PHILIPPINES TO THE DIFFERENT LEGISLATIVE DISTRICTS

IN PROVINCES AND CITIES AND THE METROPOLITAN

1987 Constitution of the MANILA AREA

Republic of the Philippines 26

1973 CONSTITUTION OF THE REPUBLIC OF THE

Local Government Code PHILIPPINES
PREAMBLE
30
30

Text and Related Laws ARTICLE I NATIONAL TERRITORY

ARTICLE II DECLARATION OF PRINCIPLES AND
30

STATE POLICIES
R.A. No. 7160
30
TABLE OF CONTENTS ARTICLE III CITIZENS 30
ARTICLE IV BILL OF RIGHTS 31
1987 CONSTITUTION OF THE REPUBLIC OF THE
ARTICLE V DUTIES AND OBLIGATIONS OF CITIZENS
PHILIPPINES
31
5 ARTICLE VI SUFFRAGE 31
PREAMBLE 5 ARTICLE VII THE PRESIDENT AND VICE-PRESIDENT
32
ARTICLE I NATIONAL TERRITORY 5
ARTICLE VIII THE NATIONAL ASSEMBLY 32
ARTICLE II DECLARATION OF PRINCIPLES AND
STATE POLICIES 5 ARTICLE IX
ARTICLE X THE PRIME MINISTER
JUDICIARY AND THE CABINET35
34
STATE POLICIES 5 ARTICLE XI LOCAL GOVERNMENT 36
ARTICLE III BILL OF RIGHTS 6 ARTICLE XII THE CONSTITUTIONAL 36
COMMISSIONS
ARTICLE IV CITIZENSHIP 7 A. Common Provisions 36
ARTICLE V SUFFRAGE 7 B. The Civil Service Commission 36
ARTICLE VI THE LEGISLATIVE DEPARTMENT 7 C. The Commission on Elections 36
ARTICLE VII EXECUTIVE DEPARTMENT 10 D. Commission on Audit 37
ARTICLE VIII JUDICIAL DEPARTMENT 12 ARTICLE XIII ACCOUNTABILITY OF PUBLIC OFFICERS
37
ARTICLE IX CONSTITUTIONAL COMMISSION 13
ARTICLE XIV THE NATIONAL ECONOMY AND THE
A. COMMON PROVISIONS 13
PATRIMONY OF THE NATION 38
B. THE CIVIL SERVICE COMMISSION 14
ARTICLE XV GENERAL PROVISIONS 38
C. THE COMMISSION ON ELECTIONS 14
ARTICLE XVI AMENDMENTS 39
D. THE COMMISSION ON AUDIT 15
ARTICLE XVII TRANSITORY PROVISIONS 40
ARTICLE X LOCAL GOVERNMENT 16
GENERAL PROVISIONS 16 1935 CONSTITUTION 40
AUTONOMOUS REGIONS 17 Preamble 40
ARTICLE XI ACCOUNTABILITY OF PUBLIC OFFICERS ARTICLE I The National Territory 41
17 ARTICLE II Declaration of Principles 41
ARTICLE XII NATIONAL ECONOMY AND PATRIMONY ARTICLE III Bill of Rights 41
18
ARTICLE IV Citizenship 41
ARTICLE XIII SOCIAL JUSTICE AND HUMAN
RIGHTS 20 ARTICLE V Suffrage 41
LABOR 20 ARTICLE VI Legislative Department 42
AGRARIAN AND NATURAL RESOURCES REFORM ARTICLE VII Executive Department 43
20 ARTICLE VIII Judicial Department 44
URBAN LAND REFORM AND HOUSING 21 ARTICLE IX Impeachment 45
HEALTH 21 ARTICLE X Commission on Elections 45
WOMEN 21 ARTICLE XI General Auditing Office 46
ROLE AND RIGHTS OF PEOPLE'S ARTICLE XII Civil Service 46
ORGANIZATIONS ARTICLE XIII Conservation and Utilization of Natural
Resources 46
21 ARTICLE XIV General Provisions 46
HUMAN RIGHTS 21 ARTICLE XV Amendments 47
ARTICLE XIV EDUCATION, SCIENCE AND ARTICLE XVI Transitory Provisions 47
TECHNOLOGY, ARTS, CULTURE AND SPORTS
ARTICLE XVII Special Provisions Effective upon the
Proclamation of the Independence of the Philippines
22 47
EDUCATION 22 ARTICLE XVIII The Commonwealth and the Republic
LANGUAGE 23 47
SCIENCE AND TECHNOLOGY 23
RA No 7160 | Local Government Code of 1991 48
ARTS AND CULTURE 23
Rules and Regulations
SPORTS 23 Implementing the Local Government
ARTICLE XV THE FAMILY 23 Code of 1991 48
ARTICLE XVI GENERAL PROVISIONS 23 BOOK I GENERAL PROVISIONS 48
ARTICLE XVII AMENDMENTS OR REVISIONS 24 TITLE I BASIC PRINCIPLES 48
ARTICLE XVIII TRANSITORY PROVISIONS 24
© Compiled by Rehne Gibb Larena | JD-2 | University of San Carlos
1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES AND THE LOCAL GOVERNMENT CODE TEXT AND RELATED LAWS

CHAPTER I The Code: Policy and Application

TITLE III SHARES OF LOCAL GOVERNMENT
48
UNITS IN THE PROCEEDS OF NATIONAL TAXES
CHAPTER II General Powers and Attributes of 84
Local Government Units 49
CHAPTER I Allotment of Internal Revenue 84
CHAPTER III Intergovernmental Relations 53
CHAPTER II Share of Local Government Units in
ARTICLE I National Government and Local the National Wealth 85
Government Units 53
TITLE IV Credit Financing 85
ARTICLE II Relations with the Philippine
TITLE V Local Fiscal Administration 87
National Police 53
CHAPTER I General Provisions 87
ARTICLE III Inter-Local Government Relations
53 CHAPTER II Local and Other Special Funds 88
CHAPTER IV Relations With People's and Non- ARTICLE I Receipts, Safekeeping Article and
Governmental Organizations 53 Disposition of Local Funds 88
CHAPTER V Local Prequalification, Bids and ARTICLE II Special Accounts 88
Awards Committee 54 CHAPTER III Budgeting 88
TITLE II ELECTIVE OFFICIALS 54 ARTICLE I Local Government Budgets 88
CHAPTER I Qualifications and Election 54 ARTICLE II Barangay Budgets 90
CHAPTER II Vacancies and Succession 55 CHAPTER IV Expenditures, Disbursements,
CHAPTER III Local Legislation 56 Accounting and Accountability
CHAPTER IV Disciplinary Actions 58
91
CHAPTER V Recall 58
TITLE VI Property and Supply Management in the
TITLE III HUMAN RESOURCES AND DEVELOPMENT Local Government Units

59 93
TITLE IV LOCAL SCHOOL BOARDS 61 Rules and Regulations on Supply and
TITLE V LOCAL HEALTH BOARDS 62 Property Management in the Local
TITLE VI LOCAL DEVELOPMENT COUNCILS 63 Governments 95
TITLE VII LOCAL PEACE AND ORDER COUNCIL 64 BOOK III LOCAL GOVERNMENT UNITS 95
TITLE VIII AUTONOMOUS SPECIAL ECONOMIC ZONES TITLE I THE BARANGAY 95
64 CHAPTER I Role and Creation of the Barangay
TITLE IX OTHER PROVISIONS APPLICABLE TO LOCAL
GOVERNMENT UNITS 64 95
CHAPTER I Settlement of Boundary Disputes CHAPTER II Barangay Officials and Offices 96
64 CHAPTER III The Punong Barangay 96
CHAPTER II Local Initiative and Referendum CHAPTER IV The Sangguniang Barangay 96
64 CHAPTER V Appointive Barangay Officials 98
BOOK II LOCAL TAXATION AND FISCAL MATTERS 65 CHAPTER VI Barangay Assembly 98
TITLE I LOCAL GOVERNMENT TAXATION 65 CHAPTER VII Katarungang Pambarangay 98
CHAPTER I General Provisions 65 Rules and Regulations
CHAPTER II Specific Provisions on the Taxing and Implementing the Katarungang
Other Revenue-Raising Powers of Local Pambarangay 98
Government Units 67 CHAPTER VIII Sangguniang Kabataan [see RA
ARTICLE I Provinces 67 10742] 101
ARTICLE II Municipalities 68 CHAPTER IX Pederasyon ng mga Sangguniang
ARTICLE III Cities 71 Kabataan [see RA 10742] 102
ARTICLE IV Barangays 71 CHAPTER X Linggo ng Kabataan [see RA 10742]
102
ARTICLE V Common Revenue-Raising Powers
71 TITLE II THE MUNICIPALITY 102
ARTICLE VI Community Tax 71 CHAPTER I Role and Creation of the Municipality
102
CHAPTER III Collection of Taxes 72
CHAPTER II Municipal Officials in General 103
CHAPTER IV Civil Remedies for Collection of
Revenues 73 CHAPTER III Officials and Offices Common to All
Municipalities 103
CHAPTER V Miscellaneous Provisions 75
ARTICLE I The Municipal Mayor 103
CHAPTER VI Taxpayer's Remedies 75
ARTICLE II The Vice Mayor 105
TITLE II REAL PROPERTY TAXATION 75
ARTICLE III The Sangguniang Bayan 105
CHAPTER I General Provisions 75
TITLE III THE CITY 107
CHAPTER II Appraisal and Assessment of Real
Property 76 CHAPTER I Role and Creation of the City 107
CHAPTER III Assessment Appeals 79 CHAPTER II City Officials in General 108
CHAPTER IV Imposition of Real Property Tax CHAPTER III Officials and Offices Common to All
80 Cities 108
CHAPTER V Special Levies on Real Property ARTICLE I The City Mayor 108
80 ARTICLE II The City Vice-Mayor 110
CHAPTER VI Collection of Real Property ARTICLE III The Sangguniang Panlungsod
Tax81 CHAPTER VII Disposition of Proceeds 110
83 TITLE IV THE PROVINCE 112
CHAPTER VIII Special Provisions 84 CHAPTER I Role and Creation of the Province
112
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 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES AND THE LOCAL GOVERNMENT CODE TEXT AND RELATED LAWS
CHAPTER II Provincial Officials in General CHAPTER III Officials and Offices Common to All
Provinces 113
113

ARTICLE I The Provincial Governor 113 C. ADMINISTRATIVE DISCIPLINARY MACHINERY

ARTICLE II The Provincial Vice-Governor 134
115
ARTICLE III The Sangguniang
Panlalawigan 115
TITLE V APPOINTED LOCAL OFFICIALS COMMON
TO ALL MUNICIPALITIES, CITIES AND
PROVINCES 116
ARTICLE I Secretary to the Sanggunian
116
ARTICLE II The Treasurer 117
ARTICLE III The Assessor 117
ARTICLE IV The Accountant 118
ARTICLE V The Budget Officer 118
ARTICLE VI The Planning and
Development Coordinator 118
ARTICLE VII The Engineer 119
ARTICLE VIII The Health Officer 119
ARTICLE IX The Civil Registrar 119
ARTICLE X The Administrator 120
ARTICLE XI The Legal Officer 120
ARTICLE XII The Agriculturist 121
ARTICLE XIII The Social Welfare and
Development Officer 121
ARTICLE XIV The Environment and
Natural Resources Officer 121
ARTICLE XV The Architect 122
ARTICLE XVI The Information Officer 122
ARTICLE XVII The Cooperatives Officer
123 ARTICLE XVIII The Population Officer
123
ARTICLE XIX The Veterinarian 123
ARTICLE XX The General Services Officer
124
TITLE VI LEAGUES OF LOCAL GOVERNMENT
UNITS AND ELECTIVE OFFICIALS 124
CHAPTER I Leagues of Local Government
Units 124
ARTICLE I Liga ng Mga Barangay 124
ARTICLE II League of Municipalities 125
ARTICLE III League of Cities 125
ARTICLE IV League of Provinces 125
ARTICLE V Provisions Common to All
Leagues 126
CHAPTER II Leagues and Federation of Local
Elective Officials 126
BOOK IV MISCELLANEOUS AND FINAL PROVISIONS
126
TITLE I PENAL PROVISIONS 126
TITLE II PROVISIONS FOR IMPLEMENTATION 127
TITLE III TRANSITORY PROVISIONS 128
TITLE IV FINAL PROVISIONS 129

RA No 6975 | Department of Interior and Local

Government Act of 1990 129
Rules and Regulations
Implementing the DILG Act 129
CHAPTER I THE DEPARTMENT OF THE INTERIOR
AND LOCAL GOVERNMENT 130
CHAPTER II THE NATIONAL POLICE COMMISSION 130
CHAPTER III 131
A. THE PHILIPPINE NATIONAL POLICE
ORGANIZATION 131
B. PROFESSIONALISM, WELFARE AND BENEFITS
134

© Compiled by RGL 3 of
 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES AND THE LOCAL GOVERNMENT CODE TEXT AND RELATED LAWS
D. PARTICIPATION OF LOCAL EXECUTIVES IN CHAPTER III THE LOCAL YOUTH DEVELOPMENT
THE ADMINISTRATION OF THE PNP COUNCIL (LYDC) 148
136 CHAPTER IV THE LOCAL YOUTH DEVELOPMENT
CHAPTER IV BUREAU OF FIRE PROTECTION OFFICE 148
CHAPTER V CAPABILITY-BUILDING AND
137 ORIENTATION TOWARDS NATION-BUILDING AND
CHAPTER V BUREAU OF JAIL MANAGEMENT AND EMPOWERMENT 148
PENOLOGY CHAPTER VI LINGGO NG KABATAAN 148
CHAPTER VII REGISTRATION, ELECTION AND
137 ASSUMPTION OF OFFICE 148
CHAPTER VI THE PHILIPPINE PUBLIC SAFETY CHAPTER VIII FINAL PROVISIONS 149
COLLEGE
RA No 7279 | Urban Development and Housing Act of
138 1992 149
CHAPTER VII COMMON PROVISIONS FOR ARTICLE I Title, Policy, Program and Definition of
UNIFORMED PERSONNEL Terms 149
138 ARTICLE II Coverage and Exemptions 150
CHAPTER VIII TRANSITORY PROVISIONS ARTICLE III National Urban Development and
Housing Framework 151
139 ARTICLE IV Land Use, Inventory, Acquisition and
Disposition 151
CHAPTER IX FINAL PROVISIONS
ARTICLE V Socialized Housing 152
140 ARTICLE VI Areas for Priority Development, Zonal
Improvement Program Sites and Slum Improvement
RA No 9263 | Bureau of Fire Protection and Bureau of and Resettlement Program Sites 153
Jail Management and Penology Professionalization Act ARTICLE VII Urban Renewal and Resettlement 154
of 2004
ARTICLE VIII Community Mortgage Program 154
140 ARTICLE IX Related Strategies 155
Rules and Regulations ARTICLE X Program Implementation 155
Implementing RA No ARTICLE XI Funding 156
9592 ARTICLE XII Transitory Provisions 156
amending RA No 9263 140
ARTICLE XIII Common Provisions 156
RA No 10742 | Sangguniang Kabataan Reform Act of
RA No 9184 | Government Procurement Reform Act 156
2015
2016 Revised Rules and Regulations
144 Implementing the Government
Procurement Reform Act 156
Rules and Regulations
Implementing the SK Reform Act Amendment 30 May 2017 156
144 Amendment 31 July 2017 156
CHAPTER I INTRODUCTORY PROVISIONS 144 ARTICLE 1 GENERAL PROVISIONS 156
CHAPTER II THE KATIPUNAN NG KABATAAN AND ARTICLE II PROCUREMENT PLANNING 157
THE SANGGUNIANG KABATAAN ARTICLE III PROCUREMENT BY ELECTRONIC MEANS
158
145

