled.
the registered voters in the local However, those against such action
government unit concerned for may, if they so desire, apply for
their approval within sixty (60) initiative in the manner herein
days from the date of certification provided.
by the Comelec, as provided in
subsection (g) hereof, in case of SEC. 125. Limitations upon
provinces and cities, forty-five (45) Sanggunians. - Any proposition or
days in case of municipalities, and ordinance approved through the
thirty (30) days in case of 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.
SEC. 129. Power to Create Sources (d) The revenue collected pursuant
of Revenue. - Each local to the provisions of this Code shall
government unit shall exercise its inure solely to the benefit of, and be
power to create its own sources of subject to disposition by, the local
revenue and to levy taxes, fees, and government unit levying the tax,
charges subject to the provisions fee, charge or other imposition
herein, consistent with the basic unless otherwise specifically
policy of local autonomy. Such provided herein; and,
taxes, fees, andcharges shall accrue
exclusively to the local government (e) Each local government unit
units. shall, as far as practicable, evolve a
progressive system of taxation.
SEC. 130. Fundamental Principles.
- The following fundamental SEC. 131. Definition of Terms. -
principles shall govern the exercise When used in this Title, the term:
of the taxing and other revenue-
raising powers of local government (a) "Agricultural Product" includes
units: the yield of the soil, such as corn,
rice, wheat, rye, hay, coconuts,
(a) Taxation shall be uniform in sugarcane, tobacco, root crops,
each local government unit; (b) vegetables, fruits, flowers, and their
Taxes, fees, charges and other by-products; ordinary salt; all kinds
impositions shall: of fish; poultry; and livestock and
animal products, whether in their
(1) be equitable and based as far as original form or not. The phrase
practicable on the taxpayer's ability "whether in their original form or
to pay; not" refers to the transformation of
said products by the farmer,
(2) be levied and collected only for fisherman, producer or owner
public purposes; through the application of processes
to preserve or otherwise to prepare
(3) not be unjust, excessive, said products for the market such as
oppressive, or confiscatory; freezing, drying, salting, smoking,
or stripping for purposes of (g) "Charges" refer to pecuniary
preserving or otherwise preparing liability, as rents or fees against
said products for the market; persons or property; (h)
"Contractor" includes persons,
(b) "Amusement" is a pleasurable natural or juridical, not subject to
diversion and entertainment. It is professional tax under Section 139
synonymous to relaxation, of this Code, whose activity consists
avocation, pastime, or fun; essentially of the sale of all kinds of
services for a fee, regardless of
(c) "Amusement Places" include whether or not the performance of
theaters, cinemas, concert halls, the service calls for the exercise or
circuses and other places of use of the physical or mental
amusement where one seeks faculties of such contractor or his
admission to entertain oneself by employees.
seeing or viewing the show or
performances; As used in this Section, the term
"contractor" shall include general
(d) "Business" means trade or engineering, general building and
commercial activity regularly specialty contractors as defined
engaged in as a means of livelihood under applicable laws; filling,
or with a view to profit; demolition and salvage works
contractors; proprietors or
(e) "Banks and other financial operators of mine drilling
institutions" include non-bank apparatus; proprietors or operators
financial intermediaries, lending of dockyards; persons engaged in
investors, finance and investment the installation of water system, and
companies, pawnshops, money gas or electric light, heat, or power;
shops, insurance companies, stock proprietors or operators of smelting
markets, stock brokers and dealers plants; engraving, plating, and
in securities and foreign exchange, plastic lamination establishments;
as defined under applicable laws, or proprietors or operators of
rules and regulations thereunder; establishments for repairing,
repainting, upholstering, washing
(f) "Capital Investment" is the or greasing of vehicles, heavy
capital which a person employs in equipment, vulcanizing, recapping
any undertaking, or which he and battery charging; proprietors or
contributes to the capital of a operators of furniture shops and
partnership, corporation, or any establishments for planing or
other juridical entity or association surfacing and recutting of lumber,
in a particular taxing jurisdiction; and sawmills under contract to saw
or cut logs belonging to others;
proprietors or operators of dry-
cleaning or dyeing establishments, (i) "Corporation" includes
steam laundries, and laundries partnerships, no matter how
using washing machines; created or organized, joint-stock
proprietors or owners of shops for companies, joint accounts (cuentas
the repair of any kind of mechanical en participacion), associations or
and electrical devices, instruments, insurance companies but does not
apparatus, or furniture and shoe include general professional
repairing by machine or any partnerships and a joint venture or
mechanical contrivance; proprietors consortium formed for the purpose
or operators of establishments or of undertaking construction
lots for parking purposes; projects or engaging in petroleum,
proprietors or operators of tailor coal, geothermal, and other energy
shops, dress shops, milliners and operations pursuant to an operating
hatters, beauty parlors, or consortium agreement under a
barbershops, massage clinics, service contract with the
sauna, Turkish and Swedish baths, government. General professional
slenderizing and building saloons partnerships are partnerships
and similar establishments; formed by persons for the sole
photographic studios; funeral purpose of exercising their common
parlors; proprietors or operators of profession, no part of the income of
hotels, motels, and lodging houses; which is derived from engaging in
proprietors or operators of arrastre any trade or business. The term
and stevedoring, warehousing, or "resident foreign" when applied to a
forwarding establishments; master corporation means a foreign
plumbers, smiths, and house or sign corporation not otherwise
painters; printers, bookbinders, organized under the laws of the
lithographers; publishers except Philippines but engaged in trade or
those engaged in the publication or business within the Philippines;
printing of any newspaper,
magazine, review or bulletin which (j) "Countryside and Barangay
appears at regular intervals with Business Enterprise" refers to any
fixed prices for subscription and business entity, association, or
sale and which is not devoted cooperative registered under the
principally to the publication of provisions of Republic Act
advertisements; business agents, Numbered Sixty-eight hundred ten
private detective or watchman (R.A. No. 6810), otherwise known
agencies, commercial and as "Magna Carta For Countryside
immigration brokers, and And Barangay Business Enterprises
cinematographic film owners, (Kalakalan 20)";
lessors and distributors.
(k) "Dealer" means one whose
business is to buy and sell
merchandise, goods, and chattels as (o) "Manufacturer" includes every
a merchant. He stands immediately person who, by physical or chemical
between the producer or process, alters the exterior texture
manufacturer and the consumer or form or inner substance of any
and depends for his profit not upon raw material or manufactured or
the labor he bestows upon his partially manufactured product in
commodities but upon the skill and such manner as to prepare it for
foresight with which he watches the special use or uses to which it could
market; not have been put in its original
condition, or who by any such
(l) "Fee" means a charge fixed by process alters the quality of any
law or ordinance for the regulation such raw material or manufactured
or inspection of a business or or partially manufactured products
activity; so as to reduce it to marketable
shape or prepare it for any of the
(m) "Franchise" is a right or use of industry, or who by any such
privilege, affected with public process combines any such raw
interest which is conferred upon material or manufactured or
private persons or corporations, partially manufactured products
under such terms and conditions as with other materials or products of
the government and its political the same or of different kinds and
subdivisions may impose in the in such manner that the finished
interest of public welfare, security, products of such process or
and safety; manufacture can be put to a special
use or uses to which such raw
(n) "Gross Sales or Receipts" material or manufactured or
include the total amount of money partially manufactured products in
or its equivalent representing the their original condition could not
contract price, compensation or have been put, and who in addition
service fee, including the amount alters such raw material or
charged or materials supplied with manufactured or partially
the services and deposits or advance manufactured products, or
payments actually or constructively combines the same to produce such
received during the taxable quarter finished products for the purpose of
for the services performed or to be their sale or distribution to others
performed for another person and not for his own use or
excluding discounts if determinable consumption;
at the time of sales, sales return,
excise tax, and value-added tax (p) "Marginal Farmer or
(VAT); Fisherman" refers to an individual
engaged in subsistence farming or
fishing which shall be limited to the
sale, barter or exchange of (s) "Operator" includes the owner,
agricultural or marine products manager, administrator, or any
produced by himself and his other person who operates or is
immediate family; responsible for the operation of a
business establishment or
(q) "Motor Vehicle" means any undertaking;
vehicle propelled by any power
other than muscular power using (t) "Peddler" means any person
the public roads, but excluding road who, either for himself or on
rollers, trolley cars, street-sweepers, commission, travels from place to
sprinklers, lawn mowers, place and sells his goods or offers to
bulldozers, graders, fork-lifts, sell and deliver the same. Whether a
amphibian trucks, and cranes if not peddler is a wholesale peddler or a
used on public roads, vehicles retail peddler of a particular
which run only on rails or tracks, commodity shall be determined
and tractors, trailers, and traction from the definition of wholesale
engines of all kinds used exclusively dealer or retail dealer as provided in
for agricultural purposes; this Title;
(r) "Municipal Waters" includes not (u) "Persons" means every natural
only streams, lakes, and tidal waters or juridical being, susceptible of
within the municipality, not being rights and obligations or of being
the subject of private ownership the subject of legal relations;
and not comprised within the
national parks, public forest, timber (v) "Residents" refer to natural
lands, forest reserves or fishery persons who have their habitual
reserves, but also marine waters residence in the province, city, or
included between two lines drawn municipality where they exercise
perpendicularly to the general their civil rights and fulfill their civil
coastline from points where the obligations, and to juridical persons
boundary lines of the municipality for which the law or any other
or city touch the sea at low tide and provision creating or recognizing
a third line parallel with the general them fixes their residence in a
coastline and fifteen (15) kilometers particular province, city, or
from it. Where two (2) municipality. In the absence of such
municipalities are so situated on the law, juridical persons are residents
opposite shores that there is less of the province, city, or municipality
than fifteen (15) kilometers of where they have their legal
marine waters between them, the residence or principal place of
third line shall be equally distant business or where they conduct
from opposite shores of the their principal business or
respective municipalities; occupation;
(w) "Retail" means a sale where the (a) Income tax, except when levied
purchaser buys the commodity for on banks and other financial
his own consumption, irrespective institutions;
of the quantity of the commodity
sold; (x) "Vessel" includes every (b) Documentary stamp tax;
type of boat, craft, or other artificial
contrivance used, or capable of (c) Taxes on estates, inheritance,
being used, as a means of gifts, legacies and other acquisitions
transportation on water; mortis causa, except as otherwise
provided herein;
(y) "Wharfage" means a fee
assessed against the cargo of a (d) Customs duties, registration
vessel engaged in foreign or fees of vessel and wharfage on
domestic trade based on quantity, wharves, tonnage dues, and all
weight, or measure received and/or other kinds of customs fees, charges
discharged by vessel; and and dues except wharfage on
wharves constructed and
(z) "Wholesale" means a sale where maintained by the local government
the purchaser buys or imports the unit concerned;
commodities for resale to persons
other than the end user regardless (e) Taxes, fees and charges and
of the quantity of the transaction. other impositions upon goods
carried into or out of, or passing
SEC. 132. Local Taxing Authority. - through, the territorial jurisdictions
The power to impose a tax, fee, or of local government units in the
charge or to generate revenue under guise of charges for wharfage, tolls
this Code shall be exercised by the for bridges or otherwise, or other
sanggunian of the local government taxes, fees or charges in any form
unit concerned through an whatsoever upon such goods or
appropriate ordinance. merchandise; (f) Taxes, fees or
charges on agricultural and aquatic
SEC. 133. Common Limitations on products when sold by marginal
the Taxing Powers of Local farmers or fishermen; (g) Taxes on
Government Units. - Unless business enterprises certified to by
otherwise provided herein, the the Board of Investments as pioneer
exercise of the taxing powers of or non-pioneer for a period of six
provinces, cities, municipalities, (6) and four (4) years, respectively
and barangays shall not extend to from the date of registration;
the levy of the following:
(h) Excise taxes on articles
enumerated under the National
Internal Revenue Code, as
amended, and taxes, fees or charges and local government units.
on petroleum products;
(e) The proceeds from the SEC. 143. Tax on Business. - The
amusement tax shall be shared municipality may impose taxes on
equally by the province and the the following businesses:
municipality where such
amusement places are located.
(a) On manufacturers, assemblers, 750,000.00 or more but less
repackers, processors, brewers, than 1,000,000.00 10,000.00
distillers, rectifiers, and 1,000,000.00 or more but
compounders of liquors, distilled less than 2,000,000.00
spirits, and wines or manufacturers 13,750.00
of any article of commerce of 2,000,000.00 or more but
whatever kind or nature, in less than 3,000,000.00
accordance with the following 16,500.00
schedule: With gross sales or 3,000,000.00 or more but
receipts for the Amount of Tax less than 4,000,000.00
preceding calendar year in the 19,800.00
amount of: 4,000,000.00 or more but
less than 5,000,000.00
Per Annum 23,100.00
5,000,000.00 or more but
Less than 10,000.00 165.00 less than 6,500,000.00
P 10,000.00 or more but less 24,375.00
than 15,000.00 6,500,000.00 or more at a
15,000.00 or more but less rate not exceeding thirty-
than 20,000.00 seven and a half percent (37
20,000.00 or more but less 1/2%) of one percent (1%)
than 30,000.00
30,000.00 or more but less (b) On wholesalers, distributors, or
than dealers in any article of commerce
40,000.00 660.00 40,000.00 of whatever kind or nature in
or more but less than accordance with the following
50,000.00 825.00 50,000.00 schedule: With gross sales or
or more but less than receipts for the Amount of Tax
75,000.00 1,320.00 preceding calendar year in the
75,000.00 or more but less amount of:
than 100,000.00 1,650.00
100,000.00 or more but less Per Annum
than 150,000.00 2,200.00
150,000.00 or more but less Less than P1,000.00 18.00
than 200,000.00 2,750.00 P 1,000.00 or more but less
200,000.00 or more but less than P 2,000.00 33.00
than 300,000.00 3,850.00 2,000.00 or more but less
300,000.00 or more but less than 3,000.00 50.00
than 500,000.00 5,500.00 3,000.00 or more but less
500,000.00 or more but less than 4,000.00 72.00
than 750,000.00 8,000.00 4,000.00 or more but less
than 5,000.00 100.00
5,000.00 or more but less 2,000,000.00 or more at a
than 6,000.00 121.00 rate not exceeding fifty
6,000.00 or more but less percent (50%) of one percent
than 7,000.00 143.00 (1%).
7,000.00 or more but less
than 8,000.00 165.00 (c) On exporters, and on
8,000.00 or more but less manufacturers, millers, producers,
than 10,000.00 187.00 wholesalers, distributors, dealers or
10,000.00 or more but less retailers of essential commodities
than 15,000.00 220.00 enumerated hereunder at a rate not
15,000.00 or more but less exceeding one-half (1/2) of the rates
than 20,000.00 275.00 prescribed under subsections (a),
20,000.00 or more but less (b) and (d) of this Section:
than 30,000.00 330.00
30,000.00 or more but less (1) Rice and corn;
than 40,000.00 440.00
40,000.00 or more but less (2) Wheat or cassava flour, meat,
than 50,000.00 660.00 dairy products, locally
50,000.00 or more but less manufactured, processed or
than 75,000.00 990.00 preserved food, sugar, salt and
75,000.00 or more but less other agricultural, marine, and
than 100,000.00 1320.00 fresh water products, whether in
100,000.00 or more but less their original state or not;
than 150,000.00 1870.00
150,000.00 or more but less (3) Cooking oil and cooking gas;
than 200,000.00 2420.00
200,000.00 or more but less (4) Laundry soap, detergents, and
than 300,000.00 3300.00 medicine;
300,000.00 or more but less
(5) Agricultural implements,
than 500,000.00 4400.00
equipment and post- harvest
begin_of_the_skype_highlig
facilities, fertilizers, pesticides,
hting 00
insecticides, herbicides and other
4400.00 end_of_the_skyp
farm inputs;
e_highlighting
500,000.00 or more but less (6) Poultry feeds and other animal
than 750,000.00 6600.00 feeds;
750,000.00 or more but less
than 1,000,000.00 8800.00 (7) School supplies; and
1,000,000.00 or more but
less than 2,000,000.00 (8) Cement.
