Академический Документы
Профессиональный Документы
Культура Документы
Section 3. The Congress shall enact a local government code LOCAL GOVERNMENT CODE OF 1991
which shall provide for a more responsive and accountable
local government structure instituted through a system of TITLE I
decentralization with effective mechanisms of recall, initiative, BASIC PRINCIPLES
and referendum, allocate among the different local
government units their powers, responsibilities, and
resources, and provide for the qualifications, election, Section 1. Title. - This Act shall be known and cited as
appointment and removal, term, salaries, powers and the "Local Government Code of 1991".
functions and duties of local officials, and all other matters
relating to the organization and operation of the local units.
Section 2. Declaration of Policy. -
Section 11. The Congress may, by law, create special (b) There shall be established in every local
metropolitan political subdivisions, subject to a plebiscite as government unit an accountable, efficient, and
set forth in Section 10 hereof. The component cities and dynamic organizational structure and operating
municipalities shall retain their basic autonomy and shall be mechanism that will meet the priority needs and
entitled to their own local executive and legislative service requirements of its communities;
assemblies. The jurisdiction of the metropolitan authority that
will thereby be created shall be limited to basic services
requiring coordination. (c) Subject to civil service law, rules and regulations,
local officials and employees paid wholly or mainly
Section 12. Cities that are highly urbanized, as determined from local funds shall be appointed or removed,
by law, and component cities whose charters prohibit their according to merit and fitness, by the appropriate
voters from voting for provincial elective officials, shall be appointing authority;
independent of the province. The voters of component cities
within a province, whose charters contain no such prohibition,
shall not be deprived of their right to vote for elective (d) The vesting of duty, responsibility, and
provincial officials. accountability in local government units shall be
accompanied with provision for reasonably adequate
resources to discharge their powers and effectively
carry out their functions: hence, they shall have the government unit enacting it, and liberally in favor of
power to create and broaden their own sources of the taxpayer. Any tax exemption, incentive or relief
revenue and the right to a just share in national granted by any local government unit pursuant to
taxes and an equitable share in the proceeds of the the provisions of this Code shall be construed strictly
utilization and development of the national wealth against the person claiming it.
within their respective areas;
(c) The general welfare provisions in this Code shall
(e) Provinces with respect to component cities and be liberally interpreted to give more powers to local
municipalities, and cities and municipalities with government units in accelerating economic
respect to component barangays, shall ensure that development and upgrading the quality of life for the
the acts of their component units are within the people in the community;
scope of their prescribed powers and functions;
(d) Rights and obligations existing on the date of
(f) Local government units may group themselves, effectivity of this Code and arising out of contracts or
consolidate or coordinate their efforts, services, and any other source of presentation involving a local
resources commonly beneficial to them; government unit shall be governed by the original
terms and conditions of said contracts or the law in
(g) The capabilities of local government units, force at the time such rights were vested; and
especially the municipalities and barangays, shall be
enhanced by providing them with opportunities to (e) In the resolution of controversies arising under
participate actively in the implementation of national this Code where no legal provision or jurisprudence
programs and projects; applies, resort may be had to the customs and
traditions in the place where the controversies take
(h) There shall be a continuing mechanism to place.
enhance local autonomy not only by legislative
enabling acts but also by administrative and
organizational reforms;
CHAPTER II
General Powers and Attributes of Local Government
(i) Local government units shall share with the
Units
national government the responsibility in the
management and maintenance of ecological balance
within their territorial jurisdiction, subject to the Section 6. Authority to Create Local Government Units. - A
provisions of this Code and national policies; local government unit may be created, divided, merged,
abolished, or its boundaries substantially altered either by law
enacted by Congress in the case of a province, city,
(j) Effective mechanisms for ensuring the
municipality, or any other political subdivision, or by
accountability of local government units to their
ordinance passed by the sangguniang panlalawigan or
respective constituents shall be strengthened in
sangguniang panlungsod concerned in the case of a barangay
order to upgrade continually the quality of local
located within its territorial jurisdiction, subject to such
leadership;
limitations and requirements prescribed in this Code.