ARTICLE IV COMPETITIVE BIDDING 158 ARTICLE XXI PENAL CLAUSE

ARTICLE V BIDS AND AWARDS COMMITTEE 158
163
ARTICLE VI PREPARATION OF BIDDING
DOCUMENTS 158 ARTICLE XXII CIVIL LIABILITY
ARTICLE VII INVITATION TO BID 159
164
ARTICLE VIII RECEIPT AND OPENING OF BIDS 159
ARTICLE XXIII ADMINISTRATIVE SANCTIONS
ARTICLE IX BID EVALUATION 160
ARTICLE X POST-QUALIFICATION 160 164
ARTICLE XI AWARD, IMPLEMENTATION AND ARTICLE XXIV LEGAL ASSISTANCE AND
TERMINATION OF THE CONTRACT 160 INDEMNIFICATION OF BAC MEMBERS
ARTICLE XII DOMESTIC AND FOREIGN
PROCUREMENT 161 165
ARTICLE XIII BIDDING OF PROVINCIAL PROJECTS 161 ARTICLE XXV FINAL PROVISIONS
ARTICLE XIV LEASE OF COMPUTERS,
COMMUNICATIONS, INFORMATION AND OTHER 165
EQUIPMENT 161
Role of the Local Government | Related Laws and
ARTICLE XV DISCLOSURE OF RELATIONS 161
Pertinent Provisions
ARTICLE XVI ALTERNATIVE METHODS OF
PROCUREMENT 161 165
ARTICLE XVII PROTEST MECHANISM 162 1 Prohibiting Lower Courts from Issuing
ARTICLE XVIII SETTLEMENT OF DISPUTES 163 Temporary Restraining Orders, Preliminary
ARTICLE XIX CONTRACT PRICES AND WARRANTIES Injunctions or Preliminary Mandatory Injunctions
163 on Government Infrastructure Projects, Republic
Act No. 8975, [November 7, 2000]
ARTICLE XX THE GOVERNMENT PROCUREMENT 165
POLICY BOARD 163
2 Philippine Carabao Act of 1992, Republic Act No.
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 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES AND THE LOCAL GOVERNMENT CODE
7307, [March 27, 1992]
3 Acquisition of Right-of-Way, Site or Location for
National Government Infrastructure Projects,
Republic Act No. 8974, [November 7, 2000]
4 Philippine Clean Water Act of 2004, Republic Act
No. 9275, [March 22, 2004]
5 The Right-of-Way Act, Republic Act No. 10752,
[March 7, 2016]
6 Countrywide Industrialization Act of 1992,
Republic Act No. 7368, [April 10, 1992]
7 Ecological Solid Waste Management Act of 2000,
Republic Act No. 9003, [January 26, 2001]
8 Agricultural and Fisheries Mechanization
(AFMech) Law, Republic Act No. 10601, [June 5,
2013]
174
9 Free Internet Access in Public Places Act,
Republic Act No. 10929, [August 2, 2017]
10 Philippine Clean Air Act of 1999, Republic Act No.
8749, [June 23, 1999]
11
e Meat Inspection Code of the Philippines, Republic Act
No. 9296, [May 12, 2004]
12 Renewable Energy Act of 2008, Republic Act No.
9513, [December 16, 2008]
13 The Tourism Act of 2009, Republic Act No. 9593,
[May 12, 2009]
14 Magna Carta for Homeowners and Homeowners'
Associations, Republic Act No. 9904, [January 7,
2010]
178
1987 CONSTITUTION OF THE REPUBLIC
OF THE PHILIPPINES
PREAMBLE
We, the sovereign Filipino people, imploring the aid of
Almighty God, in order to build a just and humane
society, and establish a Government that shall embody
our ideals and aspirations, promote the common good,
conserve and develop our patrimony, and secure to
ourselves and our posterity, the blessings
independence and democracy under the rule of law and
a regime of truth, justice, freedom, love, equality, and
peace, do ordain and promulgate this Constitution.
ARTICLE I NATIONAL TERRITORY
The national territory comprises the Philippine
archipelago, with all the islands and waters embraced
therein, and all other territories over which the
© Compiled by RGL
TEXT AND RELATED LAWS
165
15 Agriculture and Fisheries Modernization Act of
1997, Republic Act No. 8435, [December 22, 1997] 178
166
16 National Health Insurance Act of 2013, Republic
Act No. 10606, [June 19, 2013] 178
166
17 Philippine Mining Act of 1995, Republic Act No.
7942, [March 3, 1995] 179
167
18 The Philippine Fisheries Code of 1998, Republic
Act No. 8550, [February 25, 1998] 179
168
19 Electric Power Industry Reform Act of 2001,
Republic Act No. 9136, [June 8, 2001] 179
168
20 An Act Providing for the Magna Carta of Women,
Republic Act No. 9710, [August 14, 2009] 179
21 Universal Newborn Hearing Screening and
Intervention Act of 2009, Republic Act No. 9709,
[August 12, 2009] 180
22 National Cultural Heritage Act of 2009, Republic
175
Act No. 10066, [March 24, 2010] 180
23 Climate Change Act of 2009, Republic Act No.
175
9729, [October 23, 2009] 181
Th
24 Anti-Child Pornography Act of 2009, Republic Act
No. 9775, [November 17, 2009] 181
176
25 Foster Care Act of 2012, Republic Act No. 10165,
[June 11, 2012] 181
176
26 Philippine National Police Reform and
Reorganization Act of 1998, Republic Act No. 8551,
176
[February 25, 1998] 182
27 Comprehensive Dangerous Drugs Act of 2002,
Republic Act No. 9165, [June 7, 2002] 182
28 National Archives of the Philippines Act of 2007,
Republic Act No. 9470, [May 21, 2007] 183
29 Anti-Rabies Act of 2007, Republic Act No. 9482,
[May 25, 2007] 183
30 Public Employment Service Office Act of 1999,
Republic Act No. 8759, [February 14, 2000] as
amended by RA No 10691, [October 26, 2015] 184
31 Children's Emergency Relief and Protection Act,
Republic Act No. 10821, [May 18, 2016] 185
32 JobStart Philippines Act, Republic Act No. 10869,
[June 29, 2016] 185
33 Juvenile Justice and Welfare Act of 2006, Republic
Act No. 9344, [April 28, 2006] as amended by RA No
10630, [October 3, 2013] 185
34 The Responsible Parenthood and Reproductive
Health Act of 2012, Republic Act No. 10354,
[December 21, 2012] 186
35 Food Safety Act of 2013, Republic Act No. 10611,
[August 23, 2013] 187
Philippines has sovereignty or jurisdiction, consisting of its
terrestrial, fluvial and aerial domains, including its territorial
sea, the seabed, the subsoil, the insular shelves, and other
submarine areas. The waters around, between, and
connecting the islands of the archipelago, regardless of
their breadth and dimensions, form part of the internal
waters of the Philippines.
ARTICLE II DECLARATION OF PRINCIPLES
AND STATE POLICIES
Section 1. The Philippines is a democratic and republican
State. Sovereignty resides in the people and all
government authority emanates from them.
Section 2. The Philippines renounces war as an instrument
of
of national policy, adopts the generally accepted principles
of international law as part of the law of the land and
adheres to the policy of peace, equality, justice, freedom,
cooperation, and amity with all nations.
Section 3. Civilian authority is, at all times, supreme over
the military. The Armed Forces of the Philippines is the
protector of the people and the State. Its goal is to secure
the sovereignty of the State and the integrity of the
national territory.
Section 4. The prime duty of the Government is to serve
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 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES AND THE LOCAL GOVERNMENT CODE
and protect the people. The Government may call upon
the people to defend the State and, in the fulfillment
thereof, all citizens may be required, under conditions
provided by law, to render personal, military or civil
service.
Section 5. The maintenance of peace and order, the
protection of life, liberty, and property, and promotion of
the general welfare are essential for the enjoyment by all
the people of the blessings of democracy.
Section 6. The separation of Church and State shall be
inviolable.
STATE POLICIES
Section 7. The State shall pursue an independent foreign
policy. In its relations with other states, the paramount
consideration shall be national sovereignty, territorial
integrity, national interest, and the right to self-
determination.
© Compiled by RGL
TEXT AND RELATED LAWS
Section 8. The Philippines, consistent with the national
interest, adopts and pursues a policy of freedom from
nuclear weapons in its territory.
Section 9. The State shall promote a just and dynamic
social order that will ensure the prosperity and
independence of the nation and free the people from
poverty through policies that provide adequate social
services, promote full employment, a rising standard of
living, and an improved quality of life for all.
Section 10. The State shall promote social justice in all
phases of national development.
Section 11. The State values the dignity of every human
person and guarantees full respect for human rights.
Section 12. The State recognizes the sanctity of family
life and shall protect and strengthen the family as a basic
autonomous social institution. It shall equally protect the
life of the mother and the life of the unborn from
conception. The natural and primary right and duty of
parents in the rearing of the youth for civic efficiency
and the development of moral character shall receive
the support of the Government.
Section 13. The State recognizes the vital role of the
youth in nation-building and shall promote and protect
their physical, moral, spiritual, intellectual, and social
well-being. It shall inculcate in the youth patriotism and
nationalism, and encourage their involvement in public
and civic affairs.
Section 14. The State recognizes the role of women in
nation-building, and shall ensure the fundamental
equality before the law of women and men.
Section 15. The State shall protect and promote the
right to health of the people and instill health
consciousness among them.
Section 16. The State shall protect and advance the right
of the people to a balanced and healthful ecology in
accord with the rhythm and harmony of nature.
Section 17. The State shall give priority to education,
science and technology, arts, culture, and sports to foster
patriotism and nationalism, accelerate social progress,
and promote total human liberation and development.
Section 18. The State affirms labor as a primary social
economic force. It shall protect the rights of workers and
promote their welfare.
Section 19. The State shall develop a self-reliant and
independent national economy effectively controlled by
Filipinos.
Section 20. The State recognizes the indispensable role
of the private sector, encourages private enterprise, and
provides incentives to needed investments.
Section 21. The State shall promote comprehensive rural
development and agrarian reform.
Section 22. The State recognizes and promotes the rights
of indigenous cultural communities within the
framework of national unity and development.
Section 23. The State shall encourage non-
governmental, community-based, or sectoral
organizations that promote the welfare of the nation.
Section 24. The State recognizes the vital role of
communication and information in nation-building.
Section 25. The State shall ensure the autonomy of local
governments.
Section 26. The State shall guarantee equal access to
opportunities for public service and prohibit political
dynasties as may be defined by law.
Section 27. The State shall maintain honesty and
integrity in the public service and take positive and
effective measures against graft and corruption.
Section 28. Subject to reasonable conditions prescribed
by law, the State adopts and implements a policy of full
6 of
public disclosure of all its transactions involving public
interest.
ARTICLE III BILL OF RIGHTS
Section 1. No person shall be deprived of life, liberty, or
property without due process of law, nor shall any person
be denied the equal protection of the laws.
Section 2. The right of the people to be secure in their
persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature
and for any purpose shall be inviolable, and no search
warrant or warrant of arrest shall issue except upon
probable cause to be determined personally by the
judge after examination under oath or affirmation of the
complainant and the witnesses he may produce, and
particularly describing the place to be searched and the
persons or things to be seized.
Section 3.
1. The privacy of communication and
correspondence shall be inviolable except upon
lawful order of the court, or when public safety
or order requires otherwise, as prescribed by
law.
2. Any evidence obtained in violation of this or the
preceding section shall be inadmissible for any
purpose in any proceeding.
Section 4. No law shall be passed abridging the freedom
of speech, of expression, or of the press, or the right of the
people peaceably to assemble and petition the
government for redress of grievances.
Section 5. No law shall be made respecting an
establishment of religion, or prohibiting the free exercise
thereof. The free exercise and enjoyment of religious
profession and worship, without discrimination or
preference, shall forever be allowed. No religious test
shall be required for the exercise of civil or political
rights.
Section 6. The liberty of abode and of changing the same
within the limits prescribed by law shall not be impaired
except upon lawful order of the court. Neither shall the
right to travel be impaired except in the interest of
national security, public safety, or public health, as may
be provided by law.
Section 7. The right of the people to information on
matters of public concern shall be recognized. Access to
official records, and to documents and papers pertaining
to official acts, transactions, or decisions, as well as to
government research data used as basis for policy
development, shall be afforded the citizen, subject to
such limitations as may be provided by law.
Section 8. The right of the people, including those
employed in the public and private sectors, to form
unions, associations, or societies for purposes not contrary
to law shall not be abridged.
Section 9. Private property shall not be taken for public
use without just compensation.
Section 10. No law impairing the obligation of contracts
shall be passed.
Section 11. Free access to the courts and quasi-judicial
bodies and adequate legal assistance shall not be denied
to any person by reason of poverty.
Section 12.
1. Any person under investigation for the
commission of an offense shall have the right to
be informed of his right to remain silent and to
have competent and independent counsel
preferably of his own choice. If the person
cannot afford the services of counsel, he must be
provided with one. These rights cannot be
waived except in writing and in the presence of
counsel.
2. No torture, force, violence, threat, intimidation, or
any other means which vitiate the free will shall
be used against him. Secret detention places,
solitary, incommunicado, or other similar forms of
detention are prohibited.
3. Any confession or admission obtained in
violation of this or Section 17 hereof shall be
inadmissible in evidence against him.
4. The law shall provide for penal and civil sanctions
for violations of this Section as well as
compensation to the rehabilitation of victims of
torture or similar practices, and their families.
Section 13. All persons, except those charged with
offenses punishable by reclusion perpetua when
evidence of guilt is strong, shall, before conviction, be
bailable by sufficient sureties, or be released on
recognizance as may be provided by law. The right to bail
shall not be impaired even when the privilege of the writ
of habeas corpus is suspended. Excessive bail shall not
be required.
Section 14.
1. No person shall be held to answer for a
criminal offense without due process of law.
2. In all criminal prosecutions, the accused shall
be presumed innocent until the contrary is
proved, and shall enjoy the right to be heard by
himself and counsel, to be informed of the
nature and cause of the accusation against
him, to have a speedy, impartial, and public
trial, to meet the witnesses face to face, and to
have compulsory process to secure the
attendance of witnesses and the production of
evidence in his behalf. However, after
arraignment, trial may proceed
notwithstanding the absence of the accused:
Provided, that he has been duly notified and
his failure to appear is unjustifiable.
Section 15. The privilege of the writ of habeas corpus shall
not be suspended except in cases of invasion or rebellion,
when the public safety requires it.
Section 16. All persons shall have the right to a speedy
disposition of their cases before all judicial, quasi-judicial,
or administrative bodies.
Section 17. No person shall be compelled to be a witness
against himself.
Section 18.
1. No person shall be detained solely by reason of
his political beliefs and aspirations.
2. No involuntary servitude in any form shall exist
except as a punishment for a crime whereof the
party shall have been duly convicted.
Section 19.
1. Excessive fines shall not be imposed, nor cruel,
degrading or inhuman punishment inflicted.
Neither shall death penalty be imposed, unless,
for compelling reasons involving heinous crimes,
the Congress hereafter provides for it. Any death
penalty already imposed shall be reduced to
reclusion perpetua.
2. The employment of physical, psychological, or
degrading punishment against any prisoner or
detainee or the use of substandard or inadequate
penal facilities under subhuman conditions shall
be dealt with by law.
Section 20. No person shall be imprisoned for debt or
non-payment of a poll tax.
Section 21. No person shall be twice put in jeopardy of
punishment for the same offense. If an act is punished
by
a law and an ordinance, conviction or acquittal under
either shall constitute a bar to another prosecution for
the same act.
Section 22. No ex post facto law or bill of attainder shall
be enacted.
ARTICLE IV CITIZENSHIP
Section 1. The following are citizens of the Philippines:
1. Those who are citizens of the Philippines at the
time of the adoption of this Constitution;
2. Those whose fathers or mothers are citizens of
the Philippines;
3. Those born before January 17, 1973, of Filipino
mothers, who elect Philippine Citizenship upon
reaching the age of majority; and
4. Those who are naturalized in the accordance
with law.
Section 2. Natural-born citizens are those who are
citizens of the Philippines from birth without having to
perform any act to acquire or perfect their Philippine
citizenship. Those who elect Philippine citizenship in
accordance with paragraph (3), Section 1 hereof shall
be deemed natural-born citizens.
Section 3. Philippine citizenship may be lost or
reacquired in the manner provided by law.
Section 4. Citizens of the Philippines who marry aliens
shall retain their citizenship, unless by their act or
omission they are deemed, under the law to have
renounced it.
Section 5. Dual allegiance of citizens is inimical to the
national interest and shall be dealt with by law.
ARTICLE V SUFFRAGE
Section 1. Suffrage may be exercised by all citizens of the
Philippines, not otherwise disqualified by law, who are at
least eighteen years of age, and who shall have resided in
the Philippines for at least one year and in the place
wherein they propose to vote, for at least six months
immediately preceding the election. No literacy, property,
or other substantive requirement shall be imposed on the
exercise of suffrage.
Section 2. The Congress shall provide a system for
securing the secrecy and sanctity of the ballot as well as
a system for absentee voting by qualified Filipinos
abroad.
The Congress shall also design a procedure for the
disabled and the illiterates to vote without the
assistance of other persons. Until then, they shall be
allowed to vote under existing laws and such rules as the
Commission on Elections may promulgate to protect the
secrecy of the ballot.
ARTICLE VI THE LEGISLATIVE
DEPARTMENT
Section 1. The legislative power shall be vested in the
Congress of the Philippines which shall consist of a
Senate and a House of Representatives, except to the
extent reserved to the people by the provision on
initiative and referendum.
Section 2. The Senate shall be composed of twenty-four
Senators who shall be elected at large by the qualified
voters of the Philippines, as may be provided by law.
Section 3. No person shall be a Senator unless he is a
natural-born citizen of the Philippines and, on the day of
the election, is at least thirty-five years of age, able to read
and write, a registered voter, and a resident of the
Philippines for not less than two years immediately
preceding the day of the election.
Section 4. The term of office of the Senators shall be six
years and shall commence, unless otherwise provided by
law, at noon on the thirtieth day of June next following
their election. No Senator shall serve for more than two
consecutive terms. Voluntary renunciation of the office
for any length of time shall not be considered as an
interruption in the continuity of his service for the full
term of which he was elected.
Section 5.
1. The House of Representatives shall be composed
of not more than two hundred and fifty
members, unless otherwise fixed by law, who
shall be elected from legislative districts
apportioned among the provinces, cities, and the
Metropolitan Manila area in accordance with the
number of their respective inhabitants, and on
the basis of a uniform and progressive ratio, and
those who, as provided by law, shall be elected
through a party-list system of registered
national, regional, and sectoral parties or
organizations.
2. The party-list representatives shall constitute
twenty per centum of the total number of
representatives including those under the party
list. For three consecutive terms after the
ratification of this Constitution, one-half of the
seats allocated to party-list representatives shall
be filled, as provided by law, by selection or
election from the labor, peasant, urban poor,
indigenous cultural communities, women, youth,
and such other sectors as may be provided by
law, except the religious sector.
3. Each legislative district shall comprise, as far as
practicable, contiguous, compact, and adjacent
territory. Each city with a population of at least
two hundred fifty thousand, or each province,
shall have at least one representative.
4. Within three years following the return of every
census, the Congress shall make a
reapportionment of legislative districts based on
the standards provided in this section.
Section 6. No person shall be a Member of the House of
Representatives unless he is a natural-born citizen of the
Philippines and, on the day of the election, is at least
twenty-five years of age, able to read and write, and,
except the party-list representatives, a registered voter in
the district in which he shall be elected, and a resident
thereof for a period of not less than one year immediately
preceding the day of the election.
Section 7. The Members of the House of Representatives
shall be elected for a term of three years which shall
begin, unless otherwise provided by law, at noon on the
thirtieth day of June next following their election. No
Member of the House of Representatives shall serve for
more than three consecutive terms. Voluntary
renunciation of the office for any length of time shall not
be considered as an interruption in the continuity of his
service for the full term for which he was elected.
Section 8. Unless otherwise provided by law, the regular
election of the Senators and the Members of the House
of Representatives shall be held on the second Monday
of May.
Section 9. In case of vacancy in the Senate or in the
House of Representatives, a special election may be
called to fill such vacancy in the manner prescribed by
law, but the Senator or Member of the House of
Representatives thus elected shall serve only for the
unexpired term.
Section 10. The salaries of Senators and Members of the
House of Representatives shall be determined by law. No
increase in said compensation shall take effect until after
the expiration of the full term of all the Members of the
Senate and the House of Representatives approving such
increase.
Section 11. A Senator or Member of the House of
Representatives shall, in all offenses punishable by not
more than six years imprisonment, be privileged from
arrest while the Congress is in session. No Member shall
be questioned nor be held liable in any other place for
any speech or debate in the Congress or in any
committee thereof.
Section 12. All Members of the Senate and the House of
Representatives shall, upon assumption of office, make a
full disclosure of their financial and business interests.
They shall notify the House concerned of a potential
conflict of interest that may arise from the filing of a
proposed legislation of which they are authors.
Section 13. No Senator or Member of the House of
Representatives may hold any other office or
employment in the Government, or any subdivision,
agency, or instrumentality thereof, including
government-owned or controlled corporations or their
subsidiaries, during his term without forfeiting his seat.
Neither shall he be appointed to any office which may
have been created or the emoluments thereof increased
during the term for which he was elected.
Section 14. No Senator or Member of the House of
Representatives may personally appear as counsel
before any court of justice or before the Electoral
Tribunals, or quasi-judicial and other administrative
bodies. Neither shall he, directly or indirectly, be
interested financially in any contract with, or in any
franchise or special privilege granted by the
Government, or any subdivision, agency, or
instrumentality thereof, including any
government-owned or controlled corporation, or its
subsidiary, during his term of office. He shall not
intervene in any matter before any office of the
Government for his pecuniary benefit or where he may
be called upon to act on account of his office.
Section 15. The Congress shall convene once every year
on the fourth Monday of July for its regular session, unless
a different date is fixed by law, and shall continue to be in
session for such number of days as it may determine until
thirty days before the opening of its next regular session,
exclusive of Saturdays, Sundays, and legal holidays. The
President may call a special session at any time.
Section 16.
1. The Senate shall elect its President and the House
of Representatives, its Speaker, by a majority vote
of all its respective Members. Each House shall
choose such other officers as it may deem
necessary.
2. A majority of each House shall constitute a
quorum to do business, but a smaller number
may adjourn from day to day and may compel
the attendance of absent Members in such
manner, and under such penalties, as such
House may provide.
3. Each House may determine the rules of its
proceedings, punish its Members for disorderly
behavior, and, with the concurrence of two-thirds
of all its Members, suspend or expel a Member. A
penalty of suspension, when imposed, shall not
exceed sixty days.
4. Each House shall keep a Journal of its
proceedings, and from time to time publish the
same, excepting such parts as may, in its
judgment, affect national security; and the yeas
and nays on any question shall, at the request of
one-fifth of the Members present, be entered in
the Journal. Each House shall also keep a Record
of its proceedings.
5. Neither House during the sessions of the
Congress shall, without the consent of the other,
adjourn for more than three days, nor to any
other place than that in which the two Houses
shall be sitting.
Section 17. The Senate and the House of Representatives
shall each have an Electoral Tribunal which shall be the
sole judge of all contests relating to the election, returns,
and qualifications of their respective Members. Each
Electoral Tribunal shall be composed of nine Members,
three of whom shall be Justices of the Supreme Court to
be designated by the Chief Justice, and the remaining six
shall be Members of the Senate or the House of
Representatives, as the case may be, who shall be chosen
on the basis of proportional representation from the
political parties and the parties or organizations
registered under the party-list system represented
therein. The senior Justice in the Electoral Tribunal shall
be its Chairman.
Section 18. There shall be a Commission on
Appointments consisting of the President of the Senate,
as ex officio Chairman, twelve Senators, and twelve
Members of the House of Representatives, elected by
each House on the basis of proportional representation
from the political parties and parties or organizations
registered under the party-list system represented
therein. The chairman of the Commission shall not vote,
except in case of a tie. The Commission shall act on all
appointments submitted to it within thirty session days of
the Congress from their submission. The Commission
shall rule by a majority vote of all the Members.
Section 19. The Electoral Tribunals and the Commission
on Appointments shall be constituted within thirty days
after the Senate and the House of Representatives shall
have been organized with the election of the President
and the Speaker. The Commission on Appointments shall
meet only while the Congress is in session, at the call of
its Chairman or a majority of all its Members, to
discharge such powers and functions as are herein
conferred upon it.
Section 20. The records and books of accounts of the
Congress shall be preserved and be open to the public in
accordance with law, and such books shall be audited by
the Commission on Audit which shall publish annually an
itemized list of amounts paid to and expenses for each
Member.
Section 21. The Senate or the House of Representatives or
any of its respective committees may conduct inquiries in
aid of legislation in accordance with its duly published
rules of procedure. The rights of persons appearing in, or
affected by, such inquiries shall be respected.
Section 22. The heads of departments may, upon their
own initiative, with the consent of the President, or
upon the request of either House, as the rules of each
House shall provide, appear before and be heard by such
House on any matter pertaining to their departments.
Written questions shall be submitted to the President of
the Senate or the Speaker of the House of
Representatives at least three days before their
scheduled appearance. Interpellations shall not be
limited to written questions, but may cover matters
related thereto. When the security of the State or the
public interest so requires and the President so states in
writing, the appearance shall be conducted in executive
session.
Section 23.
1. The Congress, by a vote of two-thirds of both
Houses in joint session assembled, voting
separately, shall have the sole power to declare
the existence of a state of war.
2. In times of war or other national emergency, the
Congress may, by law, authorize the President, for
a limited period and subject to such restrictions
as it may prescribe, to exercise powers necessary
and proper to carry out a declared national policy.
Unless sooner withdrawn by resolution of the
Congress, such powers shall cease upon the next
adjournment thereof.