10000.00
(d) On retailers, With gross sales or 40,000.00 or more but less
receipts Rate of tax for the than 50,000.00 550.00
preceding calendar year of: 50,000.00 or more but less
per annum than 75,000.00 880.00
75,000.00 or more but less
P400,000.00 or less 2% than 100,000.00 1320.00
more than P400,000.00 1% 100,000.00 or more but less
than 150,000.00 1980.00
Provided, however, That barangays 150,000.00 or more but less
shall have the exclusive power to than 200,000.00 2640.00
levy taxes, as provided under 200,000.00 or more but less
Section 152 hereof, on gross sales or than 250,000.00 3630.00
receipts of the preceding calendar 250,000.00 or more but less
year of Fifty thousand pesos than 300,000.00 4620.00
(P=50,000.00) or less, in the case 300,000.00 or more but less
of cities, and Thirty thousand pesos than 400,000.00 6160.00
(P=30,000.00) or less, in the case 400,000.00 or more but less
of municipalities. than 500,000.00 8250.00
500,000.00 or more but less
(e) On contractors and other than 750,000.00 9250.00
independent contractors, in 750,000.00 or more but less
accordance with the following than 1,000,000.00 10250.00
schedule: 1,000,000.00 or more but
less than 2,000,000.00
With gross receipts for the 11500.00
preceding calendar year in the 2,000,000.00 or more at a
amount of: rate not exceeding fifty
percent (50%) of one percent
Amount of Tax Per Annum (1%)
SEC. 148. Fees for Sealing and (1) Grant fishery privileges to erect
Licensing of Weights and fish corrals, oyster, mussels or other
Measures. - (a) The municipality aquatic beds or bangus fry areas,
may levy fees for the sealing and within a definite zone of the
licensing of weights and measures municipal waters, as determined by
at such reasonable rates as shall be it: Provided, however, That duly
prescribed by the sangguniang registered organizations and
bayan. cooperatives of marginal fishermen
shall have the preferential right to
(b) The sangguniang bayan shall such fishery privileges: Provided,
prescribe the necessary regulations further, That the sangguniang
for the use of such weights and bayan may require a public bidding
measures, subject to such in conformity with and pursuant to
guidelines as shall be prescribed by an ordinance for the grant of such
the Department of Science and privileges: Provided, finally, That in
Technology. The sanggunian the absence of such organizations
concerned shall, by appropriate and cooperatives or their failure to
ordinance, penalize fraudulent exercise their preferential right,
practices and unlawful possession other parties may participate in the
or use of instruments of weights public bidding in conformity with
and measures and prescribe the the above cited procedure.
criminal penalty therefor in
accordance with the provisions of (2) Grant the privilege to gather,
this Code. Provided, however, That take or catch bangus fry, prawn fry
the sanggunian concerned may or kawag-kawag or fry of other
authorize the municipal treasurer to species and fish from the municipal
settle an offense not involving the waters by nets, traps or other
commission of fraud before a case fishing gears to marginal fishermen
therefor is filed in court, upon free of any rental, fee, charge or any
payment of a compromise penalty other imposition whatsoever.
of not less than Two hundred pesos
(P=200.00).
(3) Issue licenses for the operation branch or sales outlet is located. In
of fishing vessels of three (3) tons or cases where there is no such branch
less for which purpose the or sales outlet in the city or
sangguniang bayan shall municipality where the sale or
promulgate rules and regulations transaction is made, the sale shall
regarding the issuances of such be duly recorded in the principal
licenses to qualified applicants office and the taxes due shall accrue
under existing laws. and shall be paid to such city or
municipality.
Provided, however, That the
sanggunian concerned shall, by (b) The following sales allocation
appropriate ordinance, penalize the shall apply to manufacturers,
use of explosives, noxious or assemblers, contractors, producers,
poisonous substances, electricity, and exporters with factories, project
muro-ami, and other deleterious offices, plants, and plantations in
methods of fishing and prescribe a the pursuit of their business:
criminal penalty therefor in
accordance with the provisions of (1) Thirty percent (30%) of all sales
this Code: Provided, finally, That recorded in the principal office shall
the sanggunian concerned shall be taxable by the city or
have the authority to prosecute any municipality where the principal
violation of the provisions of office is located; and
applicable fishery laws.
(2) Seventy percent (70%) of all
SEC. 150. Situs of the Tax. - (a) For sales recorded in the principal office
purposes of collection of the taxes shall be taxable by the city or city or
under Section 143 of this Code, municipality where the factory is
manufacturers, assemblers, located; and
repackers, brewers, distillers,
rectifiers and compounders of (2) Forty percent (40%) to the city
liquor, distilled spirits and wines, ormunicipality where the plantation
millers, producers, exporters, is located.
wholesalers, distributors, dealers,
contractors, banks and other (d) In cases where a manufacturer,
financial institutions, and other assembler, producer, exporter or
businesses, maintaining or contractor has two (2) or more
operating branch or sales outlet factories, project offices, plants, or
elsewhere shall record the sale in plantations located in different
the branch or sales outlet making localities, the seventy percent (70%)
the sale or transaction, and the tax sales allocation mentioned in
thereon shall accrue and shall be subparagraph (b) of subsection (2)
paid to the municipality where such above shall be prorated among the
localities where the factories, Article, which shall exclusively
project offices, plants, and accrue to them:
plantations are located in
proportion to their respective (a) Taxes - On stores or retailers
volumes of production during the with fixed business establishments
period for which the tax is due. with gross sales or receipts of the
preceding calendar year of Fifty
(e) The foregoing sales allocation thousand pesos (P=50,000.00) or
shall be applied irrespective of less, in the case of cities and Thirty
whether or not sales are made in thousand pesos (P=30,000.00) or
the locality where the factory, less, in the case of municipalities, at
project office, plant, or plan is a rate not exceeding one percent
located. (1%) on such gross sales or receipts.
(1)Residential
Fair Market Value
Over Not
Fair Market Value
Over Assessment Levels
Over Not
Over Assessment Levels
500,000.00 750,000.00 55
P 300,000.00 30% %
750,000.00
P 300,000.00 500,000.00
1,000,000.00 60%
35%
1,000,000.00
500,000.00 750,000.00 4
2,000,000.00 65%
0%
2,000,000.0 70%
750,000.00 1,000,000.00 5
0%
(c) On Machineries
1,000,000.00 2,000,000.00 Class Assessment Levels
60%
The Hearing Officers shall each SEC. 232. Power to Levy Real
have the salary grade equivalent to Property Tax. - A province or city
the rank of Director I under the or a municipality within the
Salary Standardization Law Metropolitan Manila Area may levy
exclusive of allowances and other an annual ad valorem tax on real
emoluments. The Hearing Officers property such as land, building,
shall try and receive evidences on machinery, and other improvement
not hereinafter specifically (c) All machineries and equipment
exempted. that are actually, directly and
exclusively used by local water
SEC. 233. Rates of Levy. - A districts and government-owned or
province or city or a municipality -controlled corporations engaged in
within the Metropolitan Manila the supply and distribution of water
Area shall fix a uniform rate of basic and/or generation and transmission
real property tax applicable to their of electric power;
respective localities as follows: (a)
In the case of a province, at the rate (d) All real property owned by duly
not exceeding one percent (1%) of registered cooperatives as provided
the assessed value of real property; for under R. A. No. 6938; and
and
(e) Machinery and equipment used
(b) In the case of a city or a for pollution control and
municipality within the environmental protection. Except
Metropolitan Manila Area, at the as provided herein, any exemption
rate not exceeding two percent (2%) from payment of real property tax
of the assessed value of real previously granted to, or presently
property. enjoyed by, all persons, whether
natural or juridical, including all
SEC. 234. Exemptions from Real government-owned or -controlled
Property Tax. - The following are corporations are hereby withdrawn
exempted from payment of the real upon the effectivity of this Code.
property tax:
(2) Thirty percent (30%) shall be (d) The share of each barangay
distributed among the component shall be released, without need of
barangays of the cities where the any further action, directly to the
property is located in the following barangay treasurer on a quarterly
manner: basis within five (5) days after the
end of each quarter and shall not be
(i) Fifty percent (50%) shall accrue subject to any lien or holdback for
to the barangay where the property whatever purpose.
is located;
SEC. 272. Application of Proceeds
(ii) Fifty percent (50%) shall accrue of the Additional One Percent SEF
equally to all component barangays Tax. - The proceeds from the
of the city; and additional one percent (1%) tax on
real property accruing to the Special
(c) In the case of a municipality Education Fund (SEF) shall be
within the Metropolitan Manila automatically released to the local
Area: school boards: Provided, That, in
case of provinces, the proceeds shall
(1) Metropolitan Manila Authority - be divided equally between the
Thirty-five percent (35%) shall provincial and municipal school
accrue to the general fund of the boards: Provided, however, That
authority; the proceeds shall be allocated for
the operation and maintenance of
(2) municipality - Thirty-five public schools, construction and
percent (35%) shall accrue to the repair of school buildings, facilities
general fund of the municipality and equipment, educational
where the property is located; research, purchase of books and
periodicals, and sports development
(3) barangays - Thirty percent as determined and approved by the
(30%) shall be distributed among Local School Board.
the component barangays of the
municipality where the property is SEC. 273. Proceeds of the Tax on
located in the following manner: Idle Lands. - The proceeds of the
additional real property tax on idle
(i) Fifty percent (50%) shall accrue lands shall accrue to the respective
to the barangay where the property general fund of the province or city
is located; where the land is located. In the
case of a municipality within the
Metropolitan Manila Area, the decrease in the price of agricultural
proceeds shall accrue equally to the or agribased products, or calamity
Metropolitan Manila Authority and in any province, city, or
the municipality where the land is municipality, the sanggunian
located. concerned, by ordinance passed
prior to the first (1st) day of January
SEC. 274. Proceeds of the Special of any year and upon
Levy. - The proceeds of the special recommendation of the Local
levy on lands benefited by public Disaster Coordinating Council, may
works, projects and other condone or reduce, wholly or
improvements shall accrue to the partially, the taxes and interest
general fund of the local thereon for the succeeding year or
government unit which financed years in the city or municipality
such public works, projects or other affected by the calamity.
improvements.
SEC. 277. Condonation or
Reduction of Tax by the President
CHAPTER 8 - SPECIAL of the Philippines. - The President
PROVISIONS of the Philippines may, when public
interest so requires, condone or
SEC. 275. General Assessment reduce the real property tax and
Revision; Expenses Incident interest for any year in any province
Thereto. - The sanggunian of or city or a municipality within the
provinces, cities and municipalities Metropolitan Manila Area.
within the Metropolitan Manila
Area shall provide the necessary SEC. 278. Duty of Registrar of
appropriations to defray the Deeds and Notaries Public to Assist
expenses incident to the general the Provincial, City or Municipal
revision of real property Assessor. - It shall be the duty of the
assessment. All expenses incident to Registrar of Deeds and notaries
a general revision of real property public to furnish the provincial, city
assessments shall, by ordinance of or municipal assessor with copies of
the sangguniang panlalawigan, be all contracts selling, transferring, or
apportioned between the province otherwise conveying, leasing, or
and the municipality on the basis of mortgaging real property received
the taxable area of the municipality by, or acknowledged before them.
concerned.
SEC. 279. Insurance Companies to
SEC. 276. Condonation or Furnish Information. - Insurance
Reduction of Real Property Tax companies are hereby required to
and Interest. - In case of a general furnish the provincial, city or
failure of crops or substantial municipal assessor copies of any
contract or policy insurance on and forfeitures of delinquent real
buildings, structures, and property effected, before the
improvements insured by them or effectivity of this Code shall be
such other documents which may governed by the provisions of
be necessary for the proper applicable laws then in force.
assessment thereof.
(a) One percent (1%) of the gross (2) Land area - Thirty percent
sales or receipts of the preceding (30%).
calendar year; or
(b) Where the natural resources are
(b) Forty percent (40%) of the located in a highly urbanized or
mining taxes, royalties, forestry and independent component city:
fishery charges and such other
taxes, fees or charges, including (1) city - Sixty-five percent (65%);
related surcharges, interests, or and
fines the government agency or
government -owned or -controlled (2) barangay - Thirty-five percent
corporation would have paid if it (35%) Provided, however, That
were not otherwise exempt. where the natural resources are
located in such two (2) or more
SEC. 292. Allocation of Shares. - cities, the allocation of shares shall
The share in the preceding Section be based on the formula on
shall be distributed in the following population and land area as
manner: specified in paragraph (a) of this
Section.
(a) Where the natural resources are
located in the province SEC. 293 Remittance of the Share
of Local Government Units. - The
(1) province - Twenty percent share of local government units
(20%); from the utilization and
development of national wealth
shall be remitted in accordance with
Section 286 of this Code: Provided, SEC. 296. General Policy. - (a) It
however, That in the case of any shall be the basic policy that any
government agency or government- local government unit may create
owned or -controlled corporation indebtedness, and avail of credit
engaged in the utilization and facilities to finance local
development of the national wealth, infrastructure and other socio-
such share shall be directly remitted economic development projects in
to the provincial, city, municipal or accordance with the approved local
barangay treasurer concerned development plan and public
within five (5) days after the end of investment program.
each quarter.
(b) A local government unit may
SEC. 294. Development and avail of credit lines from
Livelihood Projects. - The proceeds government or private banks and
from the share of local government lending institutions for the purpose
units pursuant to this chapter shall of stabilizing local finances.
be appropriated by their respective
sanggunian to finance local SEC. 297. Loans, Credits, and
development and livelihood Other Forms of Indebted ness of
projects: Provided, however, That at Local Government Units. - (a) A
least eighty percent (80%) of the local government unit may contract
proceeds derived from the loans, credits, and other forms of
development and utilization of indebtedness with any government
hydrothermal, geothermal, and or domestic private bank and other
other sources of energy shall be lending institutions to finance the
applied solely to lower the cost of construction, installation,
electricity in the local government improvement, expansion,
unit where such a source of energy operation, or maintenance of public
is located. facilities, infrastructure facilities,
housing projects, the acquisition of
real property, and the
TITLE IV. - CREDIT implementation of other capital
FINANCING investment projects, subject to such
terms and conditions as may be
SEC. 295. Scope. - This Title shall agreed upon by the local
govern the power of local government unit and the lender.
government units to create The proceeds from such
indebtedness and to enter into transactions shall accrue directly to
credit and other financial the local government unit
transactions. concerned.
(b) A local government unit may producing development or
likewise secure from any livelihood projects pursuant to the
government bank and lending priorities established in the
institution short, medium and long- approved local development plan or
term loans and advances against the public investment program. The
security of real estate or other sanggunian concerned shall,
acceptable assets for the through an ordinance approved by a
establishment, development, or majority of all its members, declare
expansion of agricultural, and state the terms and conditions
industrial, commercial, house of the bonds and the purpose for
financing projects, livelihood which the proposed indebtedness is
projects, and other economic to be incurred.
enterprises.
SEC. 300. Inter-Local Government
(c) Government financial and other Loans, Grants, and Subsidies. -
lending institutions are hereby provinces, cities and municipalities
authorized to grant loans, credits, may, upon approval of the majority
and other forms of indebtedness out of all members of the sanggunian
of their loanable funds to local concerned and in amounts not
government units for purposes exceeding their surplus funds,
specified above. extend loans, grants, or subsidies to
other local government units under
SEC. 298. Deferred-Payment and such terms and conditions as may
other Financial Schemes. - be agreed upon by the contracting
Provincial, city and municipal parties. Local government units
governments may likewise acquire may, upon approval of their
property, plant, machinery, respective sanggunian, jointly or
equipment, and such necessary severally contract loans, credits,
accessories under a supplier's and other forms of indebtedness for
credit, deferred payment plan, or purposes mutually beneficial to
other financial scheme. them.
SEC. 299. Bonds and Other Long- SEC. 301. Loans from Funds
Term Securities. - Subject to the Secured by the National
rules and regulations of the Central Government from Foreign Sources.
Bank and the Securities and - (a) The President, or his duly
Exchange Commission, provinces, authorized representative, may,
cities, and municipalities are hereby through any government financial
authorized to issue bonds, or other lending institution, relend
debentures, securities, collaterals, to any province, city, municipality,
notes and other obligations to or barangay, the proceeds of loans
finance self-liquidating, income- contracted with foreign financial
institutions or other international Local government units may enter
funding agencies for the purpose of into contracts with any duly
financing the construction, prequalified individual contractor,
installation, improvement, for the financing, construction,
expansion, operation, or operation, and maintenance of any
maintenance of public utilities and financially viable infrastructure
facilities, infrastructure facilities, or facilities, under the build-operate-
housing projects, the acquisition of and-transfer agreement, subject to
real property, and the the applicable provisions of
implementation of other capital Republic Act Numbered Sixty-nine
investment projects, subject to such hundred fifty-seven (R.A. No. 6957)
terms and conditions as may be authorizing the financing,
agreed upon by the President and construction, operation and
the local government unit. The maintenance of infrastructure
proceeds from such loans shall projects by the private sector and
accrue directly to the local the rules and regulations issued
government concerned. thereunder and such terms and
conditions provided in this Section.
(b) The President may likewise
authorize the relending to local (b) Local government units shall
government units the proceeds of include in their respective local
grants secured from foreign development plans and public
sources, subject to the provisions of investment programs priority
existing laws and the applicable projects that may be financed,
grant agreements. constructed, operated and
maintained by the private sector
(c) Repayment or amortization of under this Section. It shall be the
loans including accrued interest duty of the local government unit
thereon, may be financed partly concerned to disclose to the public
from the income of the projects or all projects eligible for financing
services and from the regular under this Section, including official
income of the local government notification of duly registered
unit, which must be provided for contractors and publication in
and appropriated regularly in its newspapers of general or local
annual budget until the loan and circulation and in conspicuous and
the interest thereon shall have been accessible public places. Local
fully paid. projects under the build-operate-
and-transfer agreement shall be
SEC. 302. Financing, Construction, confirmed by the local development
Maintenance, Operation, and councils.