The income classification of local government units shall be (b) The territorial jurisdiction of the new barangay
updated within six (6) months from the effectivity of this Code shall be properly identified by metes and bounds or
to reflect the changes in their financial position resulting from by more or less permanent natural boundaries. The
the increased revenues as provided herein. territory need not be contiguous if it comprises two
(2) or more islands.
Section 9. Abolition of Local Government Units. - A local
government unit may be abolished when its income, (c) The governor or city mayor may prepare a
population, or land area has been irreversibly reduced to less consolidation plan for barangays, based on the
than the minimum standards prescribed for its creation under criteria prescribed in this Section, within his territorial
Book III of this Code, as certified by the national agencies jurisdiction. The plan shall be submitted to the
mentioned in Section 7 hereof to Congress or to the sangguniang panlalawigan or sangguniang
sangguniang concerned, as the case may be. panlungsod concerned for appropriate action.
The law or ordinance abolishing a local government unit shall In the case of municipalities within the Metropolitan
specify the province, city, municipality, or barangay with Manila Area and other metropolitan political
which the local government unit sought to be abolished will be subdivisions, the barangay consolidation plan shall
incorporated or merged. be prepared and approved by the sangguniang
bayan concerned.
Section 10. Plebiscite Requirement. - No creation, division,
merger, abolition, or substantial alteration of boundaries of TITLE II
local government units shall take effect unless approved by a THE MUNICIPALITY
majority of the votes cast in a plebiscite called for the purpose
in the political unit or units directly affected. Said plebiscite CHAPTER I
shall be conducted by the Commission on Elections Role and Creation of the Municipality
(COMELEC) within one hundred twenty (120) days from the
date of effectivity of the law or ordinance effecting such
Section 440. Role of the Municipality. - The municipality,
action, unless said law or ordinance fixes another date.
consisting of a group of barangays, serves primarily as a
general purpose government for the coordination and delivery
BOOK III of basic, regular and direct services and effective governance
LOCAL GOVERNMENT UNITS of the inhabitants within its territorial jurisdiction.
Section 386. Requisites for Creation. - (b) The territorial jurisdiction of a newly-created
municipality shall be properly identified by metes
(a) A barangay may be created out of a contiguous and bounds. The requirement on land area shall not
territory which has a population of at least two apply where the municipality proposed to be created
thousand (2,000) inhabitants as certified by the is composed of one (1) or more islands. The territory
National Statistics Office except in cities and need not be contiguous if it comprises two (2) or
municipalities within Metro Manila and other more islands.
metropolitan political subdivisions or in highly
urbanized cities where such territory shall have a (c) The average annual income shall include the
certified population of at least five thousand (5,000) income accruing to the general fund of the
inhabitants: Provided, That the creation thereof shall municipality concerned, exclusive of special funds,
not reduce the population of the original barangay or transfers and non-recurring income.
barangays to less than the minimum requirement
prescribed herein.
(d) Municipalities existing as of the date of the Section 452. Highly Urbanized Cities.
effectivity of this Code shall continue to exist and
operate as such. Existing municipal districts (a) Cities with a minimum population of two hundred
organized pursuant to presidential issuances or thousand (200,000) inhabitants as certified by the
executive orders and which have their respective set National Statistics Office, and within the latest annual
of elective municipal officials holding office at the income of at least Fifty Million Pesos
time of the effectivity of this Code shall henceforth (P50,000,000.00) based on 1991 constant prices, as
be considered as regular municipalities. certified by the city treasurer, shall be classified as
highly urbanized cities.
TITLE III
THE CITY (b) Cities which do not meet above requirements
shall be considered component cities of the province
CHAPTER I in which they are geographically located. If a
Role and Creation of the City component city is located within the boundaries of
two (2) or more provinces, such city shall be
Section 448. Role of the City. - The city, consisting of more considered a component of the province of which it
urbanized and developed barangays. serves as a general used to be a municipality.
purpose government for the coordination and delivery of
basic, regular, and direct services and effective governance of (c) Qualified voters of highly urbanized cities shall
the inhabitants within its territorial jurisdiction. remain excluded from voting for elective provincial
officials.