Section 24. All appropriation, revenue or tariff bills, bills
authorizing increase of the public debt, bills of local
application, and private bills, shall originate exclusively in
the House of Representatives, but the Senate may
propose or concur with amendments.
Section 25.
1. The Congress may not increase the
appropriations recommended by the President
for the operation of the Government as specified
in the budget. The form, content, and manner of
preparation of the budget shall be prescribed by
law.
2. No provision or enactment shall be embraced in
the general appropriations bill unless it relates
specifically to some particular appropriation
therein. Any such provision or enactment shall be
limited in its operation to the appropriation to
which it relates.
3. The procedure in approving appropriations for
the Congress shall strictly follow the procedure
for approving appropriations for other
departments and agencies.
4. A special appropriations bill shall specify the
purpose for which it is intended, and shall be
supported by funds actually available as certified
by the National Treasurer, or to be raised by a
corresponding revenue proposal therein.
5. No law shall be passed authorizing any transfer of
appropriations; however, the President, the
President of the Senate, the Speaker of the House
of Representatives, the Chief Justice of the
Supreme Court, and the heads of Constitutional
Commissions may, by law, be authorized to
augment any item in the general appropriations
law for their respective offices from savings in
other items of their respective appropriations.
6. Discretionary funds appropriated for particular
officials shall be disbursed only for public
purposes to be supported by appropriate
vouchers and subject to such guidelines as may
be prescribed by law.
7. If, by the end of any fiscal year, the Congress shall
have failed to pass the general appropriations bill
for the ensuing fiscal year, the general
appropriations law for the preceding fiscal year
shall be deemed re-enacted and shall remain in
force and effect until the general appropriations
bill is passed by the Congress.
Section 26.
1. Every bill passed by the Congress shall embrace
only one subject which shall be expressed in
the title thereof.
2. No bill passed by either House shall become a
law unless it has passed three readings on
separate days, and printed copies thereof in its
final form have been distributed to its Members
three days before its passage, except when the
President certifies to the necessity of its
immediate enactment to meet a public calamity
or emergency. Upon the last reading of a bill, no
amendment thereto shall be allowed, and the
vote thereon shall be taken immediately
thereafter, and the yeas and nays entered in the
Journal.
Section 27.
1. Every bill passed by the Congress shall, before it
becomes a law, be presented to the President. If
he approves the same he shall sign it; otherwise,
he shall veto it and return the same with his
objections to the House where it originated,
which shall enter the objections at large in its
Journal and proceed to reconsider it. If, after such
reconsideration, two-thirds of all the Members of
such House shall agree to pass the bill, it shall be
sent, together with the objections, to the other
House by which it shall likewise be reconsidered,
and if approved by two-thirds of all the Members
of that House, it shall become a law. In all such
cases, the votes of each House shall be
determined by yeas or nays, and the names of the
Members voting for or against shall be entered in
its Journal. The President shall communicate his
veto of any bill to the House where it originated
within thirty days after the date of receipt thereof,
otherwise, it shall become a law as if he had
signed it.
2. The President shall have the power to veto any
particular item or items in an appropriation,
revenue, or tariff bill, but the veto shall not affect
the item or items to which he does not object.
Section 28.
1. The rule of taxation shall be uniform and
equitable. The Congress shall evolve a
progressive system of taxation.
2. The Congress may, by law, authorize the
President to fix within specified limits, and
subject to such limitations and restrictions as it
may impose, tariff rates, import and export
quotas, tonnage and wharfage dues, and other
duties or imposts within the framework of the
national development program of the
Government.
3. Charitable institutions, churches and personages
or convents appurtenant thereto, mosques, non-
profit cemeteries, and all lands, buildings, and
improvements, actually, directly, and exclusively
used for religious, charitable, or educational
purposes shall be exempt from taxation.
4. No law granting any tax exemption shall be
passed without the concurrence of a majority of
all the Members of the Congress.
Section 29.
1. No money shall be paid out of the Treasury
except in pursuance of an appropriation made by
law.
2. No public money or property shall be
appropriated, applied, paid, or employed, directly
or indirectly, for the use, benefit, or support of any
sect, church, denomination, sectarian institution,
or system of religion, or of any priest, preacher,
minister, other religious teacher, or dignitary as
such, except when such priest, preacher, minister,
or dignitary is assigned to the armed forces, or to
any penal institution, or government orphanage
or leprosarium.
3. All money collected on any tax levied for a special
purpose shall be treated as a special fund and
paid out for such purpose only. If the purpose for
which a special fund was created has been
fulfilled or abandoned, the balance, if any, shall be
transferred to the general funds of the
Government.
Section 30. No law shall be passed increasing the
appellate jurisdiction of the Supreme Court as provided
in this Constitution without its advice and concurrence.
Section 31. No law granting a title of royalty or nobility
shall be enacted.
Section 32. The Congress shall, as early as possible,
provide for a system of initiative and referendum, and the
exceptions therefrom, whereby the people can directly
propose and enact laws or approve or reject any act or
law or part thereof passed by the Congress or local
legislative body after the registration of a petition therefor
signed by at least ten per centum of the total number of
registered voters, of which every legislative district must
be represented by at least three per centum of the
registered voters thereof.
ARTICLE VII EXECUTIVE DEPARTMENT
Section 1. The executive power shall be vested in the
President of the Philippines.
Section 2. No person may be elected President unless he
is a natural-born citizen of the Philippines, a registered
voter, able to read and write, at least forty years of age
on the day of the election, and a resident of the
Philippines for at least ten years immediately preceding
such election.
Section 3. There shall be a Vice-President who shall have
the same qualifications and term of office and be elected
with, and in the same manner, as the President. He may
be removed from office in the same manner as the
President.
The Vice-President may be appointed as a Member of
the Cabinet. Such appointment requires no
confirmation.
Section 4. The President and the Vice-President shall be
elected by direct vote of the people for a term of six
years which shall begin at noon on the thirtieth day of
June next following the day of the election and shall end
at noon of the same date, six years thereafter. The
President shall not be eligible for any re-election. No
person who has succeeded as President and has served
as such for more than four years shall be qualified for
election to the same office at any time.
No Vice-President shall serve for more than two
successive terms. Voluntary renunciation of the office
for any length of time shall not be considered as an
interruption in the continuity of the service for the full
term for which he was elected.
Unless otherwise provided by law, the regular election
for President and Vice-President shall be held on the
second Monday of May.
The returns of every election for President and Vice-
President, duly certified by the board of canvassers of
each province or city, shall be transmitted to the Congress,
directed to the President of the Senate. Upon receipt of
the certificates of canvass, the President of the Senate
shall, not later than thirty days after the day of the
election, open all the certificates in the presence of the
Senate and the House of Representatives in joint public
session, and the Congress, upon determination of the
authenticity and due execution thereof in the manner
provided by law, canvass the votes.
The person having the highest number of votes shall be
proclaimed elected, but in case two or more shall have
an equal and highest number of votes, one of them shall
forthwith be chosen by the vote of a majority of all the
Members of both Houses of the Congress, voting
separately.
The Congress shall promulgate its rules for the
canvassing of the certificates.
The Supreme Court, sitting en banc, shall be the sole
judge of all contests relating to the election, returns, and
qualifications of the President or Vice-President, and may
promulgate its rules for the purpose.
Section 5. Before they enter on the execution of their
office, the President, the Vice-President, or the Acting
President shall take the following oath or affirmation:
© Compiled by RGL
"I do solemnly swear (or affirm) that I will faithfully and
conscientiously fulfill my duties as President (or Vice-
President or Acting President) of the Philippines,
preserve and defend its Constitution, execute its laws,
do justice to every man, and consecrate myself to the
service of the Nation. So help me God." (In case of
affirmation, last sentence will be omitted.)
Section 6. The President shall have an official residence.
The salaries of the President and Vice-President shall be
determined by law and shall not be decreased during
their tenure. No increase in said compensation shall take
effect until after the expiration of the term of the
incumbent during which such increase was approved.
They shall not receive during their tenure any other
emolument from the Government or any other source.
Section 7. The President-elect and the Vice President-
elect shall assume office at the beginning of their terms.
If the President-elect fails to qualify, the Vice President-
elect shall act as President until the President-elect shall
have qualified.
If a President shall not have been chosen, the Vice
President-elect shall act as President until a President
shall have been chosen and qualified.
If at the beginning of the term of the President, the
President-elect shall have died or shall have become
permanently disabled, the Vice President-elect shall
become President.
Where no President and Vice-President shall have been
chosen or shall have qualified, or where both shall have
died or become permanently disabled, the President of
the Senate or, in case of his inability, the Speaker of the
House of Representatives, shall act as President until a
President or a Vice-President shall have been chosen and
qualified.
The Congress shall, by law, provide for the manner in
which one who is to act as President shall be selected
until a President or a Vice-President shall have qualified,
in case of death, permanent disability, or inability of the
officials mentioned in the next preceding paragraph.
Section 8. In case of death, permanent disability, removal
from office, or resignation of the President, the Vice-
President shall become the President to serve the
unexpired term. In case of death, permanent disability,
removal from office, or resignation of both the President
and Vice-President, the President of the Senate or, in case
of his inability, the Speaker of the House of
Representatives, shall then act as President until the
President or Vice-President shall have been elected and
qualified.
The Congress shall, by law, provide who shall serve as
President in case of death, permanent disability, or
resignation of the Acting President. He shall serve until
the President or the Vice-President shall have been
elected and qualified, and be subject to the same
restrictions of powers and disqualifications as the Acting
President.
Section 9. Whenever there is a vacancy in the Office of
the Vice-President during the term for which he was
elected, the President shall nominate a Vice-President
from among the Members of the Senate and the House
of Representatives who shall assume office upon
confirmation by a majority vote of all the Members of
both Houses of the Congress, voting separately.
Section 10. The Congress shall, at ten o'clock in the
morning of the third day after the vacancy in the offices
of the President and Vice-President occurs, convene in
accordance with its rules without need of a call and
within seven days, enact a law calling for a special
election to elect a President and a Vice-President to be
held not earlier than forty-five days nor later than sixty
days from the time of such call. The bill calling such
special election shall be deemed certified under
paragraph 2, Section 26, Article VI of this Constitution
and
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shall become law upon its approval on third reading by
the Congress. Appropriations for the special election shall
be charged against any current appropriations and shall
be exempt from the requirements of paragraph 4,
Section 25, Article V1 of this Constitution. The convening
of the Congress cannot be suspended nor the special
election postponed. No special election shall be called if
the vacancy occurs within eighteen months before the
date of the next presidential election.
Section 11. Whenever the President transmits to the
President of the Senate and the Speaker of the House of
Representatives his written declaration that he is unable
to discharge the powers and duties of his office, and
until he transmits to them a written declaration to the
contrary, such powers and duties shall be discharged by
the Vice-President as Acting President.
Whenever a majority of all the Members of the Cabinet
transmit to the President of the Senate and to the
Speaker of the House of Representatives their written
declaration that the President is unable to discharge the
powers and duties of his office, the Vice-President shall
immediately assume the powers and duties of the office
as Acting President.
Thereafter, when the President transmits to the President
of the Senate and to the Speaker of the House of
Representatives his written declaration that no inability
exists, he shall reassume the powers and duties of his
office. Meanwhile, should a majority of all the Members of
the Cabinet transmit within five days to the President of
the Senate and to the Speaker of the House of
Representatives, their written declaration that the
President is unable to discharge the powers and duties of
his office, the Congress shall decide the issue. For that
purpose, the Congress shall convene, if it is not in session,
within forty-eight hours, in accordance with its rules and
without need of call.
If the Congress, within ten days after receipt of the last
written declaration, or, if not in session, within twelve
days after it is required to assemble, determines by a
two-thirds vote of both Houses, voting separately, that
the President is unable to discharge the powers and
duties of his office, the Vice-President shall act as
President; otherwise, the President shall continue
exercising the powers and duties of his office.
Section 12. In case of serious illness of the President, the
public shall be informed of the state of his health. The
members of the Cabinet in charge of national security
and foreign relations and the Chief of Staff of the Armed
Forces of the Philippines, shall not be denied access to
the President during such illness.
Section 13. The President, Vice-President, the Members
of the Cabinet, and their deputies or assistants shall not,
unless otherwise provided in this Constitution, hold any
other office or employment during their tenure. They
shall not, during said tenure, directly or indirectly,
practice any other profession, participate in any
business, or be financially interested in any contract
with, or in any franchise, or special privilege granted by
the Government or any subdivision, agency, or
instrumentality thereof, including government-owned or
controlled corporations or their subsidiaries. They shall
strictly avoid conflict of interest in the conduct of their
office.
The spouse and relatives by consanguinity or affinity
within the fourth civil degree of the President shall not,
during his tenure, be appointed as Members of the
Constitutional Commissions, or the Office of the
Ombudsman, or as Secretaries, Undersecretaries,
chairmen or heads of bureaus or offices, including
government-owned or controlled corporations and their
subsidiaries.
Section 14. Appointments extended by an Acting
President shall remain effective, unless revoked by the
elected President, within ninety days from his
assumption or reassumption of office.
Section 15. Two months immediately before the next
presidential elections and up to the end of his term, a
President or Acting President shall not make
appointments, except temporary appointments to
executive positions when continued vacancies therein
will prejudice public service or endanger public safety.
Section 16. The President shall nominate and, with the
consent of the Commission on Appointments, appoint
the heads of the executive departments, ambassadors,
other public ministers and consuls, or officers of the
armed forces from the rank of colonel or naval captain,
and other officers whose appointments are vested in him
in this Constitution. He shall also appoint all other officers
of the Government whose appointments are not
otherwise provided for by law, and those whom he may
be authorized by law to appoint. The Congress may, by
law, vest the appointment of other officers lower in rank
in the President alone, in the courts, or in the heads of
departments, agencies, commissions, or boards.
The President shall have the power to make
appointments during the recess of the Congress,
whether voluntary or compulsory, but such
appointments shall be effective only until disapproved
by the Commission on Appointments or until the next
adjournment of the Congress.
Section 17. The President shall have control of all the
executive departments, bureaus, and offices. He shall
ensure that the laws be faithfully executed.
Section 18. The President shall be the Commander-in-
Chief of all armed forces of the Philippines and
whenever it becomes necessary, he may call out such
armed forces to prevent or suppress lawless violence,
invasion or rebellion. In case of invasion or rebellion,
when the public safety requires it, he may, for a period
not exceeding sixty days, suspend the privilege of the
writ of habeas corpus or place the Philippines or any part
thereof under martial law. Within forty-eight hours from
the proclamation of martial law or the suspension of the
privilege of the writ of habeas corpus, the President shall
submit a report in person or in writing to the Congress.
The Congress, voting jointly, by a vote of at least a
majority of all its Members in regular or special session,
may revoke such proclamation or suspension, which
revocation shall not be set aside by the President. Upon
the initiative of the President, the Congress may, in the
same manner, extend such proclamation or suspension
for a period to be determined by the Congress, if the
invasion or rebellion shall persist and public safety
requires it.
The Congress, if not in session, shall, within twenty-four
hours following such proclamation or suspension,
convene in accordance with its rules without need of a
call.
The Supreme Court may review, in an appropriate
proceeding filed by any citizen, the sufficiency of the
factual basis of the proclamation of martial law or the
suspension of the privilege of the writ or the extension
thereof, and must promulgate its decision thereon
within thirty days from its filing.
A state of martial law does not suspend the operation of
the Constitution, nor supplant the functioning of the civil
courts or legislative assemblies, nor authorize the
conferment of jurisdiction on military courts and
agencies over civilians where civil courts are able to
function, nor automatically suspend the privilege of the
writ.
The suspension of the privilege of the writ shall apply only
to persons judicially charged for rebellion or offenses
inherent in or directly connected with invasion.
During the suspension of the privilege of the writ, any
person thus arrested or detained shall be judicially
charged within three days, otherwise he shall be released.
Section 19. Except in cases of impeachment, or as
otherwise provided in this Constitution, the President
may grant reprieves, commutations, and pardons, and
remit fines and forfeitures, after conviction by final
judgment.
He shall also have the power to grant amnesty with the
concurrence of a majority of all the Members of the
Congress.
Section 20. The President may contract or guarantee
foreign loans on behalf of the Republic of the Philippines
with the prior concurrence of the Monetary Board, and
subject to such limitations as may be provided by law.
The Monetary Board shall, within thirty days from the
end of every quarter of the calendar year, submit to the
Congress a complete report of its decision on
applications for loans to be contracted or guaranteed by
the Government or government-owned and controlled
corporations which would have the effect of increasing
the foreign debt, and containing other matters as may
be provided by law.
Section 21. No treaty or international agreement shall be
valid and effective unless concurred in by at least two-
thirds of all the Members of the Senate.
Section 22. The President shall submit to the Congress,
within thirty days from the opening of every regular
session as the basis of the general appropriations bill, a
budget of expenditures and sources of financing,
including receipts from existing and proposed revenue
measures.
Section 23. The President shall address the Congress at
the opening of its regular session. He may also appear
before it at any other time.
ARTICLE VIII JUDICIAL DEPARTMENT
Section 1. The judicial power shall be vested in one
Supreme Court and in such lower courts as may be
established by law.
Judicial power includes the duty of the courts of justice to
settle actual controversies involving rights which are
legally demandable and enforceable, and to determine
whether or not there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of
any branch or instrumentality of the Government.
Section 2. The Congress shall have the power to define,
prescribe, and apportion the jurisdiction of the various
courts but may not deprive the Supreme Court of its
jurisdiction over cases enumerated in Section 5 hereof.
No law shall be passed reorganizing the Judiciary when it
undermines the security of tenure of its Members.
Section 3. The Judiciary shall enjoy fiscal autonomy.
Appropriations for the Judiciary may not be reduced by
the legislature below the amount appropriated for the
previous year and, after approval, shall be automatically
and regularly released.
Section 4.
1. The Supreme Court shall be composed of a Chief
Justice and fourteen Associate Justices. It may sit
en banc or in its discretion, in division of three,
five, or seven Members. Any vacancy shall be
filled within ninety days from the occurrence
thereof.
2. All cases involving the constitutionality of a treaty,
international or executive agreement, or law,
which shall be heard by the Supreme Court en
banc, and all other cases which under the Rules
of Court are required to be heard en banc,
including those involving the constitutionality,
application, or operation of presidential decrees,
proclamations, orders, instructions, ordinances,
and other regulations, shall be decided with the
concurrence of a majority of the Members who
actually took part in the deliberations on the
issues in the case and voted thereon.
3. Cases or matters heard by a division shall be
decided or resolved with the concurrence of a
majority of the Members who actually took part
in the deliberations on the issues in the case and
voted thereon, and in no case without the
concurrence of at least three of such Members.
When the required number is not obtained, the
case shall be decided en banc: Provided, that no
doctrine or principle of law laid down by the court
in a decision rendered en banc or in division may
be modified or reversed except by the court sitting
en banc.
Section 5. The Supreme Court shall have the following
powers:
1. Exercise original jurisdiction over cases affecting
ambassadors, other public ministers and consuls,
and over petitions for certiorari, prohibition,
mandamus, quo warranto, and habeas corpus.
2. Review, revise, reverse, modify, or affirm on
appeal or certiorari, as the law or the Rules of
Court may provide, final judgments and orders of
lower courts in:
1. All cases in which the constitutionality or
validity of any treaty, international or
executive agreement, law, presidential
decree, proclamation, order, instruction,
ordinance, or regulation is in question.
2. All cases involving the legality of any tax,
impost, assessment, or toll, or any penalty
imposed in relation thereto.
3. All cases in which the jurisdiction of any
lower court is in issue.
4. All criminal cases in which the penalty
imposed is reclusion perpetua or
higher.
5. All cases in which only an error or
question of law is involved.
3. Assign temporarily judges of lower courts to other
stations as public interest may require. Such
temporary assignment shall not exceed six
months without the consent of the judge
concerned.
4. Order a change of venue or place of trial to avoid
a miscarriage of justice.
5. Promulgate rules concerning the protection and
enforcement of constitutional rights, pleading,
practice, and procedure in all courts, the
admission to the practice of law, the integrated
bar, and legal assistance to the under-privileged.
Such rules shall provide a simplified and
inexpensive procedure for the speedy disposition
of cases, shall be uniform for all courts of the
same grade, and shall not diminish, increase, or
modify substantive rights. Rules of procedure of
special courts and quasi-judicial bodies shall
remain effective unless disapproved by the
Supreme Court.
6. Appoint all officials and employees of the
Judiciary in accordance with the Civil Service
Law.
Section 6. The Supreme Court shall have administrative
supervision over all courts and the personnel thereof.
Section 7.
1. No person shall be appointed Member of the
Supreme Court or any lower collegiate court
unless he is a natural-born citizen of the
Philippines. A Member of the Supreme Court
 must be at least forty years of age, and must have
been for fifteen years or more, a judge of a lower
court or engaged in the practice of law in the
Philippines.
2. The Congress shall prescribe the qualifications of
judges of lower courts, but no person may be
appointed judge thereof unless he is a citizen of
the Philippines and a member of the Philippine
Bar.
3. A Member of the Judiciary must be a person of
proven competence, integrity, probity, and
independence.
Section 8.
1. A Judicial and Bar Council is hereby created
under the supervision of the Supreme Court
composed of the Chief Justice as ex officio
Chairman, the Secretary of Justice, and a
representative of the Congress as ex officio
Members, a representative of the Integrated Bar,
a professor of law, a retired Member of the
Supreme Court, and a representative of the
private sector.
2. The regular members of the Council shall be
appointed by the President for a term of four
years with the consent of the Commission on
Appointments. Of the Members first appointed,
the representative of the Integrated Bar shall
serve for four years, the professor of law for three
years, the retired Justice for two years, and the
representative of the private sector for one year.
3. The Clerk of the Supreme Court shall be the
Secretary ex officio of the Council and shall keep
a record of its proceedings.
4. The regular Members of the Council shall receive
such emoluments as may be determined by the
Supreme Court. The Supreme Court shall provide
in its annual budget the appropriations for the
Council.
5. The Council shall have the principal function of
recommending appointees to the judiciary. It
may exercise such other functions and duties as
the Supreme Court may assign to it.
Section 9. The Members of the Supreme Court and
judges of lower courts shall be appointed by the
President from a list of at least three nominees
preferred by the Judicial and Bar Council for every
vacancy. Such appointments need no confirmation.
For the lower courts, the President shall issued the
appointment within ninety days from the submission of
the list.
Section 10. The salary of the Chief Justice and of the
Associate Justices of the Supreme Court, and of judges of
lower courts shall be fixed by law. During the
continuance in office, their salary shall not be decreased.
Section 11. The Members of the Supreme Court and
judges of the lower court shall hold office during good
behavior until they reach the age of seventy years or
become incapacitated to discharge the duties of their
office. The Supreme Court en banc shall have the power
to discipline judges of lower courts, or order their
dismissal by a vote of majority of the Members who
actually took part in the deliberations on the issues in the
case and voted in thereon.
Section 12. The Members of the Supreme Court and of
other courts established by law shall not be designated to
any agency performing quasi-judicial or administrative
function.
Section 13. The conclusions of the Supreme Court in any
case submitted to it for the decision en banc or in
division shall be reached in consultation before the case
the case
assigned to a Member for the writing of the opinion of
the Court. A certification to this effect signed by the
Chief Justice shall be issued and a copy thereof attached
to the record of the case and served upon the parties.
Any Member who took no part, or dissented, or
abstained from a decision or resolution must state the
reason therefor. The same requirements shall be
observed by all lower collegiate court.
Section 14. No decision shall be rendered by any court
without expressing therein clearly and distinctly the
facts and the law on which it is based.
No petition for review or motion for reconsideration of a
decision of the court shall be refused due course or
denied without stating the legal basis therefor.
Section 15.
1. All cases or matters filed after the effectivity of
this Constitution must be decided or resolved
within twenty-four months from date of
submission for the Supreme Court, and, unless
reduced by the Supreme Court, twelve months
for all lower collegiate courts, and three months
for all other lower courts.
2. A case or matter shall be deemed submitted for
decision or resolution upon the filing of the last
pleading, brief, or memorandum required by the
Rules of Court or by the court itself.
3. Upon the expiration of the corresponding
period, a certification to this effect signed by the
Chief Justice or the presiding judge shall
forthwith be issued and a copy thereof attached
to the record of the case or matter, and served
upon the parties. The certification shall state
why a decision or resolution has not been
rendered or issued within said period.
4. Despite the expiration of the applicable
mandatory period, the court, without prejudice to
such responsibility as may have been incurred in
consequence thereof, shall decide or resolve the
case or matter submitted thereto for
determination, without further delay.
Section 16. The Supreme Court shall, within thirty days
from the opening of each regular session of the Congress,
submit to the President and the Congress an annual
report on the operations and activities of the Judiciary.
ARTICLE IX CONSTITUTIONAL
COMMISSION
A. COMMON PROVISIONS
Section 1. The Constitutional Commissions, which shall
be independent, are the Civil Service Commission, the
Commission on Elections, and the Commission on Audit.
Section 2. No member of a Constitutional Commission
shall, during his tenure, hold any other office or
employment. Neither shall he engage in the practice of
any profession or in the active management or control of
any business which, in any way, may be affected by the
functions of his office, nor shall he be financially
interested, directly or indirectly, in any contract with, or in
any franchise or privilege granted by the Government,
any of its subdivisions, agencies, or instrumentalities,
including government-owned or controlled corporations
or their subsidiaries.
Section 3. The salary of the Chairman and the
Commissioners shall be fixed by law and shall not be
decreased during their tenure.
Section 4. The Constitutional Commissions shall appoint
their officials and employees in accordance with law.
Section 5. The Commission shall enjoy fiscal autonomy.
Their approved annual appropriations shall be
automatically and regularly released.
Section 6. Each Commission en banc may promulgate its
own rules concerning pleadings and practice before it or
before any of its offices. Such rules, however, shall not
diminish, increase, or modify substantive rights.
Section 7. Each Commission shall decide by a majority
vote of all its Members, any case or matter brought
before it within sixty days from the date of its
submission for decision or resolution. A case or matter is
deemed submitted for decision or resolution upon the
filing of the last pleading, brief, or memorandum
required by the rules of the Commission or by the
Commission itself. Unless otherwise provided by this
Constitution or by law, any decision, order, or ruling of
each Commission may be brought to the Supreme Court
on certiorari by the aggrieved party within thirty days
from receipt of a copy thereof.
Section 8. Each Commission shall perform such other
functions as may be provided by law.
B. THE CIVIL SERVICE COMMISSION
Section 1.
1. The civil service shall be administered by the Civil
Service Commission composed of a Chairman
and two Commissioners who shall be natural-
born citizens of the Philippines and, at the time
of their appointment, at least thirty-five years of
age, with proven capacity for public
administration, and must not have been
candidates for any elective position in the elections
immediately preceding their appointment.
2. The Chairman and the Commissioners shall be
appointed by the President with the consent of
the Commission on Appointments for a term of
seven years without reappointment. Of those first
appointed, the Chairman shall hold office for
seven years, a Commissioner for five years, and
another Commissioner for three years, without
reappointment. Appointment to any vacancy
shall be only for the unexpired term of the
predecessor. In no case shall any Member be
appointed or designated in a temporary or acting
capacity.
Section 2.
1. The civil service embraces all branches,
subdivisions, instrumentalities, and agencies of
the Government, including government-owned
or controlled corporations with original charters.
2. Appointments in the civil service shall be made
only according to merit and fitness to be
determined, as far as practicable, and, except to
positions which are policy-determining, primarily
confidential, or highly technical, by competitive
examination.
3. No officer or employee of the civil service shall be
removed or suspended except for cause provided
by law.
4. No officer or employee in the civil service shall
engage, directly or indirectly, in any
electioneering or partisan political campaign.
5. The right to self-organization shall not be denied
to government employees.
6. Temporary employees of the Government shall
be given such protection as may be provided by
law.
Section 3. The Civil Service Commission, as the central
personnel agency of the Government, shall establish a
career service and adopt measures to promote morale,
efficiency, integrity, responsiveness, progressiveness, and
courtesy in the civil service. It shall strengthen the merit
and rewards system, integrate all human resources
development programs for all levels and ranks, and
institutionalize a management climate conducive to
public accountability. It shall submit to the President and
the Congress an annual report on its personnel programs.
Section 4. All public officers and employees shall take an
oath or affirmation to uphold and defend this
Constitution.
Section 5. The Congress shall provide for the
standardization of compensation of government officials
and employees, including those in government-owned
or controlled corporations with original charters, taking
into account the nature of the responsibilities pertaining
to, and the qualifications required for, their positions.
Section 6. No candidate who has lost in any election,
shall within one year after such election, be appointed to
any office in the Government or any Government-owned
or controlled corporations or in any of their subsidiaries.
Section 7. No elective official shall be eligible for
appointment or designation in any capacity to any public
office or position during his tenure.
Unless otherwise allowed by law or by the primary
functions of his position, no appointive official shall hold
any other office or employment in the Government or
any subdivision, agency or instrumentality thereof,
including Government-owned or controlled corporations
or their subsidiaries.
Section 8. No elective or appointive public officer or
employee shall receive additional, double, or indirect
compensation, unless specifically authorized by law, nor
accept without the consent of the Congress, any present,
emolument, office, or title of any kind from any foreign
government.
Pensions or gratuities shall not be considered as
additional, double, or indirect compensation.
C. THE COMMISSION ON ELECTIONS
Section 1.
1. There shall be a Commission on Elections
composed of a Chairman and six Commissioners
who shall be natural-born citizens of the
Philippines and, at the time of their
appointment, at least thirty-five years of age,
holders of a college degree, and must not have
been candidates for any elective positions in the
immediately preceding elections. However, a
majority thereof, including the Chairman, shall
be members of the Philippine Bar who have
been engaged in the practice of law for at least
ten years.
2. The Chairman and the Commissioners shall be
appointed by the President with the consent of
the Commission on Appointments for a term of
seven years without reappointment. Of those first
appointed, three Members shall hold office for
seven years, two Members for five years, and the
last Members for three years, without
reappointment. Appointment to any vacancy
shall be only for the unexpired term of the
predecessor. In no case shall any Member be
appointed or designated in a temporary or acting
capacity.
Section 2. The Commission on Elections shall exercise
the following powers and functions:
 1. Enforce and administer all laws and regulations
relative to the conduct of an election, plebiscite,
initiative, referendum, and recall.
2. Exercise exclusive original jurisdiction over all
contests relating to the elections, returns, and
qualifications of all elective regional, provincial,
and city officials, and appellate jurisdiction over
all contests involving elective municipal officials
decided by trial courts of general jurisdiction, or
involving elective barangay officials decided by
trial courts of limited jurisdiction.
3. Decisions, final orders, or rulings of the
Commission on election contests involving
elective municipal and barangay offices shall be
final, executory, and not appealable.
4. Decide, except those involving the right to vote,
all questions affecting elections, including
determination of the number and location of
polling places, appointment of election officials
and inspectors, and registration of voters.
5. Deputize, with the concurrence of the President,
law enforcement agencies and instrumentalities
of the Government, including the Armed Forces
of the Philippines, for the exclusive purpose of
ensuring free, orderly, honest, peaceful, and
credible elections.
6. Register, after sufficient publication, political
parties, organizations, or coalitions which, in
addition to other requirements, must present
their platform or program of government; and
accredit citizens' arms of the Commission on
Elections. Religious denominations and sects
shall not be registered. Those which seek to
achieve their goals through violence or unlawful
means, or refuse to uphold and adhere to this
Constitution, or which are supported by any
foreign government shall likewise be refused
registration.
7. Financial contributions from foreign
governments and their agencies to political
parties, organizations, coalitions, or candidates
related to elections, constitute interference in
national affairs, and, when accepted, shall be an
additional ground for the cancellation of their
registration with the Commission, in addition to
other penalties that may be prescribed by law.
8. File, upon a verified complaint, or on its own
initiative, petitions in court for inclusion or
exclusion of voters; investigate and, where
appropriate, prosecute cases of violations of
election laws, including acts or omissions
constituting election frauds, offenses, and
malpractices.
9. Recommend to the Congress effective measures
to minimize election spending, including
limitation of places where propaganda materials
shall be posted, and to prevent and penalize all
forms of election frauds, offenses, malpractices,
and nuisance candidacies.
10. Recommend to the President the removal of any
officer or employee it has deputized, or the
imposition of any other disciplinary action, for
violation or disregard of, or disobedience to, its
directive, order, or decision.
11. Submit to the President and the Congress, a
comprehensive report on the conduct of each
election, plebiscite, initiative, referendum, or
recall.
Section 3. The Commission on Elections may sit en banc
or in two divisions, and shall promulgate its rules of
procedure in order to expedite disposition of election
cases, including pre- proclamation controversies. All such
election cases shall be heard and decided in division,
provided that motions for reconsideration of decisions
shall be decided by the Commission en banc.
Section 4. The Commission may, during the election
period, supervise or regulate the enjoyment or
utilization of all franchises or permits for the operation
of transportation and other public utilities, media of
communication or information, all grants, special
privileges, or concessions granted by the Government or
any subdivision, agency, or instrumentality thereof,
including any government-owned or controlled
corporation or its subsidiary. Such supervision or
regulation shall aim to ensure equal opportunity, time,
and space ,and the right to reply, including reasonable,
equal rates therefor, for public information campaigns
and forums among candidates in connection with the
objective of holding free, orderly, honest, peaceful, and
credible elections.
Section 5. No pardon, amnesty, parole, or suspension of
sentence for violation of election laws, rules, and
regulations shall be granted by the President without the
favorable recommendation of the Commission.
Section 6. A free and open party system shall be allowed
to evolve according to the free choice of the people,
subject to the provisions of this Article.
Section 7. No votes cast in favor of a political party,
organization, or coalition shall be valid, except for those
registered under the party-list system as provided in this
Constitution.
Section 8. Political parties, or organizations or coalitions
registered under the party-list system, shall not be
represented in the voters' registration boards, boards of
election inspectors, boards of canvassers, or other
similar bodies. However, they shall be entitled to
appoint poll watchers in accordance with law.
Section 9. Unless otherwise fixed by the Commission in
special cases, the election period shall commence ninety
days before the day of election and shall end thirty days
thereafter.
Section 10. Bona fide candidates for any public office
shall be free from any form of harassment and
discrimination.
Section 11. Funds certified by the Commission as
necessary to defray the expenses for holding regular and
special elections, plebiscites, initiatives, referenda, and
recalls, shall be provided in the regular or special
appropriations and, once approved, shall be released
automatically upon certification by the Chairman of the
Commission
D. THE COMMISSION ON AUDIT
Section 1.
1. There shall be a Commission on Audit composed
of a Chairman and two Commissioners, who shall
be natural-born citizens of the Philippines and, at
the time of their appointment, at least thirty-five
years of age, Certified Public Accountants with
not less than ten years of auditing experience, or
members of the Philippine Bar who have been
engaged in the practice of law for at least ten
years, and must not have been candidates for any
elective position in the elections immediately
preceding their appointment. At no time shall all
Members of the Commission belong to the same
profession.
2. The Chairman and the Commissioners shall be
appointed by the President with the consent of
the Commission on Appointments for a term of
seven years without reappointment. Of those first
appointed, the Chairman shall hold office for
seven years, one Commissioner for five years, and
the other Commissioner for three years, without
 reappointment. Appointment to any vacancy municipalities, and barangays. There shall be
shall be only for the unexpired portion of the term
of the predecessor. In no case shall any Member
be appointed or designated in a temporary or
acting capacity.