Management of Infrastructure
Projects by the Private Sector. - (a)
(c) Projects implemented under fixed term for the facility to be
this Section shall be subject to the constructed, operated, and
following terms and conditions: maintained according to the
prescribed minimum design and
(1) The provincial, city, or performance standards, plans, and
municipal engineer, as the case may specifications. For this purpose, the
be, upon formal request in writing winning contractor shall be
by the local chief executive, shall automatically granted by the local
prepare the plans and specifications government unit concerned the
for the proposed project, which franchise to operate and maintain
shall be submitted to the the facility, including the collection
sanggunian for approval. of tolls, fees, rentals, and charges in
accordance with subsection (c-4)
(2) Upon approval by the hereof.
sanggunian of the project plans and
specifications, the provincial, city, In the case of a build-operate-and-
or municipal engineer shall, as the transfer agreement, the contract
case may be, cause to be published shall be awarded to the lowest
once every week for two (2) complying bidder based on the
consecutive weeks in at least one (1) present value of its proposed
local newspaper which is circulated schedule of amortization payments
in the region, province, city or for the facility to be constructed
municipality in which the project is according to the prescribed
to be implemented, a notice inviting minimum design and performance
all duly qualified contractors to standards, plans, and specifications.
participate in a public bidding for
the projects so approved. The (3) Any contractor who shall
conduct of public bidding and undertake the prosecution of any
award of contracts for local project under this Section shall post
government projects under this the required bonds to protect the
Section shall be in accordance with interest of the province, city, or
this Code and other applicable laws, municipality, in such amounts as
rules and regulations. may be fixed by the sanggunian
concerned and the provincial, city,
In the case of a build-operate-and- or municipal engineer shall not, as
transfer agreement, the contract the case may be, allow any
shall be awarded to the lowest contractor to initiate the
complying bidder whose offer is prosecution of projects under this
deemed most advantageous to the Section unless such contractor
local government and based on the presents proof or evidence that he
present value of its proposed tolls, has posted the required bond.
fees, rentals, and charges over a
(4) The contractor shall be entitled reclaimed land or the industrial
to a reasonable return of its estate constructed.
investment in accordance with its
bid proposal as accepted by the (5) Every infrastructure project
local government unit concerned. In undertaken under this Section shall
the case of a build-operate-and- be constructed, operated, and
transfer agreement, the repayment maintained by the contractor under
shall be made by authorizing the the technical supervision of the
contractor to charge and collect local government unit and in
reasonable tolls, fees, rentals, and accordance with the plans,
charges for the use of the project specifications, standards, and costs
facility not exceeding those approved by it.
proposed in the bid and
incorporated in the contract: (d) The provincial, city or
Provided, That the local municipal legal officer shall, as the
government unit concerned shall, case may be, review the contracts
based on reasonableness and executed pursuant to this Section to
equity, approve the tolls, fees, determine their legality, validity,
rentals and charges: Provided, enforceability and correctness of
further, That the imposition and form.
collection of tolls, fees, rentals and
charges shall be for a fixed period as SEC. 303. Remedies and Sanctions.
proposed in the bid and - Local government units shall
incorporated in the contract which appropriate in their respective
shall in no case exceed fifty (50) annual budgets such amounts as are
years: Provided, finally, That during sufficient to pay the loans and other
the lifetime of the contract, the indebtedness incurred or redeem or
contractor shall undertake the retire bonds, debentures, securities,
necessary maintenance and repair notes and other obligations issued
of the facility in accordance with under this Title: Provided, That
standards prescribed in the bidding failure to provide the
documents and in the contract. In appropriations herein required
the case of a build-operate-and- shall render their annual budgets
transfer agreement, the repayment inoperative.
shall be made through amortization
payments in accordance with the
schedule proposed in the bid and TITLE FIVE. - LOCAL FISCAL
incorporated in the contract. In case ADMINISTRATION
of land reclamation or construction
of industrial estates, the repayment CHAPTER 1 - GENERAL
plan may consist of the grant of a PROVISIONS
portion or percentage of the
SEC. 304. Scope. - This Title shall permit or require the possession or
govern the conduct and custody of local funds shall be
management of financial affairs, properly bonded, and such officer
transactions, and operations of shall be accountable and
provinces, cities, municipalities, responsible for said funds and for
and barangays. the safekeeping thereof in
conformity with the provisions of
SEC. 305. Fundamental Principles. law;
- The financial affairs, transactions,
and operations of local government (g) Local governments shall
units shall be governed by the formulate sound financial plans,
following fundamental principles: and the local budgets shall be based
on functions, activities, and
(a) No money shall be paid out of projects, in terms of expected
the local treasury except in results; pment plans, goals, and
pursuance of an appropriations strategies in order to optimize the
ordinance or law; utilization of resources and to avoid
duplication in the use of fiscal and
(b) Local government funds and physical resources;
monies shall be spent solely for
public purposes; (i) Local budgets shall
operationalize approved local
(c) Local revenue is generated only development plans;
from sources expressly authorized
by law or ordinance, and collection (j) Local government units shall
thereof shall at all times be ensure that their respective budgets
acknowledged properly; incorporate the requirements of
their component units and provide
(d) All monies officially received by for equitable allocation of resources
a local government officer in any among these component units;
capacity or on any occasion shall be
accounted for as local funds, unless (k) National planning shall be
otherwise provided by law; based on local planning to ensure
that the needs and aspirations of
(e) Trust funds in the local treasury the people as articulated by the
shall not be paid out except in local government units in their
fulfillment of the purpose for which respective local development plans
the trust was created or the funds are considered in the formulation of
received; budgets of national line agencies or
offices;
(f) Every officer of the local
government unit whose duties
(l) Fiscal responsibility shall be (e) "Continuing Appropriation"
shared by all those exercising refers to an appropriation available
authority over the financial affairs, to support obligations for a
transactions, and operations of the specified purpose or projects, such
local government units; and as those for the construction of
physical structures or for the
(m) The local government unit acquisition of real property or
shall endeavor to have a balanced equipment, even when these
budget in each fiscal year of obligations are incurred beyond the
operation. budget year;
be necessary.
BOOK III
SEC. 386. Requisites for Creation. -
LOCAL GOVERNMENT UNITS (a) A barangay maybe created out of
a contiguous territory which has
TITLE ONE. - THE BARANGAY
apopulation of at least two
CHAPTER 1 - ROLE AND thousand (2,000) inhabitants
CREATION OF THE ascertified by the National Statistics
BARANGAY Office except in cities and
municipalities within Metro Manila
and other metropolitan political
SEC. 384. Role of the Barangay. - subdivisions or in highly urbanized
As the basic political unit, the cities where such territory shall
barangay serves as the primary have a certified population of at
planning and implementing unit of least five thousand (5,000)
government policies, plans, inhabitants: Provided, That the
programs, projects, and activities in creation thereof shall not reduce the
the community, and as a forum population of the original barangay
wherein the collective views of the or barangays to less than the
people may be expressed,
minimum requirement prescribed members, the sangguniang
herein. kabataan chairman, a barangay
secretary, and a barangay treasurer.
To enhance the delivery of basic
services in the indigenous cultural (b) There shall also be in every
communities, barangays may be barangay a lupong tagapamayapa.
created in such communities by an The sangguniang barangay may
Act of Congress, notwithstanding form community brigades and
the above requirement. create such other positions or
offices as may be deemed necessary
(b) The territorial jurisdiction of to carry out the purposes of the
the new barangay shall be properly barangay government in accordance
identified by metes and bounds or with the needs of public service,
by more or less permanent natural subject to the budgetary limitations
boundaries. The territory need not on personal services prescribed
be contiguous if it comprises two under Title Five, Book II of this
(2) or more islands. Code.
(c) The governor or city mayor may SEC. 388. Persons in Authority. -
prepare a consolidation plan for For purposes of the Revised Penal
barangays, based on the criteria Code, the punong barangay,
prescribed in this Section, within sangguniang barangay members,
his territorial jurisdiction. The plan and members of the lupong
shall be submitted to the tagapamayapa in each barangay
sangguniang panlalawigan or shall be deemed as persons in
sangguniang panlungsod concerned authority in their jurisdictions,
for appropriate action. In the case while other barangay officials and
of municipalities within the members who may be designated by
Metropolitan Manila area and other law or ordinance and charged with
metropolitan political subdivisions, the maintenance of public order,
the barangay consolidation plan protection and security of life and
shall be prepared and approved by property, or the maintenance of a
the sangguniang bayan concerned. desirable and balanced
environment, and any barangay
member who comes to the aid of
CHAPTER 2 - BARANGAY persons in authority, shall be
OFFICIALS AND OFFICES deemed agents of persons in
authority.
SEC. 387. Chief Officials and
Offices. - (a) There shall be in each
barangay a punong barangay, seven CHAPTER 3 - THE PUNONG
(7) sangguniang barangay BARANGAY
barangay secretary, and other
SEC. 389. Chief Executive: Powers, appointive barangay officials;
Duties, and Functions. - (a) The
punong barangay, as the chief (6) Organize and lead an
executive of the barangay emergency group whenever the
government, shall exercise such same may be necessary for the
powers and perform such duties maintenance of peace and order or
and functions, as provided by this on occasions of emergency or
Code and other laws. calamity within the barangay;
(14) Promote the general welfare of (2) Enact tax and revenue
the barangay; and ordinances, subject to the
limitations imposed in this Code;
(15) Exercise such other powers
and perform such other duties and (3) Enact annual and supplemental
functions as may be prescribed by budgets in accordance with the
law or ordinance. provisions of this Code;
(b) In the performance of his peace (4) Provide for the construction
and order functions, the punong and maintenance of barangay
barangay shall be entitled to facilities and other public works
possess and carry the necessary projects chargeable to the general
firearm within his territorial fund of the barangay or such other
jurisdiction, subject to appropriate funds actually available for the
rules and regulations. purpose;
SEC. 391. Powers, Duties, and (7) Regulate the use of multi-
Functions. - (a) The sangguniang purpose halls, multi- purpose
barangay, as the legislative body of pavements, grain or copra dryers,
the barangay, shall: patios and other post-harvest
facilities, barangay waterworks,
(1) Enact ordinances as may be barangay markets, parking areas or
necessary to discharge the other similar facilities constructed
responsibilities conferred upon it by with government funds within the
law or ordinance and to promote jurisdiction of the barangay and
charge reasonable fees for the use as well as travel expenses for
thereof; sangguniang barangay members
and other barangay officials, subject
(8) Solicit or accept monies, to the budgetary limitations
materials and voluntary labor for prescribed under Title Five, Book II
specific public works and of this Code: Provided, however,
cooperative enterprises of the That no increase in the com-
barangay from residents, land pensation or honoraria of the
owners, producers and merchants sangguniang barangay members
in the barangay; monies from shall take effect until after the
grants-in-aid, subsidies, expiration of the full term of all
contributions, and revenues made members of the sangguniang
available to the barangays from barangay approving such increase;
national, provincial, city or
municipal funds; and monies from (11) Hold fund-raising activities for
other private agencies and barangay projects without the need
individuals: Provided, however, of securing permits from any
That monies or properties donated national or local office or agency.
by private agencies and individuals The proceeds from such activities
for specific purposes shall accrue to shall be tax-exempt and shall accrue
the barangay as trust fund; to the general fund of the barangay:
Provided, That in the appropriation
(9) Solicit or accept, in any or all thereof, the specific purpose for
the foregoing public works and which such fund-raising activity has
cooperative enterprises, such been held shall be first satisfied:
cooperation as is made available by Provided, further, That no fund-
national, provincial, city, or raising activities shall be held
municipal agencies established by within a period of sixty (60) days
law to render financial, technical, immediately preceding and after a
and advisory assistance to national or local election, recall,
barangays and to barangay referendum, or plebiscite: Provided,
residents: Provided, however, That finally, That said fund-raising
in soliciting or accepting such activities shall comply with national
cooperation, the sangguniang policy standards and regulations on
barangay need not pledge any sum morals, health, and safety of the
of money for expenditure in excess persons participating therein. The
of amounts currently in the sangguniang barangay, through the
barangay treasury or encumbered punong barangay, shall render a
for other purposes; public accounting of the funds
raised at the completion of the
(10) Provide compensation, project for which the fund-raising
reasonable allowances or per diems activity was under- taken;
(12) Authorize the punong barangay children in the barangay by
to enter into contracts in behalf of promoting and supporting activities
the barangay, subject to the for the protection and total
provisions of this Code; (13) development of children,
Authorize the barangay treasurer to particularly those below seven (7)
make direct purchases in an years of age;
amount not exceeding One
thousand pesos (P1,000.00) at any (20) Adopt measures towards the
one time for the ordinary and prevention and eradication of drug
essential administrative needs of abuse, child abuse, and juvenile
the barangay; delinquency;
(16) Provide for the organization of (23) Provide for the delivery of
community brigades, barangay basic services; and
tanod, or community service units
as may be necessary; (24) Exercise such other powers
and perform such other duties and
(17) Organize regular lectures, functions as may be prescribed by
programs, or fora on community law or ordinance.
problems such as sanitation,
nutrition, literacy, and drug abuse, SEC. 392. Other Duties of
and convene assemblies to Sangguniang Barangay Members.
encourage citizen participation in - In addition to their duties as
government; members of the sangguniang
barangay, sangguniang barangay
(18) Adopt measures to prevent members may:
and control the proliferation of
squatters and mendicants in the (a) Assist the punong barangay in
barangay; the discharge of his duties and
functions;
(19) Provide for the proper
development and welfare of
(b) Act as peace officers in the from such other funds appropriated
maintenance of public order and by the national government for the
safety; and purpose;
(c) Perform such other duties and (2) Be entitled, during their
functions as the punong barangay incumbency, to insurance coverage
may delegate. which shall include, but shall not be
limited to temporary and
SEC. 393. Benefits of Barangay permanent disability, double
Officials. - (a) Barangay officials, indemnity, accident insurance,
including barangay tanods and death and burial benefits, in
members of the lupong accordance with Republic Act
tagapamayapa, shall receive Numbered Sixty-nine hundred
honoraria, allowances, and such forty-two (R.A. No. 6942), entitled
other emoluments as may be "An Act Increasing the Insurance
authorized by law or barangay, Benefits of Local Government
municipal or city ordinance in Officials and Providing Funds
accordance with the provisions of Therefor";
this Code, but in no case shall it be
less than One thousand pesos (3) Be entitled to free medical care
(P=1,000.00) per month for the including subsistence, medicines,
punong barangay and Six hundred and medical attendance in any
pesos (P=600.00) per month for government hospital or institution:
the sangguniang barangay Provided, That such hospital care
members, barangay treasurer, and shall include surgery or surgical
barangay secretary: Provided, expenses, medicines, X-rays,
however, That the annual laboratory fees, and other hospital
appropriations for personal services expenses;
shall be subject to the budgetary
limitations prescribed under Title In case of extreme urgency where
Five, Book II of this Code; there is no available government
hospital or institution, the barangay
(b) The punong barangay, the official concerned may submit
sangguniang barangay members, himself for immediate medical
the barangay treasurer, and the attendance to the nearest private
barangay secretary shall also: clinic, hospital or institution and
the expenses not exceeding Five
(1) Be entitled to Christmas bonus thousand pesos (P=5,000.00) that
of at least One thousand pesos may be incurred therein shall be
(P=1,000.00) each, the funds for chargeable against the funds of the
which shall be taken from the barangay concerned;
general fund of the barangay or
(4) Be exempted during their CHAPTER 5 - APPOINTIVE
incumbency from paying tuition BARANGAY OFFICIALS
and matriculation fees for their
legitimate dependent children SEC. 394. Barangay Secretary:
attending state colleges or Appointment, Qualifications,
universities. He may likewise avail Powers and Duties. - (a) The
of such educational benefits in a barangay secretary shall be
state college or university located appointed by the punong barangay
within the province or city to which with the concurrence of the
the barangay belongs; and majority of all the sangguniang
barangay members. The
(5) Be entitled to appropriate civil appointment of the barangay
service eligibility on the basis of the secretary shall not be subject to
number of years of service to the attestation by the Civil Service
barangay, pursuant to the rules and Commission.
regulations issued by the Civil
Service Commission. (b) The barangay secretary shall be
of legal age, a qualified voter and an
(c) Elective barangay officials shall actual resident of the barangay
have preference in appointments to concerned.
any government position or in any
government-owned or -controlled (c) No person shall be appointed
corporations, including their barangay secretary if he is a
subsidiaries, after their tenure of sangguniang barangay member, a
office, subject to the requisite government employee, or a relative
qualifications and the provisions of of the punong barangay within the
the immediately preceding fourth civil degree of consanguinity
paragraph. or affinity.