Section 449. Manner of Creation. - A city may be created,
divided, merged, abolished, or its boundary substantially Unless otherwise provided in the Constitution or this
altered, only by an Act of Congress, and subject to approval Code, qualified voters of independent component
by a majority of the votes cast in a plebiscite to be conducted cities shall be governed by their respective charters,
by the COMELEC in the local government unit or units directly as amended, on the participation of voters in
affected. Except as may otherwise be provided in such Act. provincial elections.
the plebiscite shall be held within one hundred twenty (120)
days from the date of its effectivity. Qualified voters of cities who acquired the right to
vote for elective provincial officials prior to the
Section 450. Requisites for Creation. classification of said cities as highly-urbanized after
the ratification of the Constitution and before the
(a) A municipality or a cluster of barangays may be effectivity of this Code, shall continue to exercise
converted into a component city if it has an average such right.
annual income, as certified by the Department of
Finance, of at least Twenty million (P20,000,000.00) Section 453. Duty to Declare Highly Urbanized Status. - It
for the last two (2) consecutive years based on 1991 shall be the duty of the President to declare a city as highly
constant prices, and if it has either of the following urbanized within thirty (30) days after it shall have met the
requisites: minimum requirements prescribed in the immediately
preceding section, upon proper application therefor and
(i) a contiguous territory of at least one ratification in a plebiscite by the qualified voters therein.
hundred (100) square kilometers, as
certified by the Lands Management Bureau; TITLE IV
or THE PROVINCE
component cities whose charters prohibit their voters from (i) a contiguous territory of at least two
voting for provincial elective officials. Independent component thousand (2,000) square kilometers, as
cities shall be independent of the province. Independent certified by the Lands Management Bureau;
component cities are those or
(ii) a population of not less than two transportation of passengers or freight by hire and
hundred fifty thousand (250,000) common carriers by air, land or water, except as
inhabitants as certified by the National provided in this Code;
Statistics Office:
(k) Taxes on premiums paid by way or reinsurance or
Provided, That, the creation thereof shall not retrocession;
reduce the land area, population, and
income of the original unit or units at the (l) Taxes, fees or charges for the registration of motor
time of said creation to less than the vehicles and for the issuance of all kinds of licenses
minimum requirements prescribed herein. or permits for the driving thereof, except tricycles;
(b) The territory need not be contiguous if it (m) Taxes, fees, or other charges on Philippine
comprise two (2) or more islands or is separated by a products actually exported, except as otherwise
chartered city or cities which do not contribute to the provided herein;
income of the province.
(f) Taxes, fees or charges on agricultural and aquatic Section 2. It is the purpose of this Organic Act to establish
products when sold by marginal farmers or the Autonomous Region in Muslim Mindanao, to provide its
fishermen; basic structure of government within the framework of the
Constitution and national sovereignty and the territorial
(g) Taxes on business enterprises certified to by the integrity of the Republic of the Philippines, and to ensure the
Board of Investments as pioneer or non-pioneer for a peace and equality before the law of all people in the
period of six (6) and four (4) years, respectively from Autonomous Region.
the date of registration;
ARTICLE II
(h) Excise taxes on articles enumerated under the The Autonomous Region
national Internal Revenue Code, as amended, and
taxes, fees or charges on petroleum products; AREA AND SEAT OF GOVERNMENT
(i) Percentage or value-added tax (VAT) on sales, Section 1. (1) There is hereby created the Autonomous
barters or exchanges or similar transactions on Region in Muslim Mindanao, to be composed of provinces and
goods or services except as otherwise provided cities voting favorably in the plebiscite called for the purpose,
herein; in accordance with Section 18, Article X of the Constitution.
(j) Taxes on the gross receipts of transportation (2) The plebiscite shall be conducted in the provinces
contractors and persons engaged in the of Basilan, Cotabato, Davao del Sur, Lanao del Norte,
Lanao del Sur, Maguindanao, Palawan, South Section 10. The Regional Government shall uphold and
Cotabato, Sultan Kudarat, Sulu, Tawi-Tawi, protect the fundamental rights of women and children. In no
Zamboanga del Norte, and Zamboanga del Sur, and case shall women and children be exploited, abused or
the cities of Cotabato, Dapitan, Dipolog, General discriminated against.