Section 2.
1. The Commission on Audit shall have the power,
authority, and duty to examine, audit, and settle all
accounts pertaining to the revenue and receipts
of, and expenditures or uses of funds and
property, owned or held in trust by, or pertaining
to, the Government, or any of its subdivisions,
agencies, or instrumentalities, including
government-owned or controlled corporations
with original charters, and on a post- audit basis:
1. constitutional bodies, commissions
and offices that have been granted
fiscal autonomy under this
Constitution;

2. autonomous state colleges

and universities;

3. other government-owned or
controlled corporations and their
subsidiaries; and

4. such non-governmental entities receiving

subsidy or equity, directly or indirectly,
from or through the Government, which
are required by law or the granting
institution to submit to such audit as a
condition of subsidy or equity. However,
where the internal control system of the
audited agencies is inadequate, the
Commission may adopt such measures,
including temporary or special pre-audit,
as are necessary and appropriate to
correct the deficiencies. It shall keep the
general accounts of the Government
and, for such period as may be provided
by law, preserve the vouchers and other
supporting papers pertaining thereto.
2. The Commission shall have exclusive authority,
subject to the limitations in this Article, to define
the scope of its audit and examination, establish
the techniques and methods required therefor,
and promulgate accounting and auditing rules
and regulations, including those for the
prevention and disallowance of irregular,
unnecessary, excessive, extravagant, or
unconscionable expenditures or uses of
government funds and properties.

Section 3. No law shall be passed exempting any entity of

the Government or its subsidiaries in any guise whatever,
or any investment of public funds, from the jurisdiction of
the Commission on Audit.
Section 4. The Commission shall submit to the President
and the Congress, within the time fixed by law, an annual
report covering the financial condition and operation of
the Government, its subdivisions, agencies, and
instrumentalities, including government-owned or
controlled corporations, and non-governmental entities
subject to its audit, and recommend measures necessary
to improve their effectiveness and efficiency. It shall
submit such other reports as may be required by law.

ARTICLE X LOCAL GOVERNMENT

GENERAL PROVISIONS

Section 1. The territorial and political subdivisions of the

Republic of the Philippines are the provinces, cities,
autonomous regions in Muslim Mindanao and the composed of local government officials, regional heads
Cordilleras as hereinafter provided. of
Section 2. The territorial and political subdivisions shall
enjoy local autonomy.
Section 3. The Congress shall enact a local government
code which shall provide for a more responsive and
accountable local government structure instituted
through a system of decentralization with effective
mechanisms of recall, initiative, and referendum,
allocate among the different local government units
their powers, responsibilities, and resources, and
provide for the qualifications, election, appointment
and removal, term, salaries, powers and functions and
duties of local officials, and all other matters relating to
the organization and operation of the local units.
Section 4. The President of the Philippines shall
exercise general supervision over local governments.
Provinces with respect to component cities and
municipalities, and cities and municipalities with
respect to component barangays, shall ensure that the
acts of their component units are within the scope of
their prescribed powers and functions.
Section 5. Each local government unit shall have the
power to create its own sources of revenues and to levy
taxes, fees and charges subject to such guidelines and
limitations as the Congress may provide, consistent with
the basic policy of local autonomy. Such taxes, fees, and
charges shall accrue exclusively to the local
governments.
Section 6. Local government units shall have a just
share, as determined by law, in the national taxes
which shall be automatically released to them.
Section 7. Local governments shall be entitled to an
equitable share in the proceeds of the utilization and
development of the national wealth within their
respective areas, in the manner provided by law,
including sharing the same with the inhabitants by way
of direct benefits.
Section 8. The term of office of elective local officials,
except barangay officials, which shall be determined by
law, shall be three years and no such official shall serve
for more than three consecutive terms. Voluntary
renunciation of the office for any length of time shall not
be considered as an interruption in the continuity of his
service for the full term for which he was elected.
Section 9. Legislative bodies of local governments shall
have sectoral representation as may be prescribed by
law.
Section 10. No province, city, municipality, or barangay
may be created, divided, merged, abolished, or its
boundary substantially altered, except in accordance
with the criteria established in the local government
code and subject to approval by a majority of the votes
cast in a plebiscite in the political units directly
affected.
Section 11. The Congress may, by law, create special
metropolitan political subdivisions, subject to a
plebiscite as set forth in Section 10 hereof. The
component cities and municipalities shall retain their
basic autonomy and shall be entitled to their own local
executive and legislative assemblies. The jurisdiction of
the metropolitan authority that will thereby be created
shall be limited to basic services requiring coordination.
Section 12. Cities that are highly urbanized, as
determined by law, and component cities whose
charters prohibit their voters from voting for provincial
elective officials, shall be 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 provincial
officials.
Section 13. Local government units may group
themselves, consolidate or coordinate their efforts,
services, and resources for purposes commonly beneficial
to them in accordance with law.
Section 14. The President shall provide for regional
development councils or other similar bodies
departments and other government offices, and
representatives from non-governmental organizations
within the regions for purposes of administrative
decentralization to strengthen the autonomy of the units
therein and to accelerate the economic and social
growth and development of the units in the region.
AUTONOMOUS REGIONS
Section 15. There shall be created autonomous regions
in Muslim Mindanao and in the Cordilleras consisting of
provinces, cities, municipalities, and geographical areas
sharing common and distinctive historical and cultural
heritage, economic and social structures, and other
relevant characteristics within the framework of this
Constitution and the national sovereignty as well as
territorial integrity of the Republic of the Philippines.
Section 16. The President shall exercise general
supervision over autonomous regions to ensure that laws
are faithfully executed.
Section 17. All powers, functions, and responsibilities not
granted by this Constitution or by law to the autonomous
regions shall be vested in the National Government.
Section 18. The Congress shall enact an organic act for
each autonomous region with the assistance and
participation of the regional consultative commission
composed of representatives appointed by the President
from a list of nominees from multi-sectoral bodies. The
organic act shall define the basic structure of
government for the region consisting of the executive
department and legislative assembly, both of which shall
be elective and representative of the constituent political
units. The organic acts shall likewise provide for special
courts with personal, family, and property law jurisdiction
consistent with the provisions of this Constitution and
national laws.
The creation of the autonomous region shall be effective
when approved by majority of the votes cast by the
constituent units in a plebiscite called for the purpose,
provided that only provinces, cities, and geographic
areas voting favorably in such plebiscite shall be
included in the autonomous region.
Section 19. The first Congress elected under this
Constitution shall, within eighteen months from the time
of organization of both Houses, pass the organic acts for
the autonomous regions in Muslim Mindanao and the
Cordilleras.
Section 20. Within its territorial jurisdiction and subject to
the provisions of this Constitution and national laws, the
organic act of autonomous regions shall provide for
legislative powers over:
1. Administrative organization;
2. Creation of sources of revenues;
3. Ancestral domain and natural resources;
4. Personal, family, and property relations;
5. Regional urban and rural planning development;
6. Economic, social, and tourism development;
7. Educational policies;
8. Preservation and development of the
cultural heritage; and
9. Such other matters as may be authorized by
law for the promotion of the general welfare of
the people of the region.
Section 21. The preservation of peace and order within
the regions shall be the responsibility of the local police
agencies which shall be organized, maintained,
supervised, and utilized in accordance with applicable
laws. The defense and security of the regions shall be the
responsibility of the National Government.
ARTICLE XI ACCOUNTABILITY OF PUBLIC
OFFICERS
Section 1. Public office is a public trust. Public officers
and employees must, at all times, be accountable to the
people, serve them with utmost responsibility, integrity,
loyalty, and efficiency; act with patriotism and justice, and
lead modest lives.
Section 2. The President, the Vice-President, the
Members of the Supreme Court, the Members of the
Constitutional Commissions, and the Ombudsman may
be removed from office on impeachment for, and
conviction of, culpable violation of the Constitution,
treason, bribery, graft and corruption, other high crimes,
or betrayal of public trust. All other public officers and
employees may be removed from office as provided by
law, but not by impeachment.
Section 3.
1. The House of Representatives shall have the
exclusive power to initiate all cases of
impeachment.
2. A verified complaint for impeachment may be
filed by any Member of the House of
Representatives or by any citizen upon a
resolution or endorsement by any Member
thereof, which shall be included in the Order of
Business within ten session days, and referred to
the proper Committee within three session days
thereafter. The Committee, after hearing, and by
a majority vote of all its Members, shall submit
its report to the House within sixty session days
from such referral, together with the
corresponding resolution. The resolution shall be
calendared for consideration by the House
within ten session days from receipt thereof.
3. A vote of at least one-third of all the Members of
the House shall be necessary either to affirm a
favorable resolution with the Articles of
Impeachment of the Committee, or override its
contrary resolution. The vote of each Member
shall be recorded.
4. In case the verified complaint or resolution of
impeachment is filed by at least one-third of all
the Members of the House, the same shall
constitute the Articles of Impeachment, and trial
by the Senate shall forthwith proceed.
5. No impeachment proceedings shall be initiated
against the same official more than once within
a period of one year.
6. The Senate shall have the sole power to try and
decide all cases of impeachment. When sitting
for that purpose, the Senators shall be on oath or
affirmation. When the President of the
Philippines is on trial, the Chief Justice of the
Supreme Court shall preside, but shall not vote.
No person shall be convicted without the
concurrence of two-thirds of all the Members of
the Senate.
7. Judgment in cases of impeachment shall not
extend further than removal from office and
disqualification to hold any office under the
Republic of the Philippines, but the party
convicted shall nevertheless be liable and
subject to prosecution, trial, and punishment,
according to law.
8. The Congress shall promulgate its rules on
impeachment to effectively carry out the
purpose of this section.