(d) All duly appointed members of (d) The barangay secretary shall:
the barangay tanod brigades, or
their equivalent, which shall (1) Keep custody of all records of
number not more than twenty (20) the sangguniang barangay and the
in each barangay, shall be granted barangay assembly meetings;
insurance or other benefits during
their incumbency, chargeable to the (2) Prepare and keep the minutes
barangay or the city or municipal of all meetings of the sangguniang
government to which the barangay barangay and the barangay
belongs. assembly;
(4) Assist in the preparation of all (b) The barangay treasurer shall be
necessary forms for the conduct of of legal age, a qualified voter, and
barangay elections, initiatives, an actual resident of the barangay
referenda or plebiscites, in concerned.
coordination with the Comelec;
(c) No person shall be appointed
(5) Assist the municipal civil barangay treasurer if he is a
registrar in the registration of sangguniang barangay member, a
births, deaths, and marriages; government employee, or a relative
of the punong barangay within the
(6) Keep an updated record of all fourth civil degree of consanguinity
inhabitants of the barangay or affinity.
containing the following items of
information: name, address, place (d) The barangay treasurer shall be
and date of birth, sex, civil status, bonded in accordance with existing
citizenship, occupation, and such laws in an amount to be determined
other items of information as may by the sangguniang barangay but
be prescribed by law or ordinances; not exceeding Ten thousand pesos
(P=10,000.00), premiums for
(7) Submit a report on the actual which shall be paid by the barangay.
number of barangay residents as
often as may be required by the (e) The barangay treasurer shall:
sangguniang barangay; and
(1) Keep custody of barangay funds
(8) Exercise such other powers and and properties;
perform such other duties and
functions as may be prescribed by (2) Collect and issue official
law or ordinance. receipts for taxes, fees,
contributions, monies, materials,
SEC. 395. Barangay Treasurer: and all other resources accruing to
Appointment, Qualifications, the barangay treasury and deposit
Powers and Duties. - (a) The the same in the account of the
barangay treasurer shall be barangay as provided under Title
appointed by the punong barangay Five, Book II of this Code;
with the concurrence of the
majority of all the sangguniang (3) Disburse funds in accordance
barangay members. The with the financial procedures
appointment of the barangay provided in this Code;
treasurer shall not be subject to
(4) Submit to the punong barangay SEC. 397. Composition; Meetings. -
a statement covering the actual and (a) There shall be a barangay
estimates of income and assembly composed of all persons
expenditures for the preceding and who are actual residents of the
ensuing calendar years, barangay for at least six (6) months,
respectively, subject to the fifteen (15) years of age or over,
provisions of Title Five, Book II of citizens of the Philippines, and duly
this Code; registered in the list of barangay
assembly members.
(5) Render a written accounting
report of all barangay funds and (b) The barangay assembly shall
property under his custody at the meet at least twice a year to hear
end of each calendar year, and and discuss the semestral report of
ensure that such report shall be the sangguniang barangay
made available to the members of concerning its activities and
the barangay assembly and other finances as well as problems
government agencies concerned; affecting the barangay. Its meetings
shall be held upon call of the
(6) Certify as to the availability of punong barangay or of at least four
funds whenever necessary; (4) members of the sangguniang
barangay, or upon written petition
(7) Plan and attend to the rural of at least five percent (5%) of the
postal circuit within his assembly members.
jurisdiction; and
(c) No meeting of the barangay
(8) Exercise such other powers and assembly shall take place unless a
perform such other duties and written notice is given one (1) week
functions as may be prescribed by prior to the meeting except on
law or ordinance. matters involving public safety or
security, in which case notice within
SEC. 396. Other Appointive a reasonable time shall be
Officials. - The qualifications, sufficient. The punong barangay, or
duties, and functions of all other in his absence, the sangguniang
barangay officials appointed by the barangay member acting as punong
punong barangay shall be governed barangay, or any assembly member
by the provisions of this Code and selected during the meeting, shall
other laws or by barangay act as presiding officer in all the
ordinances. meetings of the assembly. The
barangay secretary, or in his
absence, any member designated by
CHAPTER 6 - BARANGAY the presiding officer to act as
ASSEMBLY secretary, shall discharge the duties
of secretary of the barangay impartiality, independence of mind,
assembly. sense of fairness, and reputation for
probity, may be appointed a
SEC. 398. Powers of the Barangay member of the lupon.
Assembly. - The barangay assembly
shall: (c) A notice to constitute the lupon,
which shall include the names of
(a) Initiate legislative processes by proposed members who have
recommending to the sangguniang expressed their willingness to serve,
barangay the adoption of measures shall be prepared by the punong
for the welfare of the barangay and barangay within the first fifteen (15)
the city or municipality concerned; days from the start of his term of
office. Such notice shall be posted in
(b) Decide on the adoption of three (3) conspicuous places in the
initiative as a legal process whereby barangay continuously for a period
the registered voters of the of not less than three (3) weeks;
barangay may directly propose,
enact, or amend any ordinance; and (d) The punong barangay, taking
into consideration any opposition to
(c) Hear and pass upon the the proposed appointment or any
semestral report of the sangguniang recommendations for appointments
barangay concerning its activities as may have been made within the
and finances. period of posting, shall within ten
(10) days thereafter, appoint as
members those whom he
CHAPTER 7 - KATARUNGANG determines to be suitable therefor.
PAMBARANGAY Appointments shall be in writing,
signed by the punong barangay, and
SEC. 399. Lupong Tagapamayapa. attested to by the barangay
- (a) There is hereby created in each secretary.
barangay a lupong tagapamayapa,
hereinafter referred to as the lupon, (e) The list of appointed members
composed of the punong barangay shall be posted in three (3)
as chairman and ten (10) to twenty conspicuous places in the barangay
(20) members. The lupon shall be for the entire duration of their term
constituted every three (3) years in of office; and
the manner provided herein.
(f) In barangays where majority of
(b) Any person actually residing or the inhabitants are members of
working in the barangay, not indigenous cultural communities,
otherwise expressly disqualified by local systems of es through their
law, and possessing integrity, councils of datus or elders shall be
recognized without prejudice to the (c) Exercise such other powers and
applicable provisions of this Code. perform such other duties and
functions as may be prescribed by
SEC. 400. Oath and Term of Office. law or ordinance.
- Upon appointment, each lupon
member shall take an oath of office SEC. 403. Secretary of the Lupon. -
before the punong barangay. He The barangay secretary shall
shall hold office until a new lupon is concurrently serve as the secretary
constituted on the third year of the lupon. He shall record the
following his appointment unless results of mediation proceedings
sooner terminated by resignation, before the punong barangay and
transfer of residence or place of shall submit a report thereon to the
work, or withdrawal of appointment proper city or municipal courts. He
by the punong barangay with the shall also receive and keep the
concurrence of the majority of all records of proceedings submitted to
the members of the lupon. him by the various conciliation
panels.
SEC. 401. Vacancies. - Should a
vacancy occur in the lupon for any SEC. 404. Pangkat ng
cause, the punong barangay shall Tagapagkasundo. - (a) There shall
immediately appoint a qualified be constituted for each dispute
person who shall hold office only brought before the lupon a
for the unexpired portion of the conciliation panel to be known as
term. the pangkat ng tagapagkasundo,
hereinafter referred to as the
SEC. 402. Functions of the Lupon. - pangkat, consisting of three (3)
The lupon shall: (a) Exercise members who shall be chosen by
administrative supervision over the the parties to the dispute from the
conciliation panels provided herein; list of members of the lupon.
Should the parties fail to agree on
(b) Meet regularly once a month to the pangkat membership, the same
provide a forum for exchange of shall be determined by lots drawn
ideas among its members and the by the lupon chairman.
public on matters relevant to the
amicable settlement of disputes, (b) The three (3) members
and to enable various conciliation constituting the pangkat shall elect
panel members to share with one from among themselves the
another their observations and chairman and the secretary. The
experiences in effecting speedy secretary shall prepare the minutes
resolution of disputes; and of the pangkat proceedings and
submit a copy duly attested to by
the chairman to the lupon secretary
and to the proper city or municipal duties, the lupon or pangkat
court. He shall issue and cause to be members, whether in public or
served notices to the parties private employment, shall be
concerned. The lupon secretary deemed to be on official time, and
shall issue certified true copies of shall not suffer from any
any public record in his custody diminution in compensation or
that is not by law otherwise allowance from said employment by
declared confidential. reason thereof.
(e) Where the dispute involves real (c) All disputes involving real
properties located in different cities property or any interest therein
or municipalities unless the parties shall be brought in the barangay
thereto agree to submit their where the real property or the
differences to amicable settlement larger portion thereof is situated.
by an appropriate lupon;
(d) Those arising at the workplace
(f) Disputes involving parties who where the contending parties are
actually reside in barangays of employed or at the institution
different cities or municipalities, where such parties are enrolled for
except where such barangay units study, shall be brought in the
adjoin each other and the parties barangay where such workplace or
thereto agree to submit their institution is located. Objections to
differences to amicable settlement venue shall be raised in the
by an appropriate lupon; mediation proceedings before the
punong barangay; otherwise, the
(g) Such other classes of disputes same shall be deemed waived. Any
which the President may determine legal question which may confront
in the interest of justice or upon the the punong barangay in resolving
recommendation of the Secretary of objections to venue herein referred
Justice. The court in which non- to may be submitted to the
criminal cases not falling within the Secretary of Justice, or his duly
authority of the lupon under this designated representative, whose
Code are filed may, at any time ruling thereon shall be binding.
before trial, motu proprio refer the
case to the lupon concerned for SEC. 410. Procedure for Amicable
amicable settlement. Settlement. - (a) Who may initiate
proceeding - Upon payment of the
SEC. 409. Venue. - (a) Disputes appropriate filing fee, any
between persons actually residing individual who has a cause of action
in the same barangay shall be against another individual involving
brought for amicable settlement any matter within the authority of
before the lupon of said barangay. the lupon may complain, orally or
in writing, to the lupon chairman of
(b) Those involving actual residents the barangay.
of different barangays within the
(b) Mediation by lupon chairman - both parties and their witnesses,
Upon receipt of the complaint, the simplify issues, and explore all
lupon chairman shall within the possibilities for amicable
next working day summon the settlement. For this purpose, the
respondent(s), with notice to the pangkat may issue summons for the
complainant(s) for them and their personal appearance of parties and
witnesses to appear before him for a witnesses before it. In the event that
mediation of their conflicting a party moves to disqualify any
interests. If he fails in his mediation member of the pangkat by reason of
effort within fifteen (15) days from relationship, bias, interest, or any
the first meeting of the parties other similar grounds discovered
before him, he shall forthwith set a after the constitution of the
date for the constitution of the pangkat, the matter shall be
pangkat in accordance with the resolved by the affirmative vote of
provisions of this Chapter. the majority of the pangkat whose
decision shall be final. Should
(c) Suspension of prescriptive disqualification be decided upon,
period of offenses - While the the resulting vacancy shall be filled
dispute is under mediation, as herein provided for.
conciliation, or arbitration, the
prescriptive periods for offenses (e) Period to arrive at a settlement -
and cause of action under existing The pangkat shall arrive at a
laws shall be interrupted upon filing settlement or resolution of the
of the complaint with the punong dispute within fifteen (15) days
barangay. The prescriptive periods from the day it convenes in
shall resume upon receipt by the accordance with this section. This
complainant of the complaint or the period shall, at the discretion of the
certificate of repudiation or of the pangkat, be extendible for another
certification to file action issued by period which shall not exceed
the lupon or pangkat secretary: fifteen (15) days, except in clearly
Provided, however, That such meritorious cases.
interruption shall not exceed sixty
(60) days from the filing of the SEC. 411. Form of Settlement. - All
complaint with the punong amicable settlements shall be in
barangay. writing, in a language or dialect
known to the parties, signed by
(d) Issuance of summons; hearing; them, and attested to by the lupon
grounds for disqualification - The chairman or the pangkat chairman,
pangkat shall convene not later as the case may be. When the
than three (3) days from its parties to the dispute do not use the
constitution, on the day and hour same language or dialect, the
set by the lupon chairman, to hear
settlement shall be written in the (c) Conciliation among members of
language or dialect known to them. indigenous cultural communities. -
The customs and traditions of
SEC. 412. Conciliation. - (a) Pre- indigenous cultural communities
condition to Filing of Complaint in shall be applied in settling disputes
Court. - No complaint, petition, between members of the cultural
action, or proceeding involving any communities.
matter within the authority of the
lupon shall be filed or instituted SEC. 413. Arbitration. - (a) The
directly in court or any other parties may, at any stage of the
government office for adjudication, proceedings, agree in writing that
unless there has been a they shall abide by the arbitration
confrontation between the parties award of the lupon chairman or the
before the lupon chairman or the pangkat. Such agreement to
pangkat, and that no conciliation or arbitrate may be repudiated within
settlement has been reached as five (5) days from the date thereof
certified by the lupon secretary or for the same grounds and in
pangkat secretary as attested to by accordance with the procedure
the lupon or pangkat chairman or hereinafter prescribed. The
unless the settlement has been arbitration award shall be made
repudiated by the parties thereto. after the lapse of the period for
repudiation and within ten (10)
(b) Where Parties May Go Directly days thereafter.
to Court. - The parties may go
directly to court in the following (b) The arbitration award shall be
instances: in writing in a language or dialect
known to the parties. When the
(1) Where the accused is under parties to the dispute do not use the
detention; (2) Where a person has same language or dialect, the award
otherwise been deprived of personal shall be written in the language or
liberty calling for habeas corpus dialect known to them.
proceedings;
SEC. 414. Proceedings Open to the
(3) Where actions are coupled with Public; Exception. - All proceedings
provisional remedies such as for settlement shall be public and
preliminary injunction, attachment, informal: Provided, however, That
delivery of personal property, and the lupon chairman or the pangkat
support pendente lite; and chairman, as the case may be, may
motu proprio or upon request of a
(4) Where the action may party, exclude the public from the
otherwise be barred by the statute proceedings in the interest of
of limitations. privacy, decency, or public morals.
SEC. 415. Appearance of Parties in SEC. 418. Repudiation. - Any party
Person. - In all katarungang to the dispute may, within ten (10)
pambarangay proceedings, the days from the date of the
parties must appear in person settlement, repudiate the same by
without the assistance of counsel or filing with the lupon chairman a
representative, except for minors statement to that effect sworn to
and incompetents who may be before him, where the consent is
assisted by their next-of-kin who vitiated by fraud, violence, or
are not lawyers. intimidation. Such repudiation shall
be sufficient basis for the issuance
SEC. 416. Effect of Amicable of the certification for filing a
Settlement and Arbitration Award. complaint as hereinabove provided.
- The amicable settlement and
arbitration award shall have the SEC. 419. Transmittal of Settlement
force and effect of a final judgment and Arbitration Award to the
of a court upon the expiration of ten Court. - The secretary of the lupon
(10) days from the date thereof, shall transmit the settlement or the
unless repudiation of the settlement arbitration award to the appropriate
has been made or a petition to city or municipal court within five
nullify the award has been filed (5) days from the date of the award
before the proper city or municipal or from the lapse of the ten-day
court. However, this provision shall period repudiating the settlement
not apply to court cases settled by and shall furnish copies thereof to
the lupon under the last paragraph each of the parties to the settlement
of Section 408 of this Code, in and the lupon chairman.
which case the compromise
settlement agreed upon by the SEC. 420. Power to Administer
parties before the lupon chairman Oaths. - The punong barangay, as
or the pangkat chairman shall be chairman of the lupong
submitted to the court and upon tagapamayapa, and the members of
approval thereof, have the force and the pangkat are hereby authorized
effect of a judgment of said court. to administer oaths in connection
with any matter relating to all
SEC. 417. Execution. - The amicable proceedings in the implementation
settlement or arbitration award may of the katarungang pambarangay.
be enforced by execution by the
lupon within six (6) months from SEC. 421. Administration; Rules
the date of the settlement. After the and Regulations. - The city or
lapse of such time, the settlement municipal mayor, as the case may
may be enforced by action in the be, shall see to the efficient and
appropriate city or municipal court. effective implementation and
administration of the katarungang
pambarangay. The Secretary of SEC. 425. Meetings of the
Justice shall promulgate the rules Katipunan ng Kabataan. - The
and regulations necessary to katipunan ng kabataan shall meet at
implement this Chapter. least once every three (3) months,
or at the call of the chairman of the
SEC. 422. Appropriations. - Such sangguniang kabataan or upon
amount as may be necessary for the written petition of at least one-
effective implementation of the twentieth (1/20) of its members, to
katarungang pambarangay shall be decide on important issues affecting
provided for in the annual budget of the youth of the barangay .
the city or municipality concerned.