Santos, Iligan, Marawi, Pagadian, Puerto Princesa,
and Zamboanga. Section 11. The Regional Government shall provide,
maintain, and ensure the delivery of basic health education
Section 2. The Regional Legislative Assembly, hereinafter and services.
referred to as the Regional Assembly, shall fix by law the
permanent seat of government for the Autonomous Region in Section 12. The Regional Government shall provide
Muslim Mindanao, taking into consideration accessibility and incentives for prompt payment of taxes.
efficiency in carrying out its mandate under this Act: Provided,
That the provisional seat of the Regional Government shall be
Section 13. The National Government shall provide financial
in Cotabato City.
assistance to the Autonomous Region by appropriating such
sums as may be necessary to accelerate the development of
ARTICLE III the Region.
Guiding Principles And Policies
ARTICLE IV
Section 1. The area of the Autonomous Region in Muslim Devolution of Powers
Mindanao shall remain an integral and inseparable part of the
national territory of the Republic of the Philippines as defined
Section 1. The fundamental rights and duties of the people in
by the Constitution and existing laws.
the Autonomous Region are those established in the
Constitution and this Organic Act.
The people of the Autonomous Region shall uphold the
Constitution as the fundamental law of the land and
Section 2. The powers devolved to the Autonomous Region
unequivocally owe allegiance and fidelity to the Republic of
shall be exercised through the Regional Assembly, the
the Philippines.
Regional Governor, and the special courts as provided in this
Act.
The Autonomous Region shall be governed and administered
in accordance with this Organic Act.
ARTICLE V
Powers of Government
Section 2. The Regional Government shall adopt the policy of
settlement of conflicts by peaceful means, and renounce any
Section 1. The Regional Government shall exercise powers
form of lawless violence as an instrument of redress.
and functions necessary for the proper governance and
development of all the constituent units within the
Section 3. The Regional Government shall adopt a policy on Autonomous Region consistent with the constitutional policy
local autonomy whereby regional powers shall be devolved to on regional and local autonomy and decentralization:
local government units where appropriate: Provided, however, Provided, That nothing herein shall authorize the diminution of
That until a regional law implementing this provision is the powers and functions already enjoyed by local
enacted, the local Government Code shall be applicable. government units.
Section 4. Highly urbanized cities within the Autonomous Section 2. The Autonomous Region is a corporate entity with
Region shall continue to be governed by their charters. jurisdiction in all matters devolved to it by the Constitution
Nothing in this Act shall be construed as to diminish the and this Organic Act as herein enumerated:
powers and functions already enjoyed by these cities.
Section 6. The Regional Government shall adopt educational (5) Regional, urban and rural planning development;
policies that are responsive to and reflective of the special
needs of the people, with due respect to the beliefs, customs
(6) Economic, social, and tourism development;
and traditions of the inhabitants of the Region.
Section 8. Subject to the provisions of the Constitution and (9) Powers, functions and responsibilities now being
this Organic Act, and national development policies and exercised by the departments of the National
programs, the Regional Government shall have authority, Government except:
power and right in the exploration, development and
utilization of its natural resources: Provided, That the (a) Foreign affairs;
indigenous cultural communities shall have priority rights in
the areas designated parts of the ancestral domain.
(b) National defense and security;
(e) Administration of justice; (10) Such other matters as may be authorized by law
for the promotion of the general welfare of the
(f) Quarantine; people of the Region.
(g) Customs and tariff; Section 3. The Regional Government may exercise the power
of eminent domain.
(h) Citizenship;
ARTICLE VI
Inter-Governmental Relations
(i) Naturalization, immigration and
deportation;
Section 1. The President of the Philippines shall exercise
general supervision over the Regional Government, including
(j) General auditing, civil service and
the local government units therein, directly or through the
elections;
Regional Governor, to ensure that national and regional laws
are faithfully executed.
(k) Foreign trade;
Section 2. The Regional Government shall maintain close
(l) Maritime, land and air transportation and coordination with the National Government for the orderly
communications that affect areas outside management of the special courts within the Autonomous
the Autonomous Region; and Region.