Section 4. The present anti-graft court known as the
Sandiganbayan shall continue to function and exercise its
jurisdiction as now or hereafter may be provided by law.
Section 5. There is hereby created the independent
Office of the Ombudsman, composed of the
Ombudsman to be known as Tanodbayan, one overall
Deputy and at least one Deputy each for Luzon, Visayas,
and Mindanao. A separate Deputy for the military
establishment may likewise be appointed.
Section 6. The officials and employees of the Office of
the Ombudsman, other than the Deputies, shall be
appointed by the Ombudsman, according to the Civil
Service Law.
Section 7. The existing Tanodbayan shall hereafter be
known as the Office of the Special Prosecutor. It shall
continue to function and exercise its powers as now or
hereafter may be provided by law, except those conferred
on the Office of the Ombudsman created under this
Constitution.
Section 8. The Ombudsman and his Deputies shall be
natural-born citizens of the Philippines, and at the time
of their appointment, at least forty years old, of
recognized probity and independence, and members of
the Philippine Bar, and must not have been candidates
for any elective office in the immediately preceding
election. The Ombudsman must have, for ten years or
more, been a judge or engaged in the practice of law in
the Philippines.
During their tenure, they shall be subject to the same
disqualifications and prohibitions as provided for in
Section 2 of Article 1X-A of this Constitution.
Section 9. The Ombudsman and his Deputies shall be
appointed by the President from a list of at least six
nominees prepared by the Judicial and Bar Council, and
from a list of three nominees for every vacancy
thereafter. Such appointments shall require no
confirmation. All vacancies shall be filled within three
months after they occur.
Section 10. The Ombudsman and his Deputies shall have
the rank of Chairman and Members, respectively, of the
Constitutional Commissions, and they shall receive the
same salary which shall not be decreased during their
term of office.
Section 11. The Ombudsman and his Deputies shall serve
for a term of seven years without reappointment. They
shall not be qualified to run for any office in the election
immediately succeeding their cessation from office.
Section 12. The Ombudsman and his Deputies, as
protectors of the people, shall act promptly on
complaints filed in any form or manner against public
officials or employees of the Government, or any
subdivision, agency or instrumentality thereof, including
government-owned or controlled corporations, and
shall, in appropriate cases, notify the complainants of
the action taken and the result thereof.
Section 13. The Office of the Ombudsman shall have the
following powers, functions, and duties:
1. Investigate on its own, or on complaint by any
person, any act or omission of any public official,
employee, office or agency, when such act or
omission appears to be illegal, unjust, improper,
or inefficient.
2. Direct, upon complaint or at its own instance,
any public official or employee of the
Government, or any subdivision, agency or
instrumentality thereof, as well as of any
government-owned or controlled corporation
with original charter, to perform and expedite
any act or duty required by law, or to stop,
prevent, and correct any abuse or impropriety in
the performance of duties.
3. Direct the officer concerned to take appropriate
action against a public official or employee at
fault, and recommend his removal, suspension,
demotion, fine, censure, or prosecution, and
ensure compliance therewith.
4. Direct the officer concerned, in any appropriate
case, and subject to such limitations as may be
provided by law, to furnish it with copies of
documents relating to contracts or transactions
entered into by his office involving the
disbursement or use of public funds or
properties, and report any irregularity to the
Commission on Audit for appropriate action.
5. Request any government agency for assistance
and information necessary in the discharge of its
responsibilities, and to examine, if necessary,
pertinent records and documents.
6. Publicize matters covered by its investigation
when circumstances so warrant and with due
prudence.
7. Determine the causes of inefficiency, red tape,
mismanagement, fraud, and corruption in the
Government and make recommendations for
their elimination and the observance of high
standards of ethics and efficiency.
8. Promulgate its rules of procedure and exercise
such other powers or perform such functions or
duties as may be provided by law.
Section 14. The Office of the Ombudsman shall enjoy
fiscal autonomy. Its approved annual appropriations shall
be automatically and regularly released.
Section 15. The right of the State to recover properties
unlawfully acquired by public officials or employees, from
them or from their nominees or transferees, shall not be
barred by prescription, laches, or estoppel.
Section 16. No loan, guaranty, or other form of financial
accommodation for any business purpose may be
granted, directly or indirectly, by any government-
owned or controlled bank or financial institution to the
President, the Vice-President, the Members of the
Cabinet, the Congress, the Supreme Court, and the
Constitutional Commissions, the Ombudsman, or to any
firm or entity in which they have controlling interest,
during their tenure.
Section 17. A public officer or employee shall, upon
assumption of office and as often thereafter as may be
required by law, submit a declaration under oath of his
assets, liabilities, and net worth. In the case of the
President, the Vice-President, the Members of the
Cabinet, the Congress, the Supreme Court, the
Constitutional Commissions and other constitutional
offices, and officers of the armed forces with general or
flag rank, the declaration shall be disclosed to the public
in the manner provided by law.
Section 18. Public officers and employees owe the State
and this Constitution allegiance at all times and any
public officer or employee who seeks to change his
citizenship or acquire the status of an immigrant of
another country during his tenure shall be dealt with by
law.
ARTICLE XII NATIONAL ECONOMY AND
PATRIMONY
Section 1. The goals of the national economy are a more
equitable distribution of opportunities, income, and
wealth; a sustained increase in the amount of goods and
services produced by the nation for the benefit of the
people; and an expanding productivity as the key to
raising the quality of life for all, especially the
underprivileged.
The State shall promote industrialization and full
employment based on sound agricultural development
and agrarian reform, through industries that make full of
efficient use of human and natural resources, and which
are competitive in both domestic and foreign markets.
However, the State shall protect Filipino enterprises
against unfair foreign competition and trade practices.
In the pursuit of these goals, all sectors of the economy
and all region s of the country shall be given optimum
opportunity to develop. Private enterprises, including
corporations, cooperatives, and similar collective
organizations, shall be encouraged to broaden the base
of their ownership.
Section 2. All lands of the public domain, waters,
minerals, coal, petroleum, and other mineral oils, all
forces of potential energy, fisheries, forests or timber,
wildlife, flora and fauna, and other natural resources are
owned by the State. With the exception of agricultural
lands, all other natural resources shall not be alienated.
The exploration, development, and utilization of natural
resources shall be under the full control and supervision
of the State. The State may directly undertake such
activities, or it may enter into co-production, joint
venture, or production-sharing agreements with Filipino
citizens, or corporations or associations at least 60 per
centum of whose capital is owned by such citizens. Such
agreements may be for a period not exceeding twenty-
five years, renewable for not more than twenty-five
years, and under such terms and conditions as may
provided by law. In cases of water rights for irrigation,
water supply, fisheries, or industrial uses other than the
development of waterpower, beneficial use may be the
measure and limit of the grant.
The State shall protect the nations marine wealth in its
archipelagic waters, territorial sea, and exclusive
economic zone, and reserve its use and enjoyment
exclusively to Filipino citizens.
The Congress may, by law, allow small-scale utilization of
natural resources by Filipino citizens, as well as
cooperative fish farming, with priority to subsistence
fishermen and fish workers in rivers, lakes, bays, and
lagoons.
The President may enter into agreements with foreign-
owned corporations involving either technical or
financial assistance for large-scale exploration,
development, and utilization of minerals, petroleum,
and other mineral oils according to the general terms
and conditions provided by law, based on real
contributions to the economic growth and general
welfare of the country. In such agreements, the State
shall promote the development and use of local
scientific and technical resources.
The President shall notify the Congress of every contract
entered into in accordance with this provision, within
thirty days from its execution.
Section 3. Lands of the public domain are classified into
agricultural, forest or timber, mineral lands and national
parks. Agricultural lands of the public domain may be
further classified by law according to the uses to which
they may be devoted. Alienable lands of the public
domain shall be limited to agricultural lands. Private
corporations or associations may not hold such alienable
lands of the public domain except by lease, for a period
not exceeding twenty-five years, renewable for not more
than twenty-five years, and not to exceed one thousand
hectares in area. Citizens of the Philippines may lease not
more than five hundred hectares, or acquire not more
than twelve hectares thereof, by purchase, homestead, or
grant.
Taking into account the requirements of conservation,
ecology, and development, and subject to the
requirements of agrarian reform, the Congress shall
determine, by law, the size of lands of the public domain
which may be acquired, developed, held, or leased and
the conditions therefor.
Section 4. The Congress shall, as soon as possible,
determine, by law, the specific limits of forest lands and
national parks, marking clearly their boundaries on the
ground. Thereafter, such forest lands and national parks
shall be conserved and may not be increased nor
diminished, except by law. The Congress shall provide for
such period as it may determine, measures to prohibit
logging in endangered forests and watershed areas.
Section 5. The State, subject to the provisions of this
Constitution and national development policies and
programs, shall protect the rights of indigenous cultural
communities to their ancestral lands to ensure their
economic, social, and cultural well-being.
The Congress may provide for the applicability of
customary laws governing property rights or relations in
determining the ownership and extent of ancestral
domain.
Section 6. The use of property bears a social function, and
all economic agents shall contribute to the common
good. Individuals and private groups, including
corporations, cooperatives, and similar collective
organizations, shall have the right to own, establish, and
operate economic enterprises, subject to the duty of the
State to promote distributive justice and to intervene
when the common good so demands.
Section 7. Save in cases of hereditary succession, no
private lands shall be transferred or conveyed except to
individuals, corporations, or associations qualified to
acquire or hold lands of the public domain.
Section 8. Notwithstanding the provisions of Section 7 of
this Article, a natural-born citizen of the Philippines who
has lost his Philippine citizenship may be a transferee of
private lands, subject to limitations provided by law.
Section 9. The Congress may establish an independent
economic and planning agency headed by the President,
which shall, after consultations with the appropriate
public agencies, various private sectors, and local
government units, recommend to Congress, and
implement continuing integrated and coordinated
programs and policies for national development.
Until the Congress provides otherwise, the National
Economic and Development Authority shall function as
the independent planning agency of the government.
Section 10. The Congress shall, upon recommendation of
the economic and planning agency, when the national
interest dictates, reserve to citizens of the Philippines or
to corporations or associations at least sixty per centum
of whose capital is owned by such citizens, or such
higher percentage as Congress may prescribe, certain
areas of investments. The Congress shall enact measures
that will encourage the formation and operation of
enterprises whose capital is wholly owned by Filipinos.
In the grant of rights, privileges, and concessions
covering the national economy and patrimony, the State
shall give preference to qualified Filipinos.
The State shall regulate and exercise authority over
foreign investments within its national jurisdiction and in
accordance with its national goals and priorities.
Section 11. No franchise, certificate, or any other form of
authorization for the operation of a public utility shall be
granted except to citizens of the Philippines or to
corporations or associations organized under the laws of
the Philippines, at least sixty per centum of whose capital
is owned by such citizens; nor shall such franchise,
certificate, or authorization be exclusive in character or for
a longer period than fifty years. Neither shall any such
franchise or right be granted except under the condition
that it shall be subject to amendment, alteration, or
repeal by the Congress when the common good so
requires. The State shall encourage equity participation in
public utilities by the general public. The participation of
foreign investors in the governing body of any public
utility enterprise shall be limited to their proportionate
share in its capital, and all the executive and managing
officers of such corporation or association must be
citizens of the Philippines.
Section 12. The State shall promote the preferential use of
Filipino labor, domestic materials and locally produced
goods, and adopt measures that help make them
competitive.
Section 13. The State shall pursue a trade policy that
serves the general welfare and utilizes all forms and
arrangements of exchange on the basis of equality and
reciprocity.
Section 14. The sustained development of a reservoir of
national talents consisting of Filipino scientists,
entrepreneurs, professionals, managers, high-level
technical manpower and skilled workers and craftsmen in
all fields shall be promoted by the State. The State shall
encourage appropriate technology and regulate its
transfer for the national benefit. The practice of all
professions in the Philippines shall be limited to Filipino
citizens, save in cases prescribed by law.
Section 15. The Congress shall create an agency to
promote the viability and growth of cooperatives as
instruments for social justice and economic
development.
Section 16. The Congress shall not, except by general
law, provide for the formation, organization, or
regulation of private corporations. Government-owned
or controlled corporations may be created or established
by special charters in the interest of the common good
and subject to the test of economic viability.
Section 17. In times of national emergency, when the
public interest so requires, the State may, during the
emergency and under reasonable terms prescribed by it,
temporarily take over or direct the operation of any
privately-owned public utility or business affected with
public interest.
Section 18. The State may, in the interest of national
welfare or defense, establish and operate vital industries
and, upon payment of just compensation, transfer to
public ownership utilities and other private enterprises to
be operated by the Government.
Section 19. The State shall regulate or prohibit
monopolies when the public interest so requires. No
combinations in restraint of trade or unfair competition
shall be allowed.
Section 20. The Congress shall establish an independent
central monetary authority, the members of whose
governing board must be natural-born Filipino citizens,
of known probity, integrity, and patriotism, the majority
of whom shall come from the private sector. They shall
also be subject to such other qualifications and
disabilities as may be prescribed by law. The authority
shall provide policy direction in the areas of money,
banking, and credit. It shall have supervision over the
operations of banks and exercise such regulatory powers
as may be provided by law over the operations of
finance companies and other institutions performing
similar functions.
Until the Congress otherwise provides, the Central Bank
of the Philippines operating under existing laws, shall
function as the central monetary authority.
Section 21. Foreign loans may only be incurred in
accordance with law and the regulation of the monetary
authority. Information on foreign loans obtained or
guaranteed by the Government shall be made available
to the public.
Section 22. Acts which circumvent or negate any of the
provisions of this Article shall be considered inimical to
the national interest and subject to criminal and civil
sanctions, as may be provided by law.
ARTICLE XIII SOCIAL JUSTICE AND
HUMAN RIGHTS
Section 1. The Congress shall give highest priority to the
enactment of measures that protect and enhance the
© Compiled by RGL
right of all the people to human dignity, reduce social,
economic, and political inequalities, and remove cultural
inequities by equitably diffusing wealth and political
power for the common good.
To this end, the State shall regulate the acquisition,
ownership, use, and disposition of property and its
increments.
Section 2. The promotion of social justice shall include
the commitment to create economic opportunities based
on freedom of initiative and self-reliance.
LABOR
Section 3. The State shall afford full protection to labor,
local and overseas, organized and unorganized, and
promote full employment and equality of employment
opportunities for all.
It shall guarantee the rights of all workers to self-
organization, collective bargaining and negotiations, and
peaceful concerted activities, including the right to strike in
accordance with law. They shall be entitled to security of
tenure, humane conditions of work, and a living wage.
They shall also participate in policy and decision-making
processes affecting their rights and benefits as may be
provided by law.
The State shall promote the principle of shared
responsibility between workers and employers and the
preferential use of voluntary modes in settling disputes,
including conciliation, and shall enforce their mutual
compliance therewith to foster industrial peace.
The State shall regulate the relations between workers
and employers, recognizing the right of labor to its just
share in the fruits of production and the right of
enterprises to reasonable returns to investments, and to
expansion and growth.
AGRARIAN AND NATURAL RESOURCES
REFORM
Section 4. The State shall, by law, undertake an agrarian
reform program founded on the right of farmers and
regular farmworkers who are landless, to own directly or
collectively the lands they till or, in the case of other
farmworkers, to receive a just share of the fruits thereof.
To this end, the State shall encourage and undertake the
just distribution of all agricultural lands, subject to such
priorities and reasonable retention limits as the Congress
may prescribe, taking into account ecological,
developmental, or equity considerations, and subject to
the payment of just compensation. In determining
retention limits, the State shall respect the right of small
landowners. The State shall further provide incentives for
voluntary land-sharing.
Section 5. The State shall recognize the right of farmers,
farmworkers, and landowners, as well as cooperatives,
and other independent farmers' organizations to
participate in the planning, organization, and
management of the program, and shall provide support
to agriculture through appropriate technology and
research, and adequate financial, production, marketing,
and other support services.
Section 6. The State shall apply the principles of agrarian
reform or stewardship, whenever applicable in
accordance with law, in the disposition or utilization of
other natural resources, including lands of the public
domain under lease or concession suitable to agriculture,
subject to prior rights, homestead rights of small settlers,
and the rights of indigenous communities to their
ancestral lands. The State may resettle landless farmers
and farmworkers in its own agricultural estates which
shall be distributed to them in the manner provided by
law.
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Section 7. The State shall protect the rights of
subsistence fishermen, especially of local communities, to
the preferential use of the communal marine and fishing
resources, both inland and offshore. It shall provide
support to such fishermen through appropriate
technology and research, adequate financial, production,
and marketing assistance, and other services. The State
shall also protect, develop, and conserve such resources.
The protection shall extend to offshore fishing grounds of
subsistence fishermen against foreign intrusion.
Fishworkers shall receive a just share from their labor in
the utilization of marine and fishing resources.
Section 8. The State shall provide incentives to landowners
to invest the proceeds of the agrarian reform program to
promote industrialization, employment creation, and
privatization of public sector enterprises. Financial
instruments used as payment for their lands shall be
honored as equity in enterprises of their choice.
URBAN LAND REFORM AND HOUSING
Section 9. The State shall, by law, and for the common
good, undertake, in cooperation with the private sector, a
continuing program of urban land reform and housing
which will make available at affordable cost, decent
housing and basic services to under-privileged and
homeless citizens in urban centers and resettlement
areas. It shall also promote adequate employment
opportunities to such citizens. In the implementation of
such program the State shall respect the rights of small
property owners.
Section 10. Urban or rural poor dwellers shall not be
evicted nor their dwelling demolished, except in
accordance with law and in a just and humane manner.
No resettlement of urban or rural dwellers shall be
undertaken without adequate consultation with them
and the communities where they are to be relocated.
HEALTH
Section 11. The State shall adopt an integrated and
comprehensive approach to health development which
shall endeavor to make essential goods, health and other
social services available to all the people at affordable
cost. There shall be priority for the needs of the under-
privileged, sick, elderly, disabled, women, and children. The
State shall endeavor to provide free medical care to paupers.
Section 12. The State shall establish and maintain an
effective food and drug regulatory system and undertake
appropriate health, manpower development, and
research, responsive to the country's health needs and
problems.
Section 13. The State shall establish a special agency for
disabled person for their rehabilitation, self-development,
and self-reliance, and their integration into the
mainstream of society.
WOMEN
Section 14. The State shall protect working women by
providing safe and healthful working conditions, taking
into account their maternal functions, and such facilities
and opportunities that will enhance their welfare and
enable them to realize their full potential in the service of
the nation.
ROLE AND RIGHTS OF PEOPLE'S
ORGANIZATIONS
Section 15. The State shall respect the role of
independent people's organizations to enable the
people to pursue and protect, within the democratic
framework, their legitimate and collective interests and
aspirations through peaceful and lawful means.
People's organizations are bona fide associations of
citizens with demonstrated capacity to promote the
public interest and with identifiable leadership,
membership, and structure.
Section 16. The right of the people and their
organizations to effective and reasonable participation
at all levels of social, political, and economic decision-
making shall not be abridged. The State shall, by law,
facilitate the establishment of adequate consultation
mechanisms.
HUMAN RIGHTS
Section 17.
1. There is hereby created an independent office
called the Commission on Human Rights.
2. The Commission shall be composed of a
Chairman and four Members who must be
natural-born citizens of the Philippines and a
majority of whom shall be members of the Bar.
The term of office and other qualifications and
disabilities of the Members of the Commission
shall be provided by law.
3. Until this Commission is constituted, the existing
Presidential Committee on Human Rights shall
continue to exercise its present functions and
powers.
4. The approved annual appropriations of the
Commission shall be automatically and regularly
released.
Section 18. The Commission on Human Rights shall have
the following powers and functions:
1. Investigate, on its own or on complaint by any
party, all forms of human rights violations involving
civil and political rights;
2. Adopt its operational guidelines and rules of
procedure, and cite for contempt for violations
thereof in accordance with the Rules of Court;
3. Provide appropriate legal measures for the
protection of human rights of all persons within
the Philippines, as well as Filipinos residing
abroad, and provide for preventive measures
and legal aid services to the under-privileged
whose human rights have been violated or need
protection;
4. Exercise visitorial powers over jails, prisons, or
detention facilities;
5. Establish a continuing program of research,
education, and information to enhance respect
for the primacy of human rights;
6. Recommend to Congress effective measures to
promote human rights and to provide for
compensation to victims of violations of human
rights, or their families;
7. Monitor the Philippine Government's compliance
with international treaty obligations on human
rights;
 8. Grant immunity from prosecution to any person
whose testimony or whose possession of
documents or other evidence is necessary or
convenient to determine the truth in any
investigation conducted by it or under its
authority;
9. Request the assistance of any department,
bureau, office, or agency in the performance of its
Section 4.
functions;
10. Appoint its officers and employees in accordance
with law; and
11. Perform such other duties and functions as may
be provided by law.
Section 19. The Congress may provide for other cases of
violations of human rights that should fall within the
authority of the Commission, taking into account its
recommendations.
ARTICLE XIV EDUCATION, SCIENCE AND
TECHNOLOGY, ARTS, CULTURE AND
SPORTS
EDUCATION
Section 1. The State shall protect and promote the right
of all citizens to quality education at all levels, and shall
take appropriate steps to make such education accessible
to all.
Section 2. The State shall:
1. Establish, maintain, and support a complete,
adequate, and integrated system of education
relevant to the needs of the people and society;
2. Establish and maintain, a system of free public
education in the elementary and high school
levels. Without limiting the natural rights of
parents to rear their children, elementary
education is compulsory for all children of school
age;
3. Establish and maintain a system of scholarship
grants, student loan programs, subsidies, and
other incentives which shall be available to
deserving students in both public and private
schools, especially to the under-privileged;
4. Encourage non-formal, informal, and indigenous
Section 5.
learning systems, as well as self-learning,
independent, and out-of-school study programs
particularly those that respond to community
needs; and
5. Provide adult citizens, the disabled, and out-of-
school youth with training in civics, vocational
efficiency, and other skills.
Section 3.
1. All educational institutions shall include the
study of the Constitution as part of the curricula.
2. They shall inculcate patriotism and nationalism,
foster love of humanity, respect for human
rights, appreciation of the role of national heroes
in the historical development of the country,
teach the rights and duties of citizenship,
strengthen ethical and spiritual values, develop
moral character and personal discipline,
encourage critical and creative thinking, broaden
scientific and technological knowledge, and
promote vocational efficiency.
3. At the option expressed in writing by the parents
or guardians, religion shall be allowed to be
taught to their children or wards in public
elementary and high schools within the regular
class hours by instructors designated or
approved by the religious authorities of the
religion to which the children or wards belong,
without additional cost to the Government.
1. The State recognizes the complementary roles of
public and private institutions in the educational
system and shall exercise reasonable supervision
and regulation of all educational institutions.
2. Educational institutions, other than those
established by religious groups and mission
boards, shall be owned solely by citizens of the
Philippines or corporations or associations at
least sixty per centum of the capital of which is
owned by such citizens. The Congress may,
however, require increased Filipino equity
participation in all educational institutions. The
control and administration of educational
institutions shall be vested in citizens of the
Philippines.
3. No educational institution shall be established
exclusively for aliens and no group of aliens shall
comprise more than one-third of the enrollment
in any school. The provisions of this sub section
shall not apply to schools established for foreign
diplomatic personnel and their dependents and,
unless otherwise provided by law, for other
foreign temporary residents.
4. All revenues and assets of non-stock, non-profit
educational institutions used actually, directly,
and exclusively for educational purposes shall be
exempt from taxes and duties. Upon the
dissolution or cessation of the corporate
existence of such institutions, their assets shall
be disposed of in the manner provided by law.
5. Proprietary educational institutions, including
those cooperatively owned, may likewise be
entitled to such exemptions, subject to the
limitations provided by law, including restrictions
on dividends and provisions for reinvestment.
6. Subject to conditions prescribed by law, all grants,
endowments, donations, or contributions used
actually, directly, and exclusively for educational
purposes shall be exempt from tax.
1. the State shall take into account regional and
sectoral needs and conditions and shall
encourage local planning in the development of
educational policies and programs.
2. Academic freedom shall be enjoyed in all
institutions of higher learning.
3. Every citizen has a right to select a profession or
course of study, subject to fair, reasonable, and
equitable admission and academic requirements.
4. The State shall enhance the right of teachers to
professional advancement. Non-teaching
academic and non-academic personnel shall
enjoy the protection of the State.
5. The State shall assign the highest budgetary
priority to education and ensure that teaching
will attract and retain its rightful share of the
best available talents through adequate
remuneration and other means of job
satisfaction and fulfillment.