SEC. 426. Powers and Functions of
the Sangguniang Kabataan. - The
CHAPTER 8 - SANGGUNIANG sangguniang kabataan shall:
KABATAAN
(a) Promulgate resolutions
SEC. 423. Creation and Election. - necessary to carry out the objectives
(a) There shall be in every barangay of the youth in the barangay in
a sangguniang kabataan to be accordance with the applicable
composed of a chairman, seven (7) provisions of this Code;
members, a secretary, and a
treasurer. (b) Initiate programs designed to
enhance the social, political,
(b) A sangguniang kabataan official economic, cultural, intellectual,
who, during his term of office, shall moral, spiritual, and physical
have passed the age of twenty-one development of the members;
(21) years shall be allowed to serve
the remaining portion of the term (c) Hold fund-raising activities, the
for which he was elected. proceeds of which shall be tax-
exempt and shall accrue to the
SEC. 424. Katipunan ng Kabataan. general fund of the sangguniang
- The katipunan ng kabataan shall kabataan: Provided, however, That
be composed of all citizens of the in the appropriation thereof, the
Philippines actually residing in the specific purpose for which such
barangay for at least six (6) months, activity has been held shall be first
who are fifteen (15) but not more satisfied;
than twenty-one (21) years of age,
and who are duly registered in the (d) Create such bodies or
list of the sangguniang kabataan or committees as it may deem
in the official barangay list in the necessary to effectively carry out its
custody of the barangay secretary. programs and activities;
(e) Submit annual and end-of-term special meetings shall be furnished
reports to the sangguniang the punong barangay and the
barangay on their projects and sangguniang barangay . A majority
activities for the survival and of the members of the sangguniang
development of the youth in the kabataan shall constitute a quorum.
barangay ;
SEC. 428. Qualifications. - An
(f) Consult and coordinate with all elective official of the sangguniang
youth organizations in the barangay kabataan must be a citizen of the
for policy formulation and program Philippines, a qualified voter of the
implementation; katipunan ng kabataan, a resident
of the barangay for at least one (1)
(g) Coordinate with the appropriate year immediately prior to election,
national agency for the at least fifteen (15) years but not
implementation of youth more than twenty-one (21) years of
development projects and programs age on the day of his election, able
at the national level; to read and write Filipino, English,
or the local dialect, and must not
(h) Exercise such other powers and have been convicted of any crime
perform such other duties and involving moral turpitude.
functions as the sangguniang
barangay may determine or SEC. 429. Term of Office. - The
delegate; and sangguniang kabataan chairman
and members shall hold office for a
(i) Exercise such other powers and period of three (3) years, unless
perform such other duties and sooner removed for cause as
functions as may be prescribed by provided by law, permanently
law or ordinance. incapacitated, die or resign from
office.
SEC. 427. Meetings of the
Sangguniang kabataan. - The SEC. 430. Sangguniang Kabataan
sangguniang kabataan shall meet Chairman. - The registered voters
regularly once a month on the date, of the katipunan ng kabataan shall
time, and place to be fixed by the elect the chairman of the
said sanggunian. Special meetings sangguniang kabataan who shall
may be called by the sangguniang automatically serve as an ex-officio
kabataan chairman or any three (3) member of the sangguniang
of its members by giving written barangay upon his assumption to
notice to all members of the date, office. As such, he shall exercise the
time, place, and agenda of the same powers, discharge the same
meeting at least one (1) day in duties and functions, and enjoy the
advance. Notices of regular or same privileges as the regular
sangguniang barangay members, functions as may be prescribed by
and shall be the chairman of the law or ordinance.
committee on youth and sports
development in the said SEC. 432. Sangguniang Kabataan
sanggunian. Secretary. - The sangguniang
kabataan secretary shall :
SEC. 431. Powers and Duties of the
Sangguniang Kabataan Chairman. (a) Keep all records of the
- In addition to the duties which katipunan ng kabataan and
may be assigned to him by the sangguniang kabataan;
sangguniang barangay, the
sangguniang kabataan chairman (b) Prepare and keep the minutes
shall: of all meetings of the katipunan ng
kabataan and sangguniang
(a) Call and preside over all kabataan;
meetings of the katipunan ng
kabataan and the sangguniang (c) Prepare all forms necessary for
kabataan; the conduct of registrations,
elections, initiatives, referenda, or
(b) Implement policies, programs, plebiscites, in coordination with the
and projects within his jurisdiction barangay secretary and the
in coordination with the Comelec; and
sangguniang barangay ;
(d) Perform such other duties and
(c) Exercise general supervision discharge such other functions as
over the affairs and activities of the the chairman of the sangguniang
sangguniang kabataan and the kabataan may prescribe or direct.
official conduct of its members, and
such other officers of the SEC. 433. Sangguniang Kabataan
sangguniang kabataan within his Treasurer. - The sangguniang
jurisdiction; kabataan treasurer shall:
(d) With the concurrence of the (a) Take custody of all sangguniang
sangguniang kabataan, appoint kabataan property and funds not
from among the members of the otherwise deposited with the city or
sangguniang kabataan, the municipal treasurer;
secretary and treasurer, and such
other officers as may be deemed (b) Collect and receive
necessary; and contributions, monies, materials,
and all other resources intended for
(e) Exercise such other powers and the sangguniang kabataan and
perform such other duties and katipunan ng kabataan;
(c) Disburse funds in accordance SEC. 435. Succession and Filling of
with an approved budget of the Vacancies. - (a) In case a
sangguniang kabataan; sangguniang kabataan chairman
refuses to assume office, fails to
(d) Certify to the availability of qualify, is convicted of a felony,
funds whenever necessary; voluntarily resigns, dies, is
permanently incapacitated, is
(e) Submit to the sangguniang removed from office, or has been
kabataan and to the sangguniang absent without leave for more than
barangay certified and detailed three (3) consecutive months, the
statements of actual income and sangguniang kabataan member who
expenditures at the end of every obtained the next highest number
month; and of votes in the election immediately
preceding shall assume the office of
(f) Perform such other duties and the chairman for the unexpired
discharge such other functions as portion of the term, and shall
the chairman of the discharge the powers and duties,
and enjoy the rights and privileges
SEC. 434. Privileges of appurtenant to the office. In case
Sangguniang Kabataan Officials. - the said member refuses to assume
The sangguniang kabataan the position or fails to qualify, the
chairman shall have the same sanggunian member obtaining the
privileges enjoyed by next highest number of votes shall
othersangguniang barangay officials assume the position of the
under this Code subject to such chairman for the unexpired portion
requirements and limitations of the term.
provided herein. During their
incumbency, sangguniang kabataan (b) Where two (2) or more
officials shall be exempt from sangguniang kabataan members
payment of tuition and obtained the same next highest
matriculation fees while enrolled in number of votes, the other
public tertiary schools, including sangguniang kabataan members
state colleges and universities. The shall conduct an election to choose
national government shall the successor to the chairman from
reimburse said college or university among the said members.
the amount of the tuition and
matriculation fees: Provided, That, (c) After the vacancy shall have
to qualify for the privilege, the said been filled, the sangguniang
officials shall enroll in the state kabataan chairman shall call a
college or university within or special election to complete the
nearest their area of jurisdiction. membership of said sanggunian.
Such sangguniang kabataan
member shall hold office for the (5) on the national level,
unexpired portion of the term of the pambansang pederasyon ng mga
vacant seat. sangguniang kabataan.
(4) Ensure the delivery of basic Article Two. - The Vice Mayor
services and the provision of
adequate facilities as provided for SEC. 445. Powers, Duties and
under Section 17 of this Code and, Compensation.- (a) The vice-mayor
in addition thereto, shall: shall:
(i) Ensure that the construction and (1) Be the presiding officer of the
repair of roads and highways sangguniang bayan and sign all
funded by the national government warrants drawn on the municipal
shall be, as far as practicable, treasury for all expenditures
carried out in a spatially contiguous appropriated for the operation of
manner and in coordination with the sangguniang bayan;
the construction and repair of the
roads and bridges of the (2) Subject to civil service law,
municipality and the province; and rules and regulations, appoint all
officials and employees of the
(ii) Coordinate the implementation sangguniang bayan, except those
of technical services rendered by whose manner of appointment is
national and provincial offices, specifically provided in this Code;
including public works and
infrastructure programs in the (3) Assume the office of the
municipality; and municipal mayor for the unexpired
term of the latter in the event of
permanent vacancy as provided for representatives: one (1) from the
in Section 44, Book I of this Code; women; and, as shall be determined
by the sanggunian concerned within
(4) Exercise the powers and ninety (90) days prior to the
perform the duties and functions of holding of local elections, one (1)
the municipal mayor in cases of from the agricultural or industrial
temporary vacancy as provided for workers; and one (1) from the other
in Section 46, Book I of this Code; sectors, including the urban poor,
and, indigenous cultural communities,
or disabled persons.
(5) Exercise such other powers and
perform such other duties and (c) The regular members of the
functions as may be prescribed by sangguniang bayan and the sectoral
law or ordinance. representatives shall be elected in
the manner as may be provided for
(b) Thevice-mayor shall receive a by law.
monthly compensation
corresponding to Salary Grade SEC. 447. - Powers, Duties,
twenty five (25) as prescribed under Functions and Compensation. - (a)
R.A. No. 6758 and the The sangguniang bayan, as the
implementing guidelines issued legislative body of the municipality,
pursuant thereto. shall enact ordinances, approve
resolutions and appropriate funds
for the general welfare of the
Article Three. - The municipality and its inhabitants
Sangguniang Bayan pursuant to Section 16 of this Code
and in the proper exercise of the
SEC. 446. Composition. - (a) The corporate powers of the
sangguniang bayan, the legislative municipality as provided for under
body of the municipality, shall be Section 22 of this Code, and shall:
composed of the municipal vice-
mayoras the presiding officer, the (1) Approve ordinances and pass
regular sanggunian members, the resolutions necessary for an
president of the municipal chapter efficient and effective municipal
of the liga ng mga barangay, the government, and in this connection
president of the pambayang shall:
pederasyon ng mga sangguniang
kabataan, and the sectoral (i) Review all ordinances approved
representatives, as members. by the sangguniang barangay and
executive orders issued by the
(b) In addition thereto, there shall punong barangay to determine
be three (3) sectoral whether these are within the scope
of the prescribed powers of the delinquency, the printing,
sanggunian and of the punong distribution or exhibition of
barangay; obscene or pornographic materials
or publications, and such other
(ii) Maintain peace and order by activities inimical to the welfare and
enacting measures to prevent and morals of the inhabitants of the
suppress lawlessness, disorder, riot, municipality;
violence, rebellion or sedition and
impose penalties for the violation of (vi) Protect the environment and
said ordinances; impose appropriate penalties for
acts which endanger the
(iii)Approve ordinances imposing a environment, such as dynamite
fine not exceeding Two thousand fishing and other forms of
five hundred pesos (P=2,500.00) or destructive fishing, illegal logging
an imprisonment for a period not and smuggling of logs, smuggling of
exceeding six (6) months, or both in natural resources products and of
the discretion of the court, for the endangered species of flora and
violation of a municipal ordinance; fauna, slash and burn farming, and
such other activities which result in
(iv) Adopt measures to protect the pollution, acceleration of
inhabitants of the municipality eutrophication of rivers and lakes,
from the harmful effects of man- or of ecological imbalance;
made or natural disasters and
calamities and to provide relief (vii) Subject to the provisions of
services and assistance for victims this Code and pertinent laws,
during and in the aftermath of said determine the powers and duties of
disasters or calamities and their officials and employees of the
return to productive livelihood municipality;
following said events;
(viii) Determine the positions and
(v) Enact ordinances intended to the salaries, wages, allowances and
prevent, suppress and impose other emoluments and benefits of
appropriate penalties for habitual officials and employees paid wholly
drunkenness in public places, or mainly from municipal funds and
vagrancy, mendicancy, prostitution, provide for expenditures necessary
establishment and maintenance of for the proper conduct of programs,
houses of ill repute, gambling and projects, services, and activities of
other prohibited games of chance, the municipal government;
fraudulent devices and ways to
obtain money or property, drug (ix) Authorize the payment of
addiction, maintenance of drug compensation to a qualified person
dens, drug pushing, juvenile not in the government service who
fills up a temporary vacancy or tanod brigades and other service
grant honorarium to any qualified units, with public or private
official or employee designated to insurance companies, when the
fill a temporary vacancy in a finances of the municipal
concurrent capacity, at the rate government allow said coverage.
authorized by law;
(2) Generate and maximize the use
(x) Provide a mechanism and the of resources and revenues for the
appropriate funds therefor, to development plans, program
ensure the safety and protection of objectives and priorities of the
all municipal government property, municipality as provided for under
public documents, or records such Section 18 of this Code with
as those relating to property particular attention to agro-
inventory, land ownership, records industrial development and
of births, marriages, deaths, countryside growth and progress,
assessments, taxation, accounts, and relative thereto, shall:
business permits, and such other
records and documents of public (i) Approve the annual and
interest in the offices and supplemental budgets of the
departments of the municipal municipal government and
government; appropriate funds for specific
programs, projects, services and
(xi) When the finances of the activities of the municipality, or for
municipal government allow, other purposes not contrary to law,
provide for additional allowances in order to promote the general
and other benefits to judges, welfare of the municipality and its
prosecutors, public elementary and inhabitants;
high school teachers, and other
national government officials (ii) Subject to the provisions of
stationed in or assigned to the Book II of this Code and applicable
municipality; laws and upon the majority vote of
all the members of the sangguniang
(xii) Provide for legal assistance to bayan, enact ordinances levying
barangay officials who, in the taxes, fees and charges, prescribing
performance of their official duties the rates thereof for general and
or on the occasion thereof, have to specific purposes, and granting tax
initiate judicial proceedings or exemptions, incentives or reliefs;
defend themselves against legal
action; and, (xiii) Provide for group (iii) Subject to the provisions of
insurance or additional insurance Book II of this Code and upon the
coverage for barangay officials, majority vote of all the members of
including members of barangay the sangguniang bayan, authorize
the municipal mayor to negotiate subject to the pertinent provisions
and contract loans and other forms of this Code;
of indebtedness;
(ix) Enact integrated zoning
(iv) Subject to the provisions of ordinances in consonance with the
Book II of this Code and applicable approved comprehensive land use
laws and upon the majority vote of plan, subject to existing laws, rules
all the members of the sangguniang and regulations; establish fire limits
bayan, enact ordinances authorizing or zones, particularly in populous
the floating of bonds or other centers; and regulate the
instruments of indebtedness, for construction, repair or modification
the purpose of raising funds to of buildings within said fire limits
finance development projects; or zones in accordance with the
provisions of the Fire Code;
(v) Appropriate funds for the
construction and maintenance or (x) Subject to national law, process
the rental of buildings for the use of and approve subdivision plans for
the municipality and, upon the residential, commercial, or
majority vote of all the members of industrial purposes and other
the sangguniang bayan, authorize development purposes, and collect
the municipal mayor to lease to processing fees and other charges,
private parties such public the proceeds of which shall accrue
buildings held in a proprietary entirely to the municipality:
capacity, subject to existing laws, Provided, however, That, where
rules and regulations; approval by a national agency or
office is required, said approval
(vi) Prescribe reasonable limits and shall not be withheld for more than
restraints on the use of property thirty (30) days from receipt of the
within the jurisdiction of the application. Failure to act on the
municipality; application within the period stated
above shall be deemed as approval
(vii) Adopt a comprehensive land thereof;
use plan for the municipality:
Provided, That the formulation, (xi) Subject to the provisions of
adoption, or modification of said Book II of this Code, grant the
plan shall be in coordination with exclusive privilege of constructing
the approved provincial fish corrals or fish pens, or the
comprehensive land use plan; taking or catching of bangus fry,
prawn fry or kawag-kawag or fry of
(viii) Reclassify land within the any species or fish within the
jurisdiction of the municipality, municipal waters;
(xii) With the concurrence of at government to private persons or
least two-thirds (2/3) of all the entities;
members of the sangguniang bayan,
grant tax exemptions, incentives or (ii) Regulate any business,
reliefs to entities engaged in occupation, or practice of
community growth-inducing profession or calling which does not
industries, subject to the provisions require government examination
of Chapter 5, Title I, Book II of this within the municipality and the
Code; conditions under which the license
for said business or practice of
(xiii) Grant loans or provide grants profession may be issued or
to other local government units or revoked;
to national, provincial and
municipal charitable, benevolent or (iii) Prescribe the terms and
educational institutions: Provided, conditions under which public
That said institutions are operated utilities owned by the municipality
and maintained within the shall be operated by the municipal
municipality; government or leased to private
persons or entities, preferably
(xiv) Regulate the numbering of cooperatives;
residential, commercial and other
buildings; and, (iv) Regulate the display of and fix
the license fees for signs,
(xv) Regulate the inspection, signboards, or billboards at the
weighing and measuring of articles place or places where the profession
of commerce. or business advertised thereby is, in
whole or in part, conducted;
(3) Subject to the provisions of
Book II of this Code, grant (v) Any law to the contrary
franchises, enact ordinances notwithstanding, authorize and
authorizing the issuance of permits license the establishment,
or licenses, or enact ordinances operation, and maintenance of
levying taxes, fees and charges upon cockpits, and regulate cockfighting
such conditions and for such and commercial breeding of
purposes intended to promote the gamecocks: Provided, That existing
general welfare of the inhabitants of rights should not be prejudiced;
the municipality, and pursuant to
this legislative authority shall: (vi) Subject to the guidelines
prescribed by the Department of
(i) Fix and impose reasonable fees Transportation and
and charges for all services Communications, regulate the
rendered by the municipal operation of tricycles and grant
franchises for the operation thereof (iii) Regulate the disposal of
within the territorial jurisdiction of clinical and other wastes from
the municipality; hospitals, clinics and other similar
establishments;
(vii) Upon approval by a majority
vote of all the members of the (iv) Regulate the establishment,
sangguniang bayan, grant a operation and maintenance of cafes,
franchise to any person, restaurants, beerhouses, hotels,
partnership, corporation, or motels, inns, pension houses,
cooperative to establish, construct, lodging houses, and other similar
operate and maintain ferries, establishments, including tourist
wharves, markets or guides and transports;
slaughterhouses, or such other
similar activities within the (v) Regulate the sale, giving away
municipality as may be allowed by or dispensing of any intoxicating
applicable laws: Provided, That, malt, vino, mixed or fermented
cooperatives shall be given liquors at any retail outlet;
preference in the grant of such a
franchise. (vi) Regulate the establishment and
provide for the inspection of steam
(4) Regulate activities relative to boilers or any heating device in
the use of land, buildings and buildings and the storage of
structures within the municipality inflammable and highly
in order to promote the general combustible materials within the
welfare and for said purpose shall: municipality;
(ii) a population of not less than SEC. 452. Highly Urbanized Cities.
one hundred fifty thousand - (a) Cities with a minimum
(150,000) inhabitants, as certified population of two hundred
by the National Statistics Office: thousand (200,000) inhabitants, as
Provided, That, the creation thereof certified by the National Statistics
shall not reduce the land area, Office, and with the latest annual
population, and income of the income of at least Fifty Million
original unit or units at the time of Pesos (P=50,000,000.00) based on
said creation to less than the 1991 constant prices, as certified by
minimum requirements prescribed the city treasurer, shall be classified
herein. as highly urbanized cities.