LANGUAGE
Section 6. The national language of the Philippines is
Filipino. As it evolves, it shall be further developed and
enriched on the basis of existing Philippine and other
languages.
Subject to provisions of law and as the Congress may
deem appropriate, the Government shall take steps to
initiate and sustain the use of Filipino as a medium of
official communication and as language of instruction in
the educational system.
Section 7. For purposes of communication and
instruction, the official languages of the Philippines are
Filipino and, until otherwise provided by law, English.
The regional languages are the auxiliary official
languages in the regions and shall serve as auxiliary
media of instruction therein.
Spanish and Arabic shall be promoted on a voluntary
and optional basis.
Section 8. This Constitution shall be promulgated in
Filipino and English and shall be translated into major
regional languages, Arabic, and Spanish.
Section 9. The Congress shall establish a national
language commission composed of representatives of
various regions and disciplines which shall undertake,
coordinate, and promote researches for the development,
propagation, and preservation of Filipino and other
languages.
SCIENCE AND TECHNOLOGY
Section 10. Science and technology are essential for
national development and progress. The State shall give
priority to research and development, invention,
innovation, and their utilization; and to science and
technology education, training, and services. It shall
support indigenous, appropriate, and self-reliant
scientific and technological capabilities, and their
application to the country's productive systems and
national life.
Section 11. The Congress may provide for incentives,
including tax deductions, to encourage private
participation in programs of basic and applied scientific
research. Scholarships, grants-in-aid, or other forms of
incentives shall be provided to deserving science
students, researchers, scientists, inventors, technologists,
and specially gifted citizens.
Section 12. The State shall regulate the transfer and
promote the adaptation of technology from all sources
for the national benefit. It shall encourage the widest
participation of private groups, local governments, and
community-based organizations in the generation and
utilization of science and technology.
Section 13. The State shall protect and secure the
exclusive rights of scientists, inventors, artists, and other
gifted citizens to their intellectual property and creations,
particularly when beneficial to the people, for such period
as may be provided by law.
ARTS AND CULTURE
Section 14. The State shall foster the preservation,
enrichment, and dynamic evolution of a Filipino national
culture based on the principle of unity in diversity in a
climate of free artistic and intellectual expression.
Section 15. Arts and letters shall enjoy the patronage of
the State. The State shall conserve, promote, and
popularize the nation's historical and cultural heritage
and resources, as well as artistic creations.
Section 16. All the country's artistic and historic wealth
constitutes the cultural treasure of the nation and shall
be under the protection of the State which may regulate
its disposition.
Section 17. The State shall recognize, respect, and protect
the rights of indigenous cultural communities to preserve
and develop their cultures, traditions, and institutions. It
shall consider these rights in the formulation of national
plans and policies.
Section 18.
1. The State shall ensure equal access to cultural
opportunities through the educational system,
public or private cultural entities, scholarships,
grants and other incentives, and community
cultural centers, and other public venues.
2. The State shall encourage and support
researches and studies on the arts and culture.
SPORTS
Section 19.
1. The State shall promote physical education and
encourage sports programs, league competitions,
and amateur sports, including training for
international competitions, to foster
self-discipline, teamwork, and excellence for the
development of a healthy and alert citizenry.
2. All educational institutions shall undertake
regular sports activities throughout the country
in cooperation with athletic clubs and other
sectors.
ARTICLE XV THE FAMILY
Section 1. The State recognizes the Filipino family as the
foundation of the nation. Accordingly, it shall strengthen
its solidarity and actively promote its total development.
Section 2. Marriage, as an inviolable social institution, is
the foundation of the family and shall be protected by the
State.
Section 3. The State shall defend:
1. The right of spouses to found a family in
accordance with their religious convictions and
the demands of responsible parenthood;
2. The right of children to assistance, including
proper care and nutrition, and special protection
from all forms of neglect, abuse, cruelty,
exploitation and other conditions prejudicial to
their development;
3. The right of the family to a family living wage and
income; and
4. The right of families or family associations to
participate in the planning and implementation
of policies and programs that affect them.
Section 4. The family has the duty to care for its elderly
members but the State may also do so through just
programs of social security.
ARTICLE XVI GENERAL PROVISIONS
Section 1. The flag of the Philippines shall be red, white,
and blue, with a sun and three stars, as consecrated and
honored by the people and recognized by law.
Section 2. The Congress may, by law, adopt a new name
for the country, a national anthem, or a national seal,
which shall all be truly reflective and symbolic of the
ideals, history, and traditions of the people. Such law shall
take effect only upon its ratification by the people in a
national referendum.
Section 3. The State may not be sued without its consent.
Section 4. The Armed Forces of the Philippines shall be
composed of a citizen armed force which shall undergo
military training and serve as may be provided by law. It
shall keep a regular force necessary for the security of
the State.
Section 5.
1. All members of the armed forces shall take an
oath or affirmation to uphold and defend this
Constitution.
2. The State shall strengthen the patriotic spirit and
nationalist consciousness of the military, and
respect for people's rights in the performance of
their duty.
3. Professionalism in the armed forces and
adequate remuneration and benefits of its
members shall be a prime concern of the State.
The armed forces shall be insulated from partisan
politics. No member of the military shall engage,
directly or indirectly, in any partisan political
activity, except to vote.
4. No member of the armed forces in the active
service shall, at any time, be appointed or
designated in any capacity to a civilian position
in the Government, including government-
owned or controlled corporations or any of their
subsidiaries.
5. Laws on retirement of military officers shall not
allow extension of their service.
6. The officers and men of the regular force of the
armed forces shall be recruited proportionately
from all provinces and cities as far as practicable.
7. The tour of duty of the Chief of Staff of the armed
forces shall not exceed three years. However, in
times of war or other national emergency
declared by the Congress, the President may
extend such tour of duty.
Section 6. The State shall establish and maintain one
police force, which shall be national in scope and civilian
in character, to be administered and controlled by a
national police commission. The authority of local
executives over the police units in their jurisdiction shall
be provided by law.
Section 7. The State shall provide immediate and
adequate care, benefits, and other forms of assistance to
war veterans and veterans of military campaigns, their
surviving spouses and orphans. Funds shall be provided
therefor and due consideration shall be given them in
the disposition of agricultural lands of the public domain
and, in appropriate cases, in the utilization of natural
resources.
Section 8. The State shall, from time to time, review to
increase the pensions and other benefits due to retirees
of both the government and the private sectors.
Section 9. The State shall protect consumers from trade
malpractices and from substandard or hazardous
products.
Section 10. The State shall provide the policy
environment for the full development of Filipino
capability and the emergence of communication
structures suitable to the needs and aspirations of the
nation and the balanced flow of information into, out of,
and across the country, in accordance with a policy that
respects the freedom of speech and of the press.
Section 11.
1. The ownership and management of mass media
shall be limited to citizens of the Philippines, or to
corporations, cooperatives or associations, wholly-
owned and managed by such citizens.
2. The Congress shall regulate or prohibit
monopolies in commercial mass media when the
public interest so requires. No combinations in
restraint of trade or unfair competition therein
shall be allowed.
3. The advertising industry is impressed with public
interest, and shall be regulated by law for the
protection of consumers and the promotion of
the general welfare.
4. Only Filipino citizens or corporations or
associations at least seventy per centum of the
capital of which is owned by such citizens shall be
allowed to engage in the advertising industry.
5. The participation of foreign investors in the
governing body of entities in such industry shall
be limited to their proportionate share in the
capital thereof, and all the executive and
managing officers of such entities must be
citizens of the Philippines.
Section 12. The Congress may create a consultative body
to advise the President on policies affecting indigenous
cultural communities, the majority of the members of
which shall come from such communities.
ARTICLE XVII AMENDMENTS OR
REVISIONS
Section 1. Any amendment to, or revision of, this
Constitution may be proposed by:
1. The Congress, upon a vote of three-fourths of all
its Members; or
2. A constitutional convention.
Section 2. Amendments to this Constitution may likewise
be directly proposed by the people through initiative
upon a petition of at least twelve per centum of the total
number of registered voters, of which every legislative
district must be represented by at least three per
centum of the registered voters therein. No amendment
under this section shall be authorized within five years
following the ratification of this Constitution nor oftener
than once every five years thereafter.
The Congress shall provide for the implementation of the
exercise of this right.
Section 3. The Congress may, by a vote of two-thirds of
all its Members, call a constitutional convention, or by a
majority vote of all its Members, submit to the
electorate the question of calling such a convention.
Section 4.Any amendment to, or revision of, this
Constitution under Section 1 hereof shall be valid when
ratified by a majority of the votes cast in a plebiscite
which shall be held not earlier than sixty days nor later
than ninety days after the approval of such amendment
or revision.
Any amendment under Section 2 hereof shall be valid
when ratified by a majority of the votes cast in a
plebiscite which shall be held not earlier than sixty days
nor later than ninety days after the certification by the
Commission on Elections of the sufficiency of the
petition.
ARTICLE XVIII TRANSITORY PROVISIONS
Section 1. The first elections of Members of the Congress
under this Constitution shall be held on the second
Monday of May, 1987.
The first local elections shall be held on a date to be
determined by the President, which may be
simultaneous with the election of the Members of the
Congress. It shall include the election of all Members of
the city or municipal councils in the Metropolitan Manila
area.
Section 2. The Senators, Members of the House of
Representatives, and the local officials first elected under
this Constitution shall serve until noon of June 30, 1992.
Of the Senators elected in the elections in 1992, the first
twelve obtaining the highest number of votes shall serve
for six years and the remaining twelve for three years.
Section 3. All existing laws, decrees, executive orders,
proclamations, letters of instructions, and other executive
issuances not inconsistent with this Constitution shall
remain operative until amended, repealed, or revoked.
Section 4. All existing treaties or international
agreements which have not been ratified shall not be
renewed or extended without the concurrence of at least
two-thirds of all the Members of the Senate.
Section 5. The six-year term of the incumbent President
and Vice-President elected in the February 7, 1986
election is, for purposes of synchronization of elections,
hereby extended to noon of June 30, 1992.
The first regular elections for the President and Vice-
President under this Constitution shall be held on the
second Monday of May, 1992.
Section 6. The incumbent President shall continue to
exercise legislative powers until the first Congress is
convened.
Section 7. Until a law is passed, the President may fill by
appointment from a list of nominees by the respective
sectors, the seats reserved for sectoral representation in
paragraph (2), Section 5 of Article V1 of this Constitution.
Section 8. Until otherwise provided by the Congress, the
President may constitute the Metropolitan Manila
Authority to be composed of the heads of all local
government units comprising the Metropolitan Manila
area.
Section 9. A sub-province shall continue to exist and
operate until it is converted into a regular province or
until its component municipalities are reverted to the
mother province.
Section 10. All courts existing at the time of the
ratification of this Constitution shall continue to exercise
their jurisdiction, until otherwise provided by law. The
provisions of the existing Rules of Court, judiciary acts,
and procedural laws not inconsistent with this
Constitution shall remain operative unless amended or
repealed by the Supreme Court or the Congress.
Section 11. The incumbent Members of the Judiciary
shall continue in office until they reach the age of
seventy years or become incapacitated to discharge the
duties of their office or are removed for cause.
Section 12. The Supreme Court shall, within one year
after the ratification of this Constitution, adopt a
systematic plan to expedite the decision or resolution of
cases or matters pending in the Supreme Court or the
lower courts prior to the effectivity of this Constitution.
A similar plan shall be adopted for all special courts and
quasi-judicial bodies.
Section 13. The legal effect of the lapse, before the
ratification of this Constitution, of the applicable period
for the decision or resolution of the cases or matters
submitted for adjudication by the courts, shall be
determined by the Supreme Court as soon as practicable.
Section 14. The provisions of paragraphs (3) and (4),
Section 15 of Article VIII of this Constitution shall apply to
cases or matters filed before the ratification of this
Constitution, when the applicable period lapses after
such ratification.
Section 15. The incumbent Members of the Civil Service
Commission, the Commission on Elections, and the
Commission on Audit shall continue in office for one
year after the ratification of this Constitution, unless
they are sooner removed for cause or become
incapacitated to discharge the duties of their office or
appointed to a new term thereunder. In no case shall
any Member serve longer than seven years including
service before the ratification of this Constitution.
Section 16. Career civil service employees separated from
the service not for cause but as a result of the
reorganization pursuant to Proclamation No. 3 dated
March 25, 1986 and the reorganization following the
ratification of this Constitution shall be entitled to
appropriate separation pay and to retirement and other
benefits accruing to them under the laws of general
application in force at the time of their separation. In lieu
thereof, at the option of the employees, they may be
considered for employment in the Government or in any
of its subdivisions, instrumentalities, or agencies,
including government-owned or controlled corporations
and their subsidiaries. This provision also applies to career
officers whose resignation, tendered in line with the
existing policy, had been accepted.
Section 17. Until the Congress provides otherwise, the
President shall receive an annual salary of three hundred
thousand pesos; the Vice-President, the President of the
Senate, the Speaker of the House of Representatives, and
the Chief Justice of the Supreme Court, two hundred
forty thousand pesos each; the Senators, the Members of
the House of Representatives, the Associate Justices of
the Supreme Court, and the Chairmen of the
Constitutional Commissions, two hundred four thousand
pesos each; and the Members of the Constitutional
Commissions, one hundred eighty thousand pesos each.
Section 18. At the earliest possible time, the Government
shall increase the salary scales of the other officials and
employees of the National Government.
Section 19. All properties, records, equipment, buildings,
facilities, and other assets of any office or body abolished
or reorganized under Proclamation No. 3 dated March 25,
1986 or this Constitution shall be transferred to the office
or body to which its powers, functions, and
responsibilities substantially pertain.
Section 20. The first Congress shall give priority to the
determination of the period for the full implementation
of free public secondary education.
Section 21. The Congress shall provide efficacious
procedures and adequate remedies for the reversion to
the State of all lands of the public domain and real rights
connected therewith which were acquired in violation of
the Constitution or the public land laws, or through
corrupt practices. No transfer or disposition of such lands
or real rights shall be allowed until after the lapse of one
year from the ratification of this Constitution.
Section 22. At the earliest possible time, the Government
shall expropriate idle or abandoned agricultural lands as
may be defined by law, for distribution to the
beneficiaries of the agrarian reform program.
Section 23. Advertising entities affected by paragraph (2),
Section 11 of Article XV1 of this Constitution shall have five
years from its ratification to comply on a graduated and
proportionate basis with the minimum Filipino
ownership requirement therein.
Section 24. Private armies and other armed groups not
recognized by duly constituted authority shall be
dismantled. All paramilitary forces including Civilian
Home Defense Forces not consistent with the citizen
armed force established in this Constitution, shall be
dissolved or, where appropriate, converted into the
regular force.
Section 25. After the expiration in 1991 of the Agreement
between the Republic of the Philippines and the United
States of America concerning military bases, foreign
military bases, troops, or facilities shall not be allowed in
the Philippines except under a treaty duly concurred in
by the Senate and, when the Congress so requires,
ratified by a majority of the votes cast by the people in a
national referendum held for that purpose, and
recognized as a treaty by the other contracting State.
Section 26. The authority to issue sequestration or
freeze orders under Proclamation No. 3 dated March 25,
1986 in relation to the recovery of ill-gotten wealth shall
remain operative for not more than eighteen months
after the ratification of this Constitution. However, in the
national interest, as certified by the President, the
Congress may extend such period.
A sequestration or freeze order shall be issued only upon
showing of a prima facie case. The order and the list of
the sequestered or frozen properties shall forthwith be
registered with the proper court. For orders issued
before the ratification of this Constitution, the
corresponding judicial action or proceeding shall be filed
within six months from its ratification. For those issued
after such ratification, the judicial action or proceeding
shall be commenced within six months from the
issuance thereof.
The sequestration or freeze order is deemed
automatically lifted if no judicial action or proceeding is
commenced as herein provided.
Section 27. This Constitution shall take effect
immediately upon its ratification by a majority of the
votes cast in a plebiscite held for the purpose and shall
supersede all previous Constitutions.
The foregoing proposed Constitution of the Republic of
the Philippines was approved by the Constitutional
Commission of 1986 on the twelfth day of October,
Nineteen hundred and eighty-six, and accordingly signed
on the fifteenth day of October, Nineteen hundred and
eighty-six at the Plenary Hall, National Government
Center, Quezon City, by the Commissioners whose
signatures are hereunder affixed.
ORDINANCE
APPORTIONING THE SEATS OF THE HOUSE OF
REPRESENTATIVES OF THE CONGRESS OF THE
PHILIPPINES TO THE DIFFERENT LEGISLATIVE
DISTRICTS IN PROVINCES AND CITIES AND THE
METROPOLITAN MANILA AREA
Section 1. For purposes of the election of Members of
the House of Representatives of the First Congress of the
Philippines under the Constitution proposed by the 1986
Constitutional Commission and subsequent elections,
and until otherwise provided by law, the Members
thereof shall be elected from legislative districts
apportioned among the provinces, cities, and the
Metropolitan Manila Area as follows:
Metropolitan Manila Area
MANILA, six (6) – First District: Barangays Nos. 1-146, N-
City Boundary between Manila and Caloocan; E – From
Estero de Sunog Apog going South to Estero de Vitas up to
the bridge spanning Juan Luna Street, eastward to
Tayuman Street up to the Railroad Tracks along Dagupan
Street, thence southward to Claro M. Recto Avenue; SE –
From point Claro M. Recto Avenue extending westward to
Manila Bay; W – Manila Bay northward to City boundary
between Manila and Caloocan. Second District:
Barangays Nos. 147-267, N – City boundary between
Manila and Caloocan; E – From end of Rizal Avenue
Extension extending southward to Railroad Tracks at
Antipolo Street; from corner Antipolo Street and Rizal
Avenue on southern side of Railroad Tracks extending
westward to Estero de San Lazaro, southward along
Estero de San Lazaro up to corner of C. M. Recto Avenue
westward to bridge spanning Claro M. Recto at Estero de
la Reina; W – Estero de la Reina to Estero de Vitas to
Estero Sunog Apog to City boundary between Manila and
Caloocan; Third District: Barangays Nos. 268-394, N – City
boundary between Manila and Caloocan; E – A.
Bonifacio Street extending southward to Dimasalang, to
Anda-lucia, Claro M. Recto Avenue eastward to Estero
de San Miguel ending at Pasig River; S – Mouth of Estero
de San Miguel at Pasig River, westward to Del Pan
Bridge, thence to Del Pan Street; W – Del Pan Street
northward up to Claro M. Recto Extension to Estero de
San Lazaro, northward to Antipolo Street, eastward to
Rizal Avenue Extension, northward to boundary between
Manila and Caloocan; Fourth District: Barangays Nos.
395 – 586 SW – Estero de San Miguel up to Mendiola
Bridge, thence to C. M. Recto Avenue to Quezon
Boulevard; W – Quezon Boulevard, Andalucia,
Dimasalang up to boundary between Manila and Quezon
City; NE – City boundary between Manila and Quezon
City up to Ramon Magsaysay Boulevard; SE – Ramon
Magsaysay Boulevard up to V. Mapa Street; S – Ramon
Magsaysay Boulevard up to point Estero de San Miguel
where Ramon Magsaysay Boulevard spans Estero de San
Miguel; Fifth District: Barangays Nos. 649-828 N – Mouth
of Pasig River inland to point Paz M. Guanzon Street
extending to Estero de Pandacan; NE – Estero de
Pandacan up to Pedro Gil Street to Tejeron Street up to
boundary of Manila and Makati; SE – City boundary
between Manila and Makati up to Estero de Tripa de
Gallina; S – City boundary between Pasay and Manila
down to Roxas Boulevard up to edge of reclaimed areas
westward to Manila Bay; W – Manila Bay up to mouth of
Pasig River, Sixth District: Barangays Nos. 587-648; and
829-905 N – Starting from point which is mouth of
Estero de San Miguel going eastward to Mendiola
Bridge, following line along Estero de San Miguel up to
point where Ramon Magsaysay Boulevard eastward to
City boundary between Manila and Quezon Cityl; NE –
City boundary up to point city boundary of Manila, San
Juan and Quezon City; E – Manila-San
Juan-Mandaluyong-Makati boundaries up to Tejeron
Street; SE – Tejeron Street to Pedro Gil Street up to
bridge spanning Estero de Pandacan; SW & W – Estero
de Pandacan going northward to Paz M. Guanzon Street,
then northward on Paz M. Guazon Street up to Pasig
River to mouth of Estero de San Miguel on Pasig River.
QUEZON CITY, four (4) – First District : Barangays Del
Monte, Paltok, Bungad, San Antonio, Katipunan, Veterans
Village, Talayan, Damayan, Mariblo, Paraiso, Sta. Cruz,
Nayong Kanluran, Philam, West Triangle, N.S. Amoranto,
Paang Bundok, San Isidro Labrador, Sta. Teresita,
Salvacion, Maharlika, St. Peter, Lourdes, Sto. Domingo,
Sienna, San Jose, Manresa, Pag-ibig sa Nayon, Balingasa,
Masambong, Damar, Bahay Toro, St. Cristo, Ramon
Magsaysay, Project 6, Vasra, Alicia, and Bagong Pag-asa;
Second District: Barangays Fairview, New Era, Holy Spirit,
Batasan Hills, Commonwealth, Payatas, Bagong Silangan,
Sauyo, Talipapa, Bagbag, San Bartolome, Sta. Lucia,
Gulod, Novaliches Proper, San Agustin, Nagkaisang
Nayon, Sta. Monica, Kaligayahan, Pasong Putik, Apolonio
Samson, Unang Sigaw, Tandang Sora, Pasong Tamo,
Culiat, Baesa, Capri, Balumbato, and Sangandaan: Third
District : Barangays E. Rodriguez, Silangan, Quirino 3-A,
Duyan-Duyan, Quirino 3-B, Amihan, Socorro, San Roque,
Manga, Zobel Dioquino, Tagumpay, Aguinaldo, Escopa 1,
Escopa 2, Escopa 3, Escopa 4, West Kamias, East Kamias,
Quirino 2 A, Quririno 2 B, Quirino 2 C, Ugong Norte,
Bagumbayan, Libis, Villa Maria Clara, Masagana,
Milagrosa, Marilag, Bagumbayan, Loyola Heights, Pansol,
and Matandang Balara; Fourth District: Barangays
Bagong Lipunan, Kaunlaran, San Martin, Immaculate
Concepcion, South Triangle, Sacred Heart, Laging Handa,
Paligsahan, Obrero, Roxas, Kamuning, Kanluran,
Kamuning Silangan, Tatalon, Don Manuel, Dona Josefa,
San Isidro, Dona Aurora, Santo Nino, Santol, Dona Imelda,
Kristong Hari, Kalusugan, Damayang Lagi, Mariana,
Valencia, Horseshoe, Pinagkaisahan, San Vicente, U.P.
Campus, Krus Na Ligas, Central, Old Capital Site, U.P.
Village, Teacher’s East, Teacher’s West, Sikatuna, Malaya,
Pinahan, and Botocan.
CALOOCAN CITY, two (2) – First District : 70 Barangays; All
of Caloocan North EDSA; Second District: 118 Barangays;
All of Caloocan South EDSA.
PASAY CITY, one (1)
MALABON and NAVOTAS, one (1)
SAN JUAN and MANDALUYONG, one (1)
MARIKINA, one (1)
MAKATI, one (1)
PASIG, one (1) PARANAQUE, one (1)
LAS PINAS and MUNTINGLUPA, one (1)
PATEROS and TAGUIG, one (1)
VALENZUELA, one (1)
REGION I
ABRA, one (1)
BENGUET, with the City of Baguio, two (2) – First District:
Baguio City; Second District: all the Municipalities of
Benguet.
ILOCOS NORTE, with Laog City, two (2) – First District:
Laoag City and the Municipalities of Bacarra, Bangui,
Burgos, Pagud-Pagud, Pasuquin, Piddig, Sarrat, Vintar,
Adams, Carasi, and Dumalneg; Second District:
Municipalities of Badoc, Batac, Currimao, Dingras,
Espiritu, Marcos, Nueva Era, Paoay, Pinili, San Nicolas, and
Solsona.
ILOCOS SUR, two (2) – First District: Municipalities of
Bantay, Cabugao, Caoayan, Magsingal, San Ildefonso, San
Juan, San Vicente, San Catalina, Santo Domingo, Sinait,
and Vigan; Second District: Municipalities of Alilem,
Banayoyo, Burgos, Candon, Cervantes, Galimuyod,
Gregorio del Pilar, Lidlidda, Nagbukel, Narvacan, Quirino,
Salcedo, San Emilio, San Esteban, Santa, Santa Cruz,
Santa Lucia, Santa Maria, Santiago, Suyo, Tagudin, Sigay,
and Sugpon.
LA UNION, two (2) – First District : Municipalities of
Bacnotan, Balaoan, Bangar, Luna, San Fernando, San
Gabriel, San Juan, Santol, and Sudipen; Second District:
Municipalities of Agoo, Aringay, Bagulin, Bauang, Burgos,
Caba, Naguilian, Pugo, Rosario, Santo Tomas, and Tubao.
MOUNTAIN PROVINCE, one (1)
PANGASINAN, with the Cities of Dagupan and San Carlos,
six (6) – First District: Municipalities of Bolinao, Bani, Agno,
Burgos, Dasol, Infanta, Mabini, Alaminos, Anda and Sual;
Second District: Municipalities of Labrador, Lingayen,
Bugallon, Aguilar, Mangatarem, Binmaley, Urbiztondo,
and Basista; Third District: San Carlos City, and the
Municipalities of Malasiqui, Bayambang, Calasiao,
Mapandan, and Sta. Barbara; Fourth District: Dagupan
City and the Municipalities of Mangaldan, San Fabian, San
Jacinto, and Manaoag; Fifth District: Municipalities of
Binalonan, Laoac, Urdaneta, Villasis, Sison, Pozorrubio,
Bautista, Alcala, and Sto. Tomas; Sixth District:
Municipalities of Rosales, Asingan, Balungao, Sta. Maria,
Umingan, San Quintin, Natividad, Tayug, San Nicolas, and
San Manuel.
REGION II
BATANES, one (1)
CAGAYAN, three (3) – First District: Municipalities of Aparri,
Camalaniugan, Lallo, Buguey, Sta. Teresita, Gonzaga, Sta.
Ana, Gattaran, Baggao, and Alcala; Second District:
Municipalities of Sta. Praxedes, Sanchez Mira, Claveria,
Pamplona, Abulug, Ballesteros, Allacapan, Lasam, Sto.
Nino, Rizal, Piat, and Calayan; Third District: Municipalities
of Tuguegarao, Solana, Enrile, Penablanca, Iguig,
Amulung, and Tuao.
IFUGAO, one (1)
ISABELA, four (4) – First District: Municipalities of Sta.
Maria,San Pablo, Cabagan, Sto. Tomas, Albano, Tumauini,
Ilagan, Divilican, Maconacon, and Palanan; Second
District: Municipalities of Aurora, San Manuel, Roxas,
Mallig, Quezon, Quirino, Burgos, Gamu, Naguilian, Benito
Soliven, An Mariano; Third District: Municipalities of Reina
Mercedes, Cauayan, Luna, Cabatuan, San Mateo, Alicia,
Angadanan, and San Guillermo; Fourth District:
Municipalities Cordon, Santiango, Ramon, San Isidro,
Echague, Jones, San Agustin, and Dinapigui.
KALINGA-APAYAO, one (1)
NUEVA VIZCAYA, one (1)
QUIRINO, one (1)
REGION III
BATAAN, two (2) – First District: Municipalities of
Dinalupihan, Hermosa, Orani, Samal, Abucay, and
Morong, Second District: Municipalities of Pilar, Orion,
Limay, Bagac, Mariveles, and Balanga.
BULACAN, four (4) – First District : Municipalities of
Hagonoy, Paombong, Malolos, Calumpit, Pulilan, and
Bulacan; Second Distict: Municipalities Baliuag, Bustos,
Plaridel, Guiguinto, Balagtas, Pandi, and Bocaue; Third
District: Municipalities of San Miguel, San Ildefonso, San
Rafael, Angat, Norzagaray, and Remedios Trinidad; Fourth
District: Municipalities of San Jose del Monte, Sta. Maria,
Marilao, Meycauayan,, and Obando.
NUEVA ECIJA, with the Cities of Cabanatuan, Palayan and
San Jose, four (4) – First District: Municipalities of
Nampicuan, Cuyapo, Guimba, Quezon, Talavera, Licab,
Sto. Domingo, Aliaga, and Zaragoza, Second District: San
Jose City and the Municipalities of Lupao, Munoz,
Talugtog, Caranglan, Pantabangan, Lanera, and Rizal;
Third District: Cabanatuan City; Palayan City, and the
Municipalities of General Natividad, Bongabong, Laur,
Gabaldon, and Sta. Rosa, Fourth District: Municipalities of
San Leonardo, General Tinio, Penaranda, Gapan, San
Isidro, Cabiao, San Antonio, and Jaen.
PAMPANGA, with Angeles City, four (4) – First District :
Angeles City and the Municipalities of Mabalacat and
Magalang; Second District: Municipalities of Lubao,
Guagua, Floridablanca, Porac, Sta. Rita, and Sexmoan;
Third District: Municipalities of San Fernando,
Arayat,Mexico, Bacolor, and Sta. ana; Fourth District:
Municipalities of Candaba, Apalit, Macabebe, Masantol,
Minalin, Sto. Tomas, San Luis, and San Simon.
TARLAC, three (3) – First District: Municipalities of
Mayantoc, Sta. Ignacia, Camiling, Moncada, San Manuel,
Anao, Paniqui, Ramos, San Clemente, and Pura; Second
District: Municipalities of Tarlac, Gerona, and Victoria;
Third District: Municipalities of Bamban, Capas,
Concepcion, and La Paz.
ZAMBALES, with Olongapo City, two (2) – First District:
Olongapo City and the Municipalities of Subic, Castillejos,
and San Marcelino, Second District: Municipalities of
Botolan, Cabangan, Candelaria, Iba, Masinloc, Palauig,
San Antonio, San Felipe, San Narciso, and Sta. Cruz.
REGION IV
AURORA, one (1)
BATANGAS, with the Cities of Batangas and Lipa, four (4) –
First District: Municipalities of Nasugbu, Lian, Calatagan,
Balayan, Tuy, Calaca, Lemery, and Taal; Second District:
Batangas City and the Municipalities of Lobo, San
Pascual, Bauan, Mabini, San Luis, and Tingloy; Third
District: Municipalities of Balete, Malvar, Sto. Tomas,
Tanauan, Talisay, Laurel, Agoncillo, San Nicolas, Sta.
Teresita, Alitagtag, Cuenca, and Mataas na Kahoy; Fourth
District : Lipa City and the Municipalities of San Juan,
Taysan, Rosario, P. Garcia, Ibaan, and San Jose.
CAVITE, with the Cities of Tagaytay, Cavite and Trece
Martires, three (30 – First District: Cavite City and the
Municipalities of Bacoor, Kawit, Noveleta, and Rosario;
Second District: Trece Martires City and the Municipalities
of Imus, Dasmarinas, Carmona, Gen. Mariano Alvarez,
General Trias, and Tanza; Third District: Tagaytay City and
the Municipalities of Alfonso, Amadeo, General Aguinaldo,
Indang, Magallanes, Maragondon, Mendez-Nunez, Naic,
Silang, and Ternate.
LAGUNA, with San Pablo City, four (4) – First District:
Municipalities of Binan, San Pedro and Sta. Rosa; Second
District: Municipalities of Bay, Cabuyao, Calamba, and Los
Banos; Third District: San Pablo City and the
Municipalities of Calauan, Alaminos, Rizal, Nagcarlan,
Liliw, and Victoria: Fourth District: Municipalities of Sta.
Cruz, Pila, Lumban, Pagsanjan, Cavinti, Kalayaan, Paete,
Pakil, Pangil, Siniloan, Famy, Mabitac, Sta. Maria,
Magdalena, Luisiana, and Majayjay.
MARINDUQUE, one (1)
OCCIDENTAL MINDORO, one (1)
ORIENTAL MINDORO, two (2) – First District:
Municipalities of Baco, Calapan, Naujan, Puerto Galera,
San Teodoro,Victoria, Pola, and Socorro; Second District:
Municipalities of Bansud, Bongabon, Bulalakao, Gloria,
Mansalay, Pinamalayan, and Roxas.
PALAWAN, with Puerto Princesa City, two (2) – First
District: Municipalities of Agutaya, Araceli, Busuanga,
Cagayancillo, Coron, Cuyo, Dumaran, El Nido, Linapacan,
Magsaysay, Roxas, San Vicente, Taytay, and Kalayaan;
Second District: Puerto Princesa City and the
Municipalities of Aborlan, Balabac, Batarasa, Brooke’s
Point, Narra, Quezon, and Marcos.
QUEZON, with Lucena City, four (4) – First District:
Municipalities of Burdeos, Gen. Nakar, Infanta, Jumalig,
Panukulan, Patnanungan, Polilio, Real, Sampaloc,
Mauban, Pagbilao, Lucban, and Tayabas; Second District:
Lucena city and Municipalities of Candelaria, Dolores, San
Antonio, Sariaya, and Tiaong; Third District: Municipalities
of Catanauan, Gen. Luna, Macalelon, Mulanay, Pitogo, San
Andres, San Francisco, San Narciso, Buenavista, Padre
Burgos, Agdangan, and Unisan; Fourth District:
Municipalities of Calauag, Guinayangan, Gumaca, Lopez,
Tagkawayan, Atimonan, Plaridel, Alabat, Perez, and
Quezon
RIZAL, two (2) – First District: Municipalities of Antipolo,
Taytay, Cainta, Angono, and Binangonan; Second District:
Municipalities of E. Rodriguez,San Mateo, Morong,
Cardona, Teresa, Baras, Tanay, Pililla, and Jala-Jala.
ROMBLON, one (1)
REGION V
ALBAY, with Legazpi City, three (3) – First District:
Municipalities of Bacacay, Malinao, Malilipot, Santo
Domingo, Tabaco, and Tiwi, Second District: Legazpi City
and the Municipalities of Camalig, Daraga, Manito, and
Rapu-Rapu; Third District: Municipalities of Guinobatan,
Jovellar, Libon, Ligao, Oas, Pio Duran, and Polangui.
CAMARINES NORTE, one (1)
CAMARINES SUR, including the Cities of Naga and Iriga,
four (4) – First District: Municipalities of Del Gallego,
Ragay, Lupi, Sipocot, Libmanan, Cabusao, Pamplona,
Pasacao, Minalabac, and San Fernando, Second District :
Naga City and the Municipalities of Bonbon, Calabanga,
Camaligan, Canaman, Gainza, Magarao, Milaor, Ocampo,
and Pili; Third District: Municipalities of Caramoan,
Garchitorena, Goa, Lagonoy, Presentacion, Sangay, San
Jose, Tigaon, Tinambac, and Siruma; Fourth District: Iriga
City and the Municipalities of Baao, Balatan, Bato, Buhi,
Bula, and Nabua.
CATANDUANES, one (1)
MASBATE, three (3) – First District Municipalities of San
Pascual, Claveria, Monreal, San Jacinto, San Fernando, and
Batuan; Second District: Municipalities of Masbate, Mobo,
Milagros, Aroroy, Baleno, Balud, and Mandaon; Third
District: Municipalities of Uson, Dimasalang, Palanas,
Cataingan, Pio V. Corpuz, Esperanza, Placer, and Cawayan.