(b) Cities which do not meet the in a plebiscite by the qualified
above requirements shall be voters therein.
considered component cities of the
province in which they are
geographically located. If a
component city is located within the CHAPTER 2 - CITY OFFICIALS
boundaries of two (2) or more IN GENERAL
provinces, such city shall be
considered a component of the SEC. 454. Officials of the City
province of which it used to be a Government. - (a) There shall be in
municipality. each city a mayor, a vice-mayor,
sangguniang panlungsod members,
(c) Qualified voters of highly a secretary to the sangguniang
urbanized cities shall remain panlungsod, a city treasurer, a city
excluded from voting for elective assessor, a city accountant, a city
provincial officials. Unless budget officer, a city planning and
otherwise provided in the development coordinator, a city
Constitution or this Code, qualified engineer, a city health officer, a city
voters of independent component civil registrar, a city administrator,
cities shall be governed by their a city legal officer, a city
respective charters, as amended, on veterinarian, a city social welfare
the participation of voters in and development officer, and a city
provincial elections. Qualified general services officer.
voters of cities who acquired the
right to vote for elective provincial (b) In addition thereto, the city
officials prior to the classification of mayor may appoint a city architect,
said cities as highly-urbanized after a city information officer, a city
the ratification of the Constitution agriculturist, a city population
and before the effectivity of this officer, a city environment and
Code, shall continue to exercise natural resources officer, and a city
such right. cooperatives officer. The
appointment of a city population
SEC. 453. Duty to Declare Highly officer shall be optional in the city:
Urbanized Status. - It shall be the Provided, however, That cities
duty of the President to declare a which have existing population
city as highly urbanized within offices shall continue to maintain
thirty (30) days after it shall have such offices for a period of five (5)
met the minimum requirements years from the date of the effectivity
prescribed in the immediately of this Code, after which said offices
preceding section, upon proper shall become optional.
application therefor and ratification
(c) The sangguniang panlungsod said local officials approving such
may: increase.
(c) During his incumbency, the city (4) Exercise the powers and
mayor shall hold office in the city perform the duties and functions of
hall. the city mayor in cases of temporary
vacancy as provided for in Section
46, Book I of this Code; and
(5) Exercise such other powers and urban poor, indigenous cultural
perform such other duties and communities, or disabled persons.
functions as may be prescribed by
law or ordinance. (c) The regular members of the
sangguniang panlungsod and the
(b) The city vice-mayor shall sectoral representatives shall be
receive a monthly compensation elected in the manner as may be
corresponding to Salary Grade provided for by law.
twenty eight (28) for a highly
urbanized city and Salary Grade SEC. 458. - Powers, Duties,
twenty six (26) for a component Functions and Compensation. - (a)
city, as prescribed under R.A. No. The sangguniang panlungsod, as
6758 and the implementing the legislative body of the city, shall
guidelines issued pursuant thereto. enact ordinances, approve
resolutions and appropriate funds
for the general welfare of the city
Article Three. - The and its inhabitants pursuant to
Sangguniang Panlungsod Section 16 of this Code and in the
proper exercise of the corporate
SEC. 457. Composition. - (a) The powers of the city as provided for
sangguniang panlungsod, the under Section 22 of this Code, and
legislative body of the city, shall be shall:
composed of the city vice-mayor as
presiding officer, the regular (1) Approve ordinances and pass
sanggunian members, the president resolutions necessary for an
of the city chapter of the liga ng mga efficient and effective city
barangay, the president of the government, and in this connection,
panlungsod na pederasyon ng mga shall:
sangguniang kabataan, and the
sectoral representatives, as (i) Review all ordinances approved
members. by the sangguniang barangay and
executive orders issued by the
(b) In addition thereto, there shall punong barangay to determine
be three (3) sectoral whether these are within the scope
representatives: one (1) from the of the prescribed powers of the
women; and, as shall be determined sanggunian and of the punong
by the sanggunian concerned within barangay;
ninety (90) days prior to the
holding of the local elections, one (ii) Maintain peace and order by
(1) from the agricultural or enacting measures to prevent and
industrial workers; and one (1) from suppress lawlessness, disorder, riot,
the other sectors, including the violence, rebellion or sedition and
impose penalties for the violation of (vi) Protect the environment and
said ordinances; impose appropriate penalties for
acts which endanger the
(iii) Approve ordinances imposing environment, such as dynamite
a fine not exceeding Five thousand fishing and other forms of
pesos (P5,000.00) or an destructive fishing, illegal logging
imprisonment for a period not and smuggling of logs, smuggling of
exceeding one (1) year, or both in natural resources products and of
the discretion of the court, for the endangered species of flora and
violation of a city ordinance; fauna, slash and burn farming, and
such other activities which result in
(iv) Adopt measures to protect the pollution, acceleration of
inhabitants of the city from the eutrophication of rivers and lakes,
harmful effects of man-made or or of ecological imbalance;
natural disasters and calamities,
and to provide relief services and (vii) Subject to the provisions of
assistance for victims during and in this Code and pertinent laws,
the aftermath of said disasters or determine the powers and duties of
calamities and their return to officials and employees of the city;
productive livelihood following said
events; (viii) Determine the positions and
the salaries, wages, allowances and
(v) Enact ordinances intended to other emoluments and benefits of
prevent, suppress and impose officials and employees paid wholly
appropriate penalties for habitual or mainly from city funds and
drunkenness in public places, provide for expenditures necessary
vagrancy, mendicancy, prostitution, for the proper conduct of programs,
establishment and maintenance of projects, services, and activities of
houses of ill repute, gambling and the city government;
other prohibited games of chance,
fraudulent devices and ways to (ix) Authorize the payment of
obtain money or property, drug compensation to a qualified person
addiction, maintenance of drug not in the government service who
dens, drug pushing, juvenile fills up a temporary vacancy or
delinquency, the printing, grant honorarium to any qualified
distribution or exhibition of official or employee designated to
obscene or pornographic materials fill a temporary vacancy in a
or publications, and such other concurrent capacity, at the rate
activities inimical to the welfare and authorized by law;
morals of the inhabitants of the city;
(x) Provide a mechanism and the
appropriate funds therefor, to
ensure the safety and protection of objectives and priorities of the city
all city government property, public as provided for under Section 18 of
documents, or records such as those this Code, with particular attention
relating to property inventory, land to agro-industrial development and
ownership, records of births, city-wide growth and progress, and
marriages, deaths, assessments, relative thereto, shall:
taxation, accounts, business
permits, and such other records and (i) Approve the annual and
documents of public interest in the supplemental budgets of the city
offices and departments of the city government and appropriate funds
government; for specific programs, projects,
services and activities of the city, or
(xi) When the finances of the city for other purposes not contrary to
government allow, provide for law, in order to promote the general
additional allowances and other welfare of the city and its
benefits to judges, prosecutors, inhabitants;
public elementary and high school
teachers, and other national (ii) Subject to the provisions of
government officials stationed in or Book II of this Code and applicable
assigned to the city; laws and upon the majority vote of
all the members of the sangguniang
(xii) Provide legal assistance to panlungsod, enact ordinances
barangay officials who, in the levying taxes, fees and charges,
performance of their official duties prescribing the rates thereof for
or on the occasion thereof, have to general and specific purposes, and
initiate judicial proceedings or granting tax exemptions, incentives
defend themselves against legal or reliefs;
action; and
(iii) Subject to the provisions of
(xiii) Provide for group insurance Book II of this Code and upon the
or additional insurance coverage for majority vote of all the members of
all barangay officials, including the sangguniang panlungsod,
members of barangay tanod authorize the city mayor to
brigades and other service units, negotiate and contract loans and
with public or private insurance other forms of indebtedness;
companies, when the finances of the
city government allow said (iv) Subject to the provisions of
coverage; Book II of this Code and applicable
laws and upon the majority vote of
(2) Generate and maximize the use all the members of the sangguniang
of resources and revenues for the panlungsod, enact ordinances
development plans, program authorizing the floating of bonds or
other instruments of indebtedness, or zones in accordance with the
for the purpose of raising funds to provisions of the Fire Code;
finance development projects;
(x) Subject to national law, process
(v) Appropriate funds for the and approve subdivision plans for
construction and maintenance or residential, commercial, or
the rental of buildings for the use of industrial purposes and other
the city; and, upon the majority development purposes, and to
vote of all the members of the collect processing fees and other
sangguniang panlungsod, authorize charges, the proceeds of which shall
the city mayor to lease to private accrue entirely to the city: Provided,
parties such public buildings held in however, That where approval of a
a proprietary capacity, subject to national agency or office is
existing laws, rules and regulations; required, said approval shall not be
withheld for more than thirty (30)
(vi) Prescribe reasonable limits and days from receipt of the application.
restraints on the use of property Failure to act on the application
within the jurisdiction of the city; within the period stated above shall
be deemed as approval thereof;
(vii) Adopt a comprehensive land
use plan for the city: Provided, That (xi) Subject to the provisions of
in the case of component cities, the Book II of this Code, grant the
formulation, adoption or exclusive privilege of constructing
modification of said plan shall be in fish corrals or fish pens, or the
coordination with the approved taking or catching of bangus fry,
provincial comprehensive land use prawn fry or kawag-kawag, or fry of
plan; any species or fish within the city
waters;
(viii) Reclassify land within the
jurisdiction of the city, subject to (xii) With the concurrence of at
the pertinent provisions of this least two-thirds (2/3) of all the
Code; members of the sangguniang
panlungsod, grant tax exemptions,
(ix) Enact integrated zoning incentives or reliefs to entities
ordinances in consonance with the engaged in community growth-
approved comprehensive land use inducing industries, subject to the
plan, subject to existing laws, rules provisions of Chapter 5, Title I,
and regulations; establish fire limits Book II of this Code;
or zones, particularly in populous
centers; and regulate the (xiii) Grant loans or provide grants
construction, repair or modification to other local government units or
of buildings within said fire limits to national, provincial, and city
charitable, benevolent or which the same may be leased to
educational institutions: Provided, private persons or entities,
That, said institutions are operated preferably cooperatives;
and maintained within the city;
(iv) Regulate the display of and fix
(xiv)Regulate the numbering of the license fees for signs,
residential, commercial and other signboards, or billboards at the
buildings; and, place or places where the profession
or business advertised thereby is, in
(xv) Regulate the inspection, whole or in part, conducted;
weighing and measuring of articles
of commerce. (v) Any law to the contrary
notwithstanding, authorize and
(3) Subject to the provisions of license the establishment,
Book II of this Code, enact operation, and maintenance of
ordinances granting franchises and cockpits, and regulate cockfighting
authorizing the issuance of permits and commercial breeding of
or licenses, upon such conditions gamecocks: Provided, That existing
and for such purposes intended to rights should not be prejudiced;
promote the general welfare of the
inhabitants of the city and pursuant (vi) Subject to the guidelines
to this legislative authority shall: prescribed by the Department of
Transportation and
(i) Fix and impose reasonable fees Communications, regulate the
and charges for all services operation of tricycles and grant
rendered by the city government to franchises for the operation thereof
private persons or entities; within the territorial jurisdiction of
the city;
(ii) Regulate or fix license fees for
any business or practice of (vii)Upon approval by a majority
profession within the city and the vote of all the members of the
conditions under which the license sangguniang panlungsod: grant a
for said business or practice of franchise to any person,
profession may be revoked and partnership, corporation, or
enact ordinances levying taxes cooperative to do business within
thereon; the city; establish, construct,
operate and maintain ferries,
(iii) Provide for and set the terms wharves, markets or
and conditions under which public slaughterhouses; or undertake such
utilities owned by the city shall be other activities within the city as
operated by the city government, may be allowed by existing laws:
and prescribe the conditions under Provided, That, cooperatives shall
be given preference in the grant of (vi) Regulate the establishment and
such a franchise. provide for the inspection of steam
boilers or any heating device in
(4) Regulate activities relative to buildings and the storage of
the use of land, buildings and inflammable and highly
structures within the city in order to combustible materials within the
promote the general welfare and for city;
said purpose shall:
(vii) Regulate the establishment,
(i) Declare, prevent or abate any operation, and maintenance of any
nuisance; entertainment or amusement
facilities, including theatrical
(ii) Require that buildings and the performances, circuses, billiard
premises thereof and any land pools, public dancing schools,
within the city be kept and public dance halls, sauna baths,
maintained in a sanitary condition; massage parlors, and other places
impose penalties for any violation for entertainment or amusement;
thereof; or, upon failure to comply regulate such other events or
with said requirement, have the activities for amusement or
work done at the expense of the entertainment, particularly those
owner, administrator or tenant which tend to disturb the
concerned; or require the filling up community or annoy the
of any land or premises to a grade inhabitants, or require the
necessary for proper sanitation; suspension or suppression of the
same; or, prohibit certain forms of
(iii) Regulate the disposal of amusement or entertainment in
clinical and other wastes from order to protect the social and
hospitals, clinics and other similar moral welfare of the community;
es ta bl is hm en ts ;
(viii)Provide for the impounding of
(iv) Regulate the establishment, stray animals; regulate the keeping
operation and cafes, restaurants, of animals in homes or as part of a
beerhouses, hotels, motels, inns, business, and the slaughter, sale or
pension houses, lodging houses, disposition of the same; and adopt
and other similar establishments, measures to prevent and penalize
including tourist guides and cruelty to animals; and,
transports;
(ix) Regulate the establishment,
(v) Regulate the sale, giving away operation and maintenance of
or dispensing of any intoxicating funeral parlors and the burial or
malt, vino, mixed or fermented cremation of the dead, subject to
liquors at any retail outlet; existing laws, rules and regulations.
(5) Approve ordinances which shall improvement, repair and
ensure the efficient and effective maintenance of the same; establish
delivery of the basic services and bus and vehicle stops and terminals
facilities as provided for under or regulate the use of the same by
Section 17 of this Code, and in privately-owned vehicles which
addition to said services and serve the public; regulate garages
facilities, shall: and the operation of conveyances
for hire; designate stands to be
(i) Provide for the establishment, occupied by public vehicles when
maintenance, protection, and not in use; regulate the putting up
conservation of communal forests of signs, signposts, awnings and
and water sheds, tree parks, awning posts on the streets; and
greenbelts, mangroves, and other provide for the lighting, cleaning
similar forest development projects; and sprinkling of streets and public
places;
(ii) Establish markets,
slaughterhouses or animal corrals (vi) Regulate traffic on all streets
and authorize the operation thereof and bridges; prohibit
by the city government; and encroachments or obstacles thereon
regulate the construction and and, when necessary in the interest
operation of private markets, of public welfare, authorize the
talipapas or other similar buildings removal of encroachments and
and structures; illegal constructions in public
places;
(iii)Authorize the establishment,
maintenance and operation by the (vii)Subject to existing laws,
city government of ferries, wharves, establish and provide for the
and other structures intended to maintenance, repair and operation
accelerate productivity related to of an efficient waterworks system to
marine and seashore or offshore supply water for the inhabitants
activities; and to purify the source of the water
supply; regulate the construction,
(iv) Regulate the preparation and maintenance, repair and use of
sale of meat, poultry, fish, hydrants, pumps, cisterns and
vegetables, fruits, fresh dairy reservoirs; protect the purity and
products, and other foodstuffs for quantity of the water supply of the
public consumption; city and, for this purpose, extend
the coverage of appropriate
(v) Regulate the use of streets, ordinances over all territory within
avenues, alleys, sidewalks, bridges, the drainage area of said water
parks and other public places and supply and within one hundred
approve the construction, (100) meters of the reservoir,
conduit, canal, aqueduct, pumping and similar post-secondary
station, or watershed used in institutions and, with the approval
connection with the water service; of the Department of Education,
and regulate the consumption, use Culture and Sports and subject to
or wastage of water and fix and existing law on tuition fees, fix and
collect charges therefor; collect reasonable tuition fees and
other school charges in educational
(viii) Regulate the drilling and institutions supported by the city
excavation of the ground for the government;
laying of water, gas, sewer, and
other pipes and the construction, (xi) Establish a scholarship fund
repair and maintenance of public for the poor but deserving students
drains, sewers, cesspools, tunnels in schools located within its
and similar structures; regulate the jurisdiction or for students residing
placing of poles and the use of within the city;
crosswalks, curbs, and gutters;
adopt measures to ensure public (xii) Approve measures and adopt
safety against open canals, quarantine regulations to prevent
manholes, live wires and other the introduction and spread of
similar hazards to life and property; diseases;
and regulate the construction and
use of private water closets, privies (xiii) Provide for an efficient and
and other similar structures in effective system of solid waste and
buildings and homes; garbage collection and disposal;
prohibit littering and the placing or
(ix) Regulate the placing, stringing, throwing of garbage, refuse and
attaching, installing, repair and other filth and wastes;
construction of all gas mains,
electric, telegraph and telephone (xiv) Provide for the care of
wires, conduits, meters and other disabled persons, paupers, the aged,
apparatus; and provide for the the sick, persons of unsound mind,
correction, condemnation or abandoned minors, juvenile
removal of the same when found to delinquents, drug dependents,
be dangerous, defective, or abused children and other needy
otherwise hazardous to the welfare and disadvantaged persons,
of the inhabitants; particularly children and youth
below eighteen (18) years of age;
(x) Subject to the availability of and, subject to availability of funds,
funds and to existing laws, rules establish and provide for the
and regulations, establish and operation of centers and facilities
provide for the operation of for said needy and disadvantaged
vocational and technical schools persons;
(xv) Establish and provide for the compensation corresponding to
maintenance and improvement of Salary Grade twenty-seven (27), as
jails and detention centers, institute prescribed under R.A. 6758 and the
a sound jail management, and implementing guidelines issued
appropriate funds for the pursuant thereto.
subsistence of detainees and
convicted prisoners in the city;
TITLE FOUR. - THE
(xvi) Establish a City council whose PROVINCE
purpose is the promotion of culture
and the arts, coordinate with CHAPTER 1 - ROLE AND
government agencies and non- CREATION OF THE
governmental organizations and, PROVINCE
subject to the availability of funds,
appropriate funds for the support SEC. 459. Role of the Province. -
and development of the same; and The province, composed of a cluster
of municipalities, or municipalities
(xvii) Establish a City council for and component cities, and as a
the elderly which shall formulate political and corporate unit of
policies and adopt measures government, serves as a dynamic
mutually beneficial to the elderly mechanism for developmental
and to the community; provide processes and effective governance
incentives for non-governmental of local government units within its
agencies and entities and, subject to territorial jurisdiction.
the availability of funds,
appropriate funds to support SEC. 460. Manner of Creation. - A
programs and projects for the province may be created, divided,
benefit of the elderly; and (6) merged, abolished, or its boundary
Exercise such other powers and substantially altered, only by an Act
perform such other duties and of Congress and subject to approval
functions as may be prescribed by by a majority of the votes cast in a
law or ordinance. plebiscite to be conducted by the
Comelec in the local government
(b) The members of the unit or units directly affected. The
sangguniang panlungsod of plebiscite shall be held within one
component cities shall receive a hundred twenty (120) days from the
minimum monthly compensation date of effectivity of said Act, unless
corresponding to Salary Grade otherwise provided therein.
twenty-five (25) and members of
the sangguniang panlungsod of SEC. 461. Requisites for Creation. -
highly- urbanized cities shall (a) A province may be created if it
receive a minimum monthly has an average annual income, as
certified by the Department of in the said subprovinces and the
Finance, of not less than Twenty original provinces directly affected.
million pesos (P=20,000,000.00) The plebiscite shall be conducted by
based on 1991 constant prices and the Comelec simultaneously with
either of the following requisites: the national elections following the
effectivity of this Code.
(i) a contiguous territory of at least
two thousand (2,000) square The new legislative districts created
kilometers, as certified by the Lands as a result of such conversion shall
Management Bureau; or, continue to be represented in
Congress by the duly-elected
(ii) a population of not less than representatives of the original
two hundred fifty thousand districts out of which said new
(250,000) inhabitants as certified provinces or districts were created
by the National Statistics Office: until their own representatives shall
have been elected in the next
Provided, That, the creation thereof regular congressional elections and
shall not reduce the land area, qualified.
population, and income of the
original unit or units at the time of The incumbent elected officials of
said creation to less than the the said sub- provinces converted
minimum requirements prescribed into regular provinces shall
herein. continue to hold office until June
30, 1992. Any vacancy occurring in
(b) The territory need not be the offices occupied by said
contiguous if it comprises two (2) or incumbent elected officials, or
more islands or is separated by a resulting from expiration of their
chartered city or cities which do not terms of office in case of a negative
contribute to the income of the vote in the plebiscite results, shall
province. be filled by appointment by the
President. The appointees shall
(c) The average annual income hold office until their successors
shall include the income accruing to shall have been elected in the
the general fund, exclusive of regular local elections following the
special funds, trust funds, transfers, plebiscite mentioned herein and
and non-recurring income. qualified. After effectivity of such
conversion, the President shall fill
SEC. 462. Existing Sub-Provinces. - up the position of governor of the
Existing sub- provinces are hereby newly-created province through
converted into regular provinces appointment if none has yet been
upon approval by a majority of the appointed to the same as
votes cast in a plebiscite to be held hereinbefore provided, and shall
also appoint a vice-governor and population officer, a provincial
the other members of the natural resources and environment
sangguniang panlalawigan, all of officer, a provincial cooperative
whom shall likewise hold office officer, a provincial architect, and a
until their successors shall have provincial information officer. The
been elected in the next regular appointment of a provincial
local elections and qualified. population officer shall be optional
in the province: Provided, however,
All qualified appointive officials That provinces which have existing
and employees in the career service population offices shall continue to
of the said subprovinces at the time maintain such offices for a period of
of their conversion into regular five (5) years from the date of the
provinces shall continue in office in effectivity of this Code, after which
accordance with civil service law, said offices shall become optional.
rules and regulations.
(c) The sangguniang panlalawigan
may:
CHAPTER 2 - PROVINCIAN
OFFICIALS IN GENERAL (1) Maintain existing offices not
mentioned in subsections (a) and
SEC. 463. Officials of the Provincial (b) hereof;
Government. - (a) There shall be in
each province a governor, avice- (2) Create such other offices as may
governor, members of the be necessary to carry out the
sangguniang panlalawigan, a purposes of the provincial
secretary to the sangguniang government; or
panlalawigan, a provincial
treasurer, a provincial assessor, a (3) Consolidate the functions of any
provincial accountant, a provincial office with those of another in the
engineer, a provincial budget interest of efficiency and economy;
officer, a provincial planning and
development coordinator, a (d) Unless otherwise provided
provincial legal officer, a provincial herein, heads of departments and
administrator, a provincial health offices shall be appointed by the
officer, a provincial social welfare governor with the concurrence of
and development officer, a the majority of all the sangguniang
provincial general services officer, a panlalawigan members, subject to
provincial agriculturist, and a civil service law, rules and
provincial veterinarian. regulations. The sangguniang
panlalawigan shall act on the
(b) In addition thereto, the appointment within fifteen (15)
governor may appoint a provincial days from the date of its
submission; otherwise the same SEC. 465. The Chief Executive:
shall be deemed confirmed; Powers, Duties, Functions, and
Compensation. - (a) The provincial
(e) Elective and appointive governor, as the chief executive of
provincial officials shall receive the provincial government, shall
such compensation, allowances, exercise such powers and perform
and other emoluments as may be such duties and functions as
determined by law or ordinance, provided by this Code and other
subject to the budgetary limitations laws.
on personal services prescribed
under Title Five, Book II of this (b) For efficient, effective and
Code: Provided, That, no increase in economical governance the purpose
compensation shall take effect until of which is the general welfare of
after the expiration of the full term the province and its inhabitants
of all the elective officials approving pursuant to Section 16 of this Code,
such increase. the provincial governor shall:
(viii) Determine the time, manner (xiii) Visit component cities and
and place of payment of salaries or municipalities of the province at
wages of the officials and employees least once every six (6) months to
deepen his understanding of while stationed in or assigned to the
problems and conditions, listen and province;
give appropriate counsel to local
officials and inhabitants, inform the (xvii) Authorize payment for
officials and inhabitants of medical care, necessary
component cities and municipalities transportation, subsistence,
of general laws and ordinances hospital or medical fees of
which especially concern them, and provincial officials and employees
otherwise conduct visits and who are injured while in the
inspections to ensure that the performance of their official duties
governance of the province will and functions, subject to availability
improve the quality of life of the of funds;
inhabitants;
(xviii) Represent the province in
(xiv) Act on leave applications of inter-provincial or regional sports
officials and employees appointed councils or committees, and
by him and the commutation of the coordinate the efforts of component
monetary value of leave credits in cities or municipalities in the
accordance with law; regional or national palaro or sports
development activities;
(xv) Authorize official trips of
provincial officials and employees (xix) Conduct an annual palarong
outside of the province for a period panlalawigan, which shall feature
not exceeding thirty (30) days; traditional sports and disciplines
included in national and
(xvi) Call upon any national official international games, in
or employee stationed in or coordination with the Department
assigned to the province to advise of Education, Culture and Sports;
him on matters affecting the and,
province and to make
recommendations thereon; (xx) Submit to the Office of the
coordinate with said official or President the following reports: an
employee in the formulation and annual report containing a
implementation of plans, programs summary of all matters pertinent to
and projects; and when the management, administration
appropriate, initiate an and development of the province
administrative or judicial action and all information and data
against a national government relative to its political, social and
official or employee who may have economic conditions; and
committed an offense in the supplemental reports when
performance of his official duties unexpected events and situations
arise at any time during the year,
particularly when man-made or (iv) Be entitled to carry the
natural disasters or calamities affect necessary firearm within his
the general welfare of the province, territorial jurisdiction;
region or country;
(v) In coordination with the mayors
(2) Enforce all laws and ordinances of component cities and
relative to the governance of the municipalities and the National
province and the exercise of the Police Commission, formulate the
appropriate corporate powers peace and order plan of the
provided for under Section 22 of province and upon its approval,
this Code, implement all approved implement the same in accordance
policies, programs, projects, with R.A. No. 6975;
services and activities of the
province and, in addition to the (vi) Call upon the appropriate
foregoing, shall: national law enforcement agencies
to suppress disorder, riot, lawless
(i) Ensure that the acts of the violence, rebellion or sedition or to
component cities and municipalities apprehend violators of the law
of the province and of its officials when public interest so requires
and employees are within the scope and the police forces of the
of their prescribed powers, duties component city or municipality
and functions; where the disorder or violation is
happening are inadequate to cope
(ii) Call conventions, conferences, with the situation or the violators;
seminars, or meetings of any
elective and appointive officials of (3) Initiate and maximize the
the province and its component generation of resources and
cities and municipalities, including revenues, and apply the same to the
national officials and employees implementation of development
stationed in or assigned to the plans, program objectives and
province, at such time and place priorities as provided for under
and on such subject as he may deem Section 18 of this Code, particularly
important for the promotion of the those resources and revenues
general welfare of the province and programmed for agro-industrial
its inhabitants; development and country-wide
growth and progress and, relative
(iii) Issue such executive orders for thereto, shall:
the faithful and appropriate
enforcement and execution of laws (i) Require each head of an office or
and ordinances; department to prepare and submit
an estimate of appropriations for
the ensuing calendar year, in
accordance with the budget ordinances in the collection of
preparation process under Title taxes, fees or charges, and for the
Five, Book II of this Code; (ii) recovery of funds and property; and
Prepare and submit to the cause the province to be defended
sanggunian for approval the against all suits to ensure that its
executive and supplemental interests, resources and rights shall
budgets of the province for the be adequately protected.
ensuing calendar year in the
manner provided for under Title (4) Ensure the delivery of basic
Five, Book II of this Code; services and the provision of
adequate facilities as provided for
(iii) Ensure that all taxes and other under Section 17 of this Code, and
revenues of the province are in addition thereto, shall:
collected, and that provincial funds
are applied to the payment of (i) Ensure that the construction
expenses and settlement of and repair of roads and highways
obligations of the province, in funded by the national government
accordance with law or ordinance; shall be, as far as practicable,
carried out in a spatially contiguous
(iv) Issue licenses and permits and manner and in coordination with
suspend or revoke the same for any the construction and repair of the
violation of the conditions upon roads and bridges of the province
which said licenses or permits had and of its component cities and
been issued, pursuant to law or municipalities; and,
ordinance;
(ii) Coordinate the implementation
(v) Adopt adequate measures to of technical services by national
safeguard and conserve land, offices for the province and its
mineral, marine, forest and other component cities and
resources of the province, in municipalities, including public
coordination with the mayors of works and infrastructure programs
component cities and of the provincial government and its
municipalities; provide efficient and component cities and
effective property and supply municipalities;
management in the province; and
protect the funds, credits, rights, (5) Exercise such other powers and
and other properties of the perform such other duties and
province; and; functions as may be prescribed by
law or ordinance.
(vi) Institute or cause to be
instituted administrative or judicial (c) The provincial governor shall
proceedings for violation of receive a minimum monthly
compensation corresponding to (5) Exercise such other powers and
Salary Grade thirty (30) prescribed perform such other duties and
under R.A. No. 6758 and the functions as may be prescribed by
implementing guidelines issued law or ordinance.
pursuant thereto.
(b) The vice-governor shall receive
a monthly compensation
Article Two. - The Provincial corresponding to Salary Grade
Vice-Governor twenty-eight (28) as prescribed
under R.A. No. 6758 and the
SEC. 466. Powers, Duties, and implementing guidelines issued
Compensation. - (a) The vice- pursuant thereto.
governorshall:
(vi) Protect the environment and (x) Provide a mechanism and the
impose appropriate penalties for appropriate funds therefor, to
acts which endanger the ensure the safety and protection of
environment, such as dynamite all provincial government property,
fishing and other forms of public documents, or records such
destructive fishing, illegal logging as those relating to property
and smuggling of logs, smuggling of inventory, land ownership, records
natural resources products and of of births, marriages, deaths,
endangered species of flora and assessments, taxation, accounts,
fauna, slash and burn farming, and business permits, and such other
such other activities which result in records and documents of public
pollution, acceleration of interest in the offices and
eutrophication of rivers and lakes, departments of the provincial
or of ecological imbalance; government; and
(v) Appropriate funds for the (i) Fix and impose reasonable fees
construction and maintenance or and charges for all services
the rental of buildings for the use of rendered by the provincial
the province; and upon the majority
government to private persons or school charges in educational
entities; and institutions supported by the
provincial government;
(ii) Regulate and fix the license fees
for such activities as provided for (iv) Establish a scholarship fund
under this Code. for the poor but deserving students
in schools located within its
(4) Approve ordinances which shall jurisdiction or for students residing
ensure the efficient and effective within the province;
delivery of the basic services and
facilities as provided for under (v) Approve measures and adopt
Section 17 of this Code, and, in quarantine regulations to prevent
addition to said services and the introduction and spread of
facilities, shall: diseases within its territorial
jurisdiction;
(i) Adopt measures and safeguards
against pollution and for the (vi) Provide for the care of paupers,
preservation of the natural the aged, the sick, persons of
ecosystem in the province, in unsound mind, abandoned minors,
consonance with approved abused children, disabled persons,
standards on human settlements juvenile delinquents, drug
and environmental sanitation; dependents, and other needy and
disadvantaged persons, particularly
(ii) Subject to applicable laws, children and youth below eighteen
facilitate or provide for the (18) years of age; subject to
establishment and maintenance of a availability of funds, establish and
waterworks system or district support the operation of centers
waterworks for supplying water to and facilities for said needy and
inhabitants of component cities and disadvantaged persons; and
municipalities; facilitate efforts to promote the
welfare of families below the
(iii) Subject to the availability of poverty threshold, the
funds and to existing laws, rules disadvantaged, and the exploited;
and regulations, provide for the
establishment and operation of (vii) Establish and provide for the
vocational and technical schools maintenance and improvement of
and similar post-secondary jails and detention centers, institute
institutions; and, with the approval a sound jail management program,
of the Department of Education, and appropriate funds for the
Culture and Sports and subject to subsistence of detainees and
existing laws on tuition fees, fix convicted prisoners in the province;
reasonable tuition fees and other
(viii) Establish a provincial council Article One. - Secretary to the
whose purpose is the promotion of Sanggunian
culture and the arts, coordinate
with government agencies and non- SEC. 469. Qualifications, Powers
governmental organizations and, and Duties. - (a) There shall be a
subject to the availability of funds, secretary to the sanggunian who
appropriate funds for the support shall be a career official with the
and development of the same; rank and salary equal to a head of
department or office.
(ix) Establish a provincial council
for the elderly which shall formulate (b) No person shall be appointed
policies and adopt measures secretary to the sanggunian unless
mutually beneficial to the elderly he is a citizen of the Philippines, a
and to the province; and subject to resident of the local government
the availability of funds, unit concerned, of good moral
appropriate funds to support character, a holder of a college
programs and projects for the degree preferably in law, commerce
elderly; and provide incentives for or public administration from a
non- governmental agencies and recognized college or university,
entities to support the programs and a first grade civil service eligible
and projects of the elderly; and or its equivalent. The appointment
of a secretary to the sanggunian is
(5) Exercise such other powers and mandatory for provincial, city and
perform such other duties and municipal governments.
functions as may be prescribed by
law or ordinance. (c) The secretary to the sanggunian
shall take charge of the office of the
(b) The members of the secretary to the sanggunian and
sangguniang panlalawigan shall shall:
receive a minimum monthly
compensation corresponding to (1) Attend meetings of the
Salary Grade twenty-seven (27) as sanggunian and keep a journal of its
prescribed under R.A. 6758 and the proceedings;
implementing guidelines issued
pursuant thereto. (2) Keep the seal of the local
government unit and affix the same
with his signature to all ordinances,
TITLE FIVE. - APPOINTIVE resolutions, and other official acts
LOCAL OFFICIALS COMMON of the sanggunian and present the
TO ALL MUNICIPALITIES, same to the presiding officer for his
CITIES AND PROVINCES signature;
(3) Forward to the governor or and cause the publication of the
mayor, as the case may be, for same together with the original
approval, copies of ordinances version in the manner provided
enacted by the sanggunian and duly under this Code; and
certified by the presiding officer, in
the manner provided in Section 54 (9) Take custody of the local
under Book I of this Code; archives and, where applicable, the
local library and annually account
(4) Forward to the sanggunian for the same; and
panlungsod or bayan concerned, in
the case of the sangguniang (d) Exercise such other powers and
barangay, and to the sangguniang perform such other duties and
panlalawigan concerned, in the case functions as may be prescribed by
of the sangguniang panlungsod of law or ordinance relative to his
component cities or sangguniang position.
bayan, copies of duly approved
ordinances, in the manner provided
in Sections 56 and 57 under Book I Article Two . - The Treasurer
of this Code;
SEC. 470. Appointment,
(5) Furnish, upon request of any Qualifications, Powers, and
interested party, certified copies of Duties.- (a) The treasurer shall be
records of public character in his appointed by the Secretary of
custody, upon payment to the Finance from a list of at least three
treasurer of such fees as may be (3) ranking, eligible recommendees
prescribed by ordinance; of the governor or mayor, as the
case may be, subject to civil service
(6) Record in a book kept for the law, rules and regulations.
purpose, all ordinances and
resolutions enacted or adopted by (b) The treasurer shall be under the
the sanggunian, with the dates of administrative supervision of the
passage and publication thereof; governor or mayor, as the case may
be, to whom he shall report
(7) Keep his office and all non- regularly on the tax collection
confidential records therein open to efforts in the local government unit;
the public during the usual business
hours; (c) No person shall be appointed
treasurer unless he is a citizen of
(8) Translate into the dialect used the Philippines, a resident of the
by the majority of the inhabitants local government unit concerned, of
all ordinances and resolutions good moral character, a holder of a
immediately after their approval, college degree preferably in
commerce, public administration or jurisdiction of the local government
law from a recognized college or unit concerned in relation to the
university, and a first grade civil implementation of tax ordinances,
service eligible or its equivalent. He pursuant to the provisions under
must have acquired experience in Book II of this Code;
treasury or accounting service for at
least five (5) years in the case of the (5) Maintain and update the tax
city or provincial treasurer, and information system of the local
three (3) years in the case of the government unit;
municipal treasurer. The
appointment of a treasurer shall be (6) In the case of the provincial
mandatory for provincial, city and treasurer, exercise technical
municipal governments; supervision over all treasury offices
of component cities and
(d) The treasurer shall take charge municipalities; and
of the treasury office, perform the
duties provided for under Book II of (e) Exercise such other powers and
this Code, and shall: perform such other duties and
functions as may be prescribed by
(1) Advise the governor or mayor, law or ordinance.
as the case may be, the sanggunian,
and other local government and SEC. 471. Assistant Treasurer. - (a)
national officials concerned An assistant treasurer may be
regarding disposition of local appointed by the Secretary of
government funds, and on such Finance from a list of at least three
other matters relative to public (3) ranking, eligible recommendees
finance; of the governor or mayor, subject to
civil service law, rules and
(2) Take custody of and exercise regulations.
proper management of the funds of
the local government unit (b) No person shall be appointed
concerned; assistant treasurer unless he is a
citizen of the Philippines, a resident
(3) Take charge of the of the local government unit
disbursement of all local concerned, of good moral character,
government funds and such other a holder of a college degree
funds the custody of which may be preferably in commerce, public
entrusted to him by law or other administration, or law from a
competent authority; recognized college or university,
and a first grade civil service eligible
(4) Inspect private commercial and or its equivalent. He must have
industrial establishments within the acquired at least five (5) years
experience in the treasury or case of the city or provincial
accounting service in the case of the assessor, and three (3) years in the
city or provincialassistant treasurer, case of the municipal assessor. The
and three (3) years in the case of the appointment of an assessor shall be
municipal assistant treasurer. The mandatory for provincial, city and
appointment of an assistant municipal governments.
treasurer shall be optional for
provincial, city and municipal (b) The assessor shall take charge
governments; of the assessor's office, perform the
duties provided for under Book II of
(c) The assistant treasurer shall this Code, and shall:
assist the treasurer and perform
such duties as the latter may assign (1) Ensure that all laws and policies
to him. He shall have authority to governing the appraisal and
administer oaths concerning notices assessment of real properties for
and notifications to those taxation purposes are properly
delinquent in the payment of the executed;
real property tax and concerning
official matters relating to the (2) Initiate, review, and
accounts of the treasurer or recommend changes in policies and
otherwise arising in the offices of objectives, plans and programs,
the treasurer and the assessor. techniques, procedures and
practices in the valuation and
assessment of real properties for
Article Three. - The Assessor taxation purposes;
(1) Formulate measures for the (iii) Assist the governor or mayor,
approval of the sanggunian and as the case may be, in implementing
provide technical assistance and the barangay level program for the
support to the governor or mayor, total development and protection of
as the case may be, in carrying out children up to six (6) years of age;
measures to ensure the delivery of
basic services and provision of
(iv) Facilitate the implementation (c) Exercise such other powers and
of welfare programs for the perform such other duties and
disabled, elderly, and victims of functions as may be prescribed by
drug addiction, the rehabilitation of law or ordinance.
prisoners and parolees, the
prevention of juvenile delinquency
and such other activities which Article Fourteen. - The
would eliminate or minimize the ill- Environment and Natural
effects of poverty; Resources Officer
(b) The architect shall take charge (ii) Review and recommend for
of the office on architectural appropriate action of the
planning and design and shall: sanggunian, governor or mayor, as
the case may be, the architectural
(1) Formulate measures for the plans and design submitted by
consideration of the sanggunian governmental and non-
and provide technical assistance governmental entities or
and support to the governor or individuals, particularly those for
mayor, as the case may be, in undeveloped, underdeveloped, and
carrying out measures to ensure the poorly-designed areas; and
delivery of basic services and
(iii) Coordinate with government Philippines, a resident of the local
and non-government entities and government unit concerned, of good
individuals involved in the moral character, a holder of a
aesthetics and the maximum college degree preferably in
utilization of the land and water journalism, mass communication or
within the jurisdiction of the local any related course from a
government unit, compatible with recognized college or university,
environmental integrity and and a first grade civil service eligible
ecological balance. or its equivalent. He must have
experience in writing articles and
(4) Be in the frontline of the research papers, or in writing for
delivery of services involving print, television or broadcast media
architectural planning and design, of at least three (3) years in the case
particularly those related to the of the provincial or city information
redesigning of spatial distribution officer, and at least one (1) year in
of basic facilities and physical the case of municipal information
structures during and in the officer. The appointment of the
aftermath of man-made and natural information officer is optional for
calamities and disasters; the provincial, city and municipal
governments. The term of the
(5) Recommend to the sanggunian information officer is co-terminous
and advise the governor or mayor, with that of his appointing
as the case may be, on all other authority.
matters relative to the architectural
planning and design as it relates to (b) The information officer shall
the total socioeconomic take charge of the office on public
development of the local information and shall:
government unit; and
(1) Formulate measures for the
(c) Exercise such other powers and consideration of the sanggunian
perform such other duties and and provide technical assistance
functions as may be prescribed by and support to the governor or
law or ordinance. mayor, as the case may be, in
providing the information and
research data required for the
Article Sixteen. - The delivery of basic services and
Information Officer provision of adequate facilities so
that the public becomes aware of
SEC. 486. Qualifications, Powers said services and may fully avail of
and Duties. - (a) No person shall be the same;
appointed information officer
unless he is a citizen of the
(2) Develop plans and strategies thereof, to help minimize injuries
and, upon approval thereof by the and casualties during and after the
governor or mayor, as the case may emergency, and to accelerate relief
be, implement the same, and rehabilitation;
particularly those which have to do
with public information and (5) Recommend to the sanggunian
research data to support programs and advise the governor or mayor,
and projects which the governor or as the case may be, on all other
mayor is empowered to implement matters relative to public
and which the sanggunian is information and research data as it
empowered to provide for under relates to the total socioeconomic
this Code; development of the local
government unit; and
(3) In addition to the foregoing
duties and functions, the (c) Exercise such other powers and
information officer shall: perform such other duties and
functions as may be prescribed by
(i) Provide relevant, adequate, and law or ordinance.
timely information to the local
government unit and its residents;
Article Seventeen. - The
(ii) Furnish information and data Cooperatives Officer
on local government units to
government agencies or offices as SEC. 487. Qualifications, Powers
may be required by law or and Duties. - (a) No person shall be
ordinance; and non-governmental appointed cooperative officer unless
organizations to be furnished to he is a citizen of the Philippines, a
said agencies and organizations; resident of the local government
unit concerned, of good moral
(iii) Maintain effective liaison with character, a holder of a college
the various sectors of the degree preferably in business
community on matters and issues administration with special training
that affect the livelihood and the in cooperatives or any related
quality of life of the inhabitants and course from a recognized college or
encourage support for programs of university, and a first grade civil
the local and national government; service eligible or its equivalent. He
must have experience in
(4) Be in the frontline in providing cooperatives organization and
information during and in the management of at least five (5)
aftermath of manmade and natural years in the case of the provincial or
calamities and disasters, with city cooperatives officer, and three
special attention to the victims (3) years in the case of municipal
cooperatives officer. The (ii) Provide technical and other
appointment of the cooperatives forms of assistance to existing
officer is optional for the provincial cooperatives to enhance their
and city governments. viability as an economic enterprise
and social organization;
(b) The cooperatives officer shall
take charge of the office for the (iii) Assist cooperatives in
development of cooperatives and establishing linkages with
shall: government agencies and non-
government organizations involved
(1) Formulate measures for the in the promotion and integration of
consideration of the sanggunian, the concept of cooperatives in the
and provide technical assistance livelihood of the people and other
and support to the governor or community activities;
mayor, as the case may be, in
carrying out measures to ensure the (4) Be in the frontline of
delivery of basic services and cooperatives organization,
provision of facilities through the rehabilitation or viability-
development of cooperatives, and in enhancement, particularly during
providing access to such services and in the aftermath of man-made
and facilities; and natural calamities and
disasters, to aid in their survival
(2) Develop plans and strategies and, if necessary subsequent
and, upon approval thereof by the rehabilitation;
governor or mayor, as the case may
be, implement the same, (5) Recommend to the sanggunian,
particularly those which have to do and advise the governor or mayor,
with the integration of cooperatives as the case may be, on all other
principles and methods in programs matters relative to cooperatives
and projects which the governor or development and viability-
mayor is empowered to implement enhancement which will improve
and which the sanggunian is the livelihood and quality of life of
empowered to provide for under the inhabitants; and
this Code;
(c) Exercise such other powers and
(3) In addition to the foregoing perform such other duties and
duties and functions, the functions as may be prescribed by
cooperatives officer shall: law or ordinance.
(c) Adopt measures for the SEC. 505. Funding. (a) All leagues
promotion of the welfare of all shall derive its funds from
provinces and its officials and contributions of member local
employees; government units and from fund-
raising projects and activities
(d) Encourage peoples without the necessity of securing
participation in local government permits therefor: Provided, That the
administration in order to promote proceeds from said fund-raising
united and concerted action for the projects and activities shall be used
attainment of countrywide primarily to fund the projects for
development goals; which the said proceeds have been
raised, subject to the pertinent
(e) Supplement the efforts of the provision of this Code and the
national government in creating pertinent provisions of the
opportunities for gainful Omnibus Election Code.
employment within the province;
(b) All funds of leagues shall be
(f) Give priority to programs deposited as trust funds with its
designed for the total development treasurer and shall be disbursed in
of the provinces in consonance with accordance with the board of
the policies, programs and projects director's resolutions, subject to
of thenational government; pertinent accounting and auditing
rules and regulations: Provided,
(g) Serve as a forum for That the treasurer shall be bonded
crystallizing and expressing ideas, in an amount to be determined by
seeking the necessary assistance of the board of directors. The funds of
the national government and a chapter shall be deposited as
providing the private sector avenues chapter funds and funds of the
for cooperation in the promotion of national league shall be deposited
the welfare of the provinces; and as national funds.
(h) Exercise such other powers and SEC. 506. Organizational
perform such other duties and Structure. - To ensure the effective
functions as the league may and efficient administration, the
prescribe for the welfare of the leagues for municipalities, cities
provinces and metropolitan and provinces shall elect chapter-
political subdivisions. level and national-level boards of
directors and a set of officers
headed by the president. A
secretary-general shall be chosen provinces, and other elective local
from among the national league officials of local government units,
members to manage the day to day including those of the Metropolitan
operation and activities of the Manila area and any metropolitan
national league. The board of political subdivisions, may form
directors on the chapter or national their respective leagues or
level may create such other federation, subject to applicable
positions as may be deemed provisions of this Title and
necessary for the management of pertinent provisions of this Code;
the chapters and of the national
league. The national board of (b) Sanggunian members of
directors of the leagues for component cities and municipalities
municipalities, cities or provinces shall form a provincial federation
shall coordinate programs, projects and elect a board of directors and a
and activities of chapter and the set of officers headed by the
national-level league. president. The duly elected
president of the provincial
SEC. 507.- Constitution and By- federation of sanggunian members
laws of the Liga and the Leagues. - of component cities and
All other matters not herein municipalities shall be an ex-officio
otherwise provided for affecting the member of the sangguniang
internal organization of the leagues panlalawigan concerned and shall
of local government units shall be serve as such only during his term
governed by their respective of office as president of the
constitution and by-laws which are provincial federation of sanggunian
hereby made suppletory to the members of component cities and
provision of this Chapter: Provided, municipalities, which in no case
That said Constitution and By-laws shall be beyond the term of office of
shall always conform to the the sanggunian panlalawigan
provisions of the Constitution and concerned.
existing laws.
SEC. 509. Constitution and By-
laws. - The leagues or federations
CHAPTER 2 - LEAGUES AND shall adopt a Constitution and by-
FEDERATIONS OF LOCAL laws which shall govern their
ELECTIVE OFFICIALS internal organization and
operation: Provided, That said
SEC. 508. - Organization - (a) Vice- Constitution and by-laws shall
governor, vice-mayors, sanggunian always conform to the provision of
members of barangays, the Constitution and existing laws.
municipalities, component cities,
highly-urbanized cities and
SEC. 510. Funding. - The leagues
and federations may derive their
funds from contributions of THE LOCAL
individual league or federation
members or from fund-raising GOVERNMENT CODE
projects or activities. The local
government unit concerned may
OF THE PHILIPPINES
appropriate funds to support the
leagues or federation organized
BOOK IV
pursuant to this Section, subject to
the availability of funds. MISCELLANEOUS AND FINAL
PROVISIONS