SORSOGON, two (2) – First District: Municipalities of
Sorsogon, Pilar, Donsol, Castilla, Bacon, Casiguran, and
Magallanes; Second District: Municipalities of Barcelona,
Prieto Diaz, Gubat, Juban, Bulusan, Irosin, Sta. Magdalena,
Matnog, and Bulan.
REGION VI
AKLAN, one (1)
ANTIQUE, one (1)
CAPIZ, including Roxas City, two (2) – First District: Roxas
City and the Municipalities of Panay, Pilar, Pontevedra,
President Roxas, Ma-ayon, and Panitan; Second District:
Municipalities of Dumalag, Jamindan, Mambusao, Sapian,
Sigma, Tapaz, Cuartero, Dao, Dumarao, and Ivisan.
ILOILO, five (5) – First District: Municipalities of Guimbal,
Igbaras, San Joaquin, Tigbauan, Tubungan, Miagao, and
Oton; Second District; Municipalities of Jordan, Nueva
Valencia, Buenavista, Pavia, Leganes, Sta. Barbara, New
Lucena, Zarraga, Alimodian, Leon, and San Miguel; Third
District: Municipalities of Maasin, Cabatuan, Janiuay,
Badiangan, Mina, Pototan, Calinog, Lambunao, and
Bingawan; Fourth District: Municipalities of Passi, San
Enrique, Duenas, Dingle, Barotac Nuevo, Dumangas,
Anilao, and Banate; Fifth District: Municipalities of Barotac
Viejo, San Rafael, Ajuy, Lemery, Concepcion, Sara, San
Dionisio, Batad, Estancia, Balasan, and Carles.
ILOILO CITY, one (1)
NEGROS OCCIDENTAL, with the Cities of San Carlos,
Cadiz, Bago, La Carlota, and Silay, six (6) – First District:
San Carlos City and the Municipalities of Toboso,
Calatrava, Escalante, and S. Benedicto; Second District:
Cadiz City and the Municipalities of Sagay and Manapla;
Third District: Silay City and the Municipalities of Victorias,
Enrique B. Magalona, Talisay, and Murcia; Fourth District:
Bago City and the Municipalities of Valladolid, San
Enrique, Pontevedra, Pulupandan, and La Carlota; Fifth
District: Municipalities of La Castellana, Moises Padilla,
Isabela, Binalbagan, Himamaylan, and Hinigaran; Sixth
District: Municipalities of Kabankalan, Ilog, Cauayan,
Candoni, Sipalay, and Hinobaan.
BACOLOD CITY, one (1)
REGION VII
BOHOL, with Tagbilaran City, three (3) – First District:
Tagbilaran City and the Municipalities of Alburquerque,
Antequera, Baclayon, Balilihan, Calape, Catigbian, Corella,
Cortes, Dauis, Loon, Maribojoc, Panglao, Sikatuna, and
Tubigon; Second District: Municipalities of Clarin,
Inabangan, Sagbayan, Buenavista, Jetafe, Dagohoy,
Danao, San Miguel, Trinidad, Talibon, Ubay, Bien Unido,
San Isidro, and Pres. C. P. Garcia; Third District:
Municipalities of Loay, Loboc, Bilar, Batuan, Carmen,
Sevilla, Lila, Dimiao, Valencia, Garcia-Hernandez, Jagna,
Duero, Guindulman, Candijay, Mabini, Alicia, Anda, Sierra
Bullones, and Pilar.
CEBU, with the Cities of Danao, Lapu-Lapu, Mandaue, and
Toledo, six (6) – First District: Municipalities of Talisay,
Minglanilla, Naga, San Fernando, Carcar, and Sibongan;
Second District: Municipalities of Argao, Dalaguete, Alcoy,
Boljoon, Oslob, Santander, Samboan, Ginatilan,
Malabuyoc, Alegria, Badian, Moal- boal, Alcantara, Ronda,
and Dumanjug; Third District: Toledo City and the
Municipalities of Barili, Alonguinsan, Pinamungajan,
Balamban, Asturias, and Tuburan; Fourth District:
Municipalities of Tabuelan, San Remigio, Sta. Fe,
Bantayan, Madridejos, Daan- bantayan, Medellin, Bogo,
and Tabogon; Fifth District: Danao City and the
Municipalities of Borbon, Sogod, Catmon, Carmen,
Compostela, Liloan, San Francisco, Poro, Tudela, and Pilar;
Sixth District: Lapu-lapu City, Mandanue City, and the
Municipalities of Cordova and Consolacion.
CEBU CITY, two (2) – First District: Barangays of Adlawon,
Agsungot, Apas, Bacayan, Banilad, Binaliw, Budla-an,
Busay, Cmbinocot, Camputhaw, Capitol Site, Carreta,
Central Proper, Cogon-Ramos, Day-as, Ermita, Guba,
Hipodromo, Kalubihan, Kamagayan, Kasambagan, Lahug,
Lorega, Lusaran, Luz, Mabini, Mabolo, Malubog, Pahina
Central, Parian, Paril, Pit-os, Pulang Bato, Sambag 1,
Sambag 11, San Antonio, San Jose, San Roque, Sta. Cruz,
Sirao, T. Padilla, Talamban, Taptap, Tejero, Tinago, and
Zapatera; Second District: Barangays of Babag, Basak
Pardo, Basak San Nicolas, Bonbon, Buhisan, Bulacao
pardo, Bout-Taup, Calamba, Cogon Pardo, Duljo Fatima,
Guadalupe, Inayawan, Kalunasan, Kinasang-an Pardo,
Labangon, Mambaling, Pahina San Nicolas, Pamutan,
Pardo, Pasil Abuno, Sibugay, Punta Princesa, Quiot, San
Nicolas, Sawang Calero, Sinsin, Suba Pasil, Sudlon,
Sapangdako, Tabunan, Tigbao, Tisa, and Toong.
NEGROS ORIENTAL, with the Cities of Bais, Canlaon, and
Dumaguete, three (3) – First District: Canlaon City and the
Municipalities of Vallehermoso, Guihulngan, La Libertad,
Jimalalud, Tayasan, Ayungon, Bindoy, and Manjuyod;
Second District: Bais City, Dumaguete City, and the
Municipalities of Mabinay, Tanjay, Pamplona, Amlan, San
Jose, and Sibulan; Third District: Municipalities of Valencia,
Bacong, Dauin, Zamboanguita, Siaton, Sta. Catalina,
Bayawan, and Basay.
SIQUIJOR, one (1)
REGION VIII
LEYTE, with the Cities of Tacloban and Ormoc, five (5) –
First District: Tacloban City and the municipalities of
Alangalang, Babatngon, Palo, San Miguel, Sta. Fe,
Tanauan, and Talosa; Second District: Municipalities of
Barugo, Barauen, Capoocan, Carigara, Dagami, Dulag,
Jaro, Julita, La Paz, Mayorga, MacArcthur, Pastrana,
Tabontabon, and Tunga; Third District: Municipalities of
Almeria, Biliran, Cabucgayan, Caibiran, Calubian, Culaba,
Kawayan, Leyte, Maripipi, Naval, San Isidro, Tabango, and
Villaba; Fourth District: Ormoc city and the Municipalities
of Albuera, Isabel, Kananga, Matagob, Merida, and
Palompon; Fifth District: Municipalities of Abuyog, Bato,
Baybay, Hilongos, Hindang, Inopacan, Javier, Mahaplag,
and Matalom.
SOUTHERN LEYTE, one (1)
EASTERN SAMAR, one (1)
NORTHERN SAMAR, two (2) – First District: Municipalities
of Allen, Biri, Bobon, Capul, Catarman, Lavezares, Lope de
Vega, Rosario, San Antonio, San Isidro, San Jose, San
Vicente, Victoria, and Mondragon; Second District:
Municipalities of Silvino Lobos, San Roque, Pambuyan,
Las Navas, Catubig, Laoang, Palapag, Mapanas, Gamay,
and Lapinig.
SAMAR, with Calbayog City, two (2) – First District:
Calbayog City and the Municipalities of almagro, Gandara,
Matuguinao, Pag- sanghan, San Jorge, Santa Margarita,
Sto. Nino, Tagapul-an, and Tarangnan; Second District:
Municipalities of Basey, Calbiga, Catbalogan, Daram,
Hinabangan, San Jose de Buan, Jiabong, Marabut,
Motiong, Pinabacadao, San Sebastian, Sta. Rita, Talalora,
Villareal, Wright, and Zumarraga.
REGION IX
BASILAN, one (1)
SULU, two (2) – First District: Municipalities of Jolo,
Marungas, Indanan, Pangutaran, Parang, Talipao,
Maimbung, and Patikul; Second District: Municipalities of
Siasi, Pandami, Pata, Luuk, K. Culuang, Panamao, New
Panamao, Tapul, Lungus, and Tongkil.
TAWI-TAWI, one (1)
ZAMBOANGA DEL NORTE, with the Cities of Dapitan and
Dipolog, three (3) – First District: Dapitan City and the
Municipalities of Sibutad, Rizal, La Libertad, Mutia, Pinan,
Sergio Osmena, Sr., and Polanco; Second District: Dipolog
City and the Municipalities of Katipunan, Pres. Manuel A.
Roxas, Manukan, Ponot, Siayan, and Sindangan; Third
District: Municipalities of Salug; Godod, Liloy, Tampilisan,
Labason, Gutalac, Siocon, Baliquian, Siraway, Bacungan,
and Sibuco.
ZAMBOANGA DEL SUR, with Pagadian City, three (3) –
First District: Pagadian City and the Municipalities of
Dumingag, Mahayag, Molave, Tambulig, Midsalip, R.
Magsaysay, Labangan, Aurora, Tukuran, Josefina, and Don
Mariano Marcos; Second District: Municipalities of
Dumalinao, San Pablo, Tabina, Dima- taling, Dinas, San
Miguel, Margosatubig, Lapuyan, Kumalarang, Bayog,
Lakewood, Pitogo, and Vincenzo A. Sagun; Third District:
Municipalities of Malangas, Alicia, Olutanga, Mabuhay,
Siay, Kabasalan, Naga, Ipil, Titay, Tungawan, Buug, Imelda,
Payao, Talusan, Diplahan, and Roseller Lim.
ZAMBOANGA CITY, one (1)
REGION X
AGUSAN DEL NORTE, with the City ofButuan, two (2) –
First District: Butuan City and the Municipality of Las
Nieves, Second District: Municipalities of Buenavista,
Cabadbaran, Carmen, Jabonga, Kitcharao, Magallanes,
Nasipit,Santiago, Tubay, and Remedios T. Romualdez.
AGUSAN DEL SUR, one (1)
BUKIDNON, three (3) – First District: Municipalities of
Talakag, Baungon, Malitbog, Libona, Manolo Fortich,
Sumialo, Panganto-can, and Kalilangan; Second District:
Municipalities of Malay-balay, Lantapan, Cabanglasan,
Valencia, San Fernando, and Impasugong; Third District:
Municipalities of Maramag, Quezon, Don Carlos, Kitaotao,
Dangcagan, Kibawe, Damulog, and Kadingilan.
CAMIGUIN, one (1)
MISAMIS OCCIDENTAL, with the Cities of Oroquieta,
Ozamiz and Tangub, two (2) – First District: Oroquieta City
and the Municipalities of Baliangao, Plaridel, Calamba,
Sapang Dalaga, Lopez Jaena, Aloran, Concepcion,
Panaon, and Jimenez; Second District: Ozamiz City,
Tangub City, and the Municipalities of Bonifacio, Tudela,
Clarin, Sinacaban, and Don Mariano Marcos.
MISAMIS ORIENTAL, with Gingoog City, two (2) – First
District: Gingoog City and the Municipalities of
Magsaysay, Talisayan, Balingoan, Medina, Kinogitan,
Sugbongcogon, Binuangan, Salay, Lagonglong, and
Balingasag; Second District: Municipalities of Claveria,
Jasaan, Villanueva, Tagoloan, Alubijid, El Salvador,
Gitagum, Initao, Laguindingan, Libertad, Lugait,
Manticao, Naawan, and Opol.
CAGAYAN DE ORO CITY, one (1)
SURIGAO DEL NORTE, with the City of Surigao, two (2) –
First District: Municipalities of Sta. Monica, San Isidro, Del
Carme, Pilar, General Luna, Dapa, Socorro, Burgos, San
Benito, Loreto, Libjo, Dinagat, Cagdianao, Tubajon, and
Basilisa; Second District: Surigao City and the
Municipalities of San Francisco, Tagana-an, Sison, Placer,
Malimono, Bacauag, Gigaquit, Tubod, Mainit, Alegria, and
Claver.
REGION XI
DAVAO DEL NORTE, three (3) – First District:
Municipalities of Moncayo, Montevista, Compostela,
Nabunturan, New Bataan, Mawab, and San Mariano;
Second District: Municipalities of San Vicente,
Capalong,Asuncion, New Corella, Tagum, Maco, Mabini,
and Pantukan; Third District: Municipalities of Sto. Tomas,
Carmen, Panabo, Babak, Samal, and Kaputian.
DAVAO ORIENTAL, two (2) – First District: Municipalities
ofBoston, Cateel, Baganga, Caraga, Manay, andTarragona;
Second District: Municipalities of Mati, Banaybanay,
Lupon,San Isidro, and Governor Generoso.
DAVAO DEL SUR, two (2) – First District: Municipalities of
Magsaysay, Bansalan, Sta. Cruz, Matanao, Digos, Hagonoy,
and Padada; Second District: Municipalities of Kiblawan,
Sulop, Malalag, Sta. Maria, Malita, Jose Abad Santos, Don
Marcelino, and Saranggani.
DAVAO CITY, three (3) – First District: Districts of
Poblacion and Talomo; Second District: Districts of
Buhangin, Bunawan, and Paquibato; Third District:
Districts of Toril, Tugbok, Calinan, andBaguio.
SOUTH COTABATO, with General Santos City, three (3) –
First District: General Santos City, and the Municipalities
of Polomolok, Tampakan, and Tupi; Second District:
Municipalities of Tantangan, Norala, Banga, Sto. Nino,
Surallah, Koronadal, Tiboli, andLakeSebu; Third District:
Municipalities of Alabel, Malapatan, Glan, Maasim,
Kiamba, Maitum, and Malungon.
SURIGAO DEL SUR, two (2) – First District: Municipalities
of Bayabas, Cantilan, Carrascal, Cortes, Lanuza, Madrid,
San Miguel, Tago, Tandag, Cagwit, Marihatag, San
Agustin, Carmen, and Lianga; Second District:
Municipalities of Barobo, Bislig, Hinatuan, Lingig, and
Tagbina.
REGION XII
LANAO DEL NORTE, with Iligan City, two (2) – First District:
Iligan City, Linamon, Kauswagan,Bacolod, Maigo,
Kolambugan, Tubod, and Baroy; Second District: Baloi,
Pantar, Tagoloan, Poona-Piagapo, Pantao-Ragat,
Matungao, Tangkal, Munai, Nunungan,
Magsaysay,Salvador, Kapatagan, Karomatan. Sapad, and
Lala.
LANAO DEL SUR, with Marawi City, (2) – First District:
Marawi City and the Municipalities of Marantao, Piagapo,
Saguiaran, Tagoloan, Kapai, Ditsaan – Ramain, Bubong,
Buadiposo-Buntong, Bumbaran, Maguing, Wao,
Molundo, Taraka, Lumba-Bayabao, Poona-Bayabao, Masiu
and Tamparan; Second District: Municipalities of
Balindong, Tugaya, Bacolod Grande, Madalum, Madamba,
Pualas, Ganassi, Pagayawan, Sultan Gumander,
Malabang, Balabagan, Kapatagan, Marogong, Tubaran,
Binidayan, Lumbatan, Lumbayanague, Butig, Bayang and
Calanogas.
MAGUINDANAO, with Cotabato City, two (2) – First
District: Cotabato City and the Municipalities of Parang,
Sultan Kudarat, Buldon, Barira, Dinaig, Kabuntalan,
Matanog and Upi; Second District: Municipalities of
Pagalunga, Buluan, Sultan sa Barongis, Maganoy, Talaya,
South Upi, Datu Piang, Datu Paglas, and Ampatuan.
NORTH COTABATO, two (2) – First District: Municipalities
of Carmen, Kabacan, Libungan, Midsayap, Pigkawayan,
Pikit, Aleosan, Banisilan, and Alamada; Second District:
Municipalities of Kidapawan, Makilala, Matalam, Antipas,
Mlang, Pres. Roxas Tulunan, and Magpet.
SULTAN KUDARAT, one (1)
Section 2. The Commission on Elections is hereby
empowered to make minor adjustments of the
reapportionment herein made.
Section 3. Any province that may hereafter be created,
or any city whose population may hereafter increase to
more than two hundred fifty thousand shall be entitiled
in the immediately following election to at least one
Member or such number of Members as it may be
entitled to on the basis of the number of its inhabitants
and according to the standards setforth in paragraph (3),
Section 5 of Article VI of the Constitution. The number of
Members apportioned to the province out of which such
new province was created or where the city, whose
population has so increased, is geographically located
shall be correspondingly adjusted by the Commission on
Elections but such adjustment shall not be made within
one hundred and twenty days before the election.
Section 4. This Ordinance shall be appended to the
Constitution proposed by the 1986 Constitutional
Commission, and shall be submitted to a plebiscite
simultaneously with such Constitution, and shall take
effect upon its ratification by a majority of the votes cast
in such plebiscite.
1973 CONSTITUTION OF THE REPUBLIC
OF THE PHILIPPINES
AS AMENDED IN OCTOBER 16-17, 1976, ON JANUARY
30, 1980, AND APRIL 7, 1981
PREAMBLE
We, the sovereign Filipino people, imploring the aid of
Divine Providence, in order to establish a government
that shall embody our ideals, promote the general
welfare, conserve and develop the patrimony of our
Nation, and secure to ourselves and our posterity the
© Compiled by RGL
blessings of democracy under a regime of justice, peace,
liberty, and equality, do ordain and promulgate this
Constitution.
ARTICLE I NATIONAL TERRITORY
Section 1. The national territory comprises the Philippine
archipelago, with all the islands and waters embraced
therein, and all the other territories belonging to the
Philippines by historic or legal title, including the
territorial sea, the air space, the subsoil, the sea-bed, the
insular shelves, and the submarine areas over which the
Philippines has sovereignty or jurisdiction. The waters
around, between, and connecting the islands of the
archipelago, irrespective of their breadth and dimensions,
form part of the internal waters of the Philippines.
ARTICLE II DECLARATION OF PRINCIPLES
AND STATE POLICIES
Section 1. The Philippines is a republican state.
Sovereignty resides in the people and all government
authority emanates from them.
Section 2. The defense of the State is the prime duty of
government, and in the fulfillment of this duty all citizens
may be required by law to render personal military or civil
service.
Section 3. The Philippines renounces war as an
instrument of national policy, adopts the generally
accepted principles of international law as part of the law
of the land, and adheres to the policy of peace, equality,
justice, freedom, cooperation, and amity with all nations.
Section 4. The State shall strengthen the family as a
basic social institution. The natural right and duty of
parents in the rearing of the youth for civic efficiency
and the development of moral character shall receive
the aid and support of the government.
Section 5. The State recognizes the vital role of the
youth in nation-building and shall promote their
physical, intellectual and social well-being.
Section 6. The State shall promote social justice to ensure
the dignity, welfare, and security of all the people.
Towards this end, the State shall regulate the acquisition,
ownership, use, enjoyment, and disposition of private
property, and equitably diffuse property ownership and
profits.
Section 7. The State shall establish, maintain, and ensure
adequate social services in the field of education, health,
housing, employment, welfare, and social security to
guarantee the enjoyment of the people of a decent
standard of living.
Section 8. Civilian authority is at all times supreme over
the military.
Section 9. The State shall afford protection to labor,
promote full employment and equality in employment,
ensure equal work opportunities regardless of sex, race, or
creed, and regulate the relation between workers and
employers. The State shall assure the rights of workers to
self-organization, collective bargaining, security of tenure,
and just and humane conditions of work. The State may
provide for compulsory arbitration.
Section 10. The State shall guarantee and promote the
autonomy of local government units, especially the barrio,
to ensure their fullest development as self-reliant
communities.
ARTICLE III CITIZENS
Section 1. The following are citizens of the Philippines:
1. Those who are citizens of the Philippines at the time of
the adoption of this Constitution.
2. Those whose fathers and mothers are citizens of the
Philippines.
30 of 188
3. Those who elect Philippine citizenship pursuant to the
provisions of the Constitution of nineteen hundred and
thirty-five.
4. Those who are naturalized in accordance with law.
Section 2. A female citizen of the Philippines who marries
an alien retains her Philippine citizenship, unless by her
act or omission she is deemed, under the law, to have
renounced her citizenship.
Section 3. Philippine citizenship may be lost or
reacquired in the manner provided by law.
Section 4. A natural-born citizen is one who is a citizen of
the Philippines from birth without having to perform any
act to acquire or perfect his Philippine citizenship.
ARTICLE IV BILL OF RIGHTS
Section 1. No person shall be deprived of life, liberty, or
property without due process of law, nor shall any person
be denied the equal protection of the laws.
Section 2. Private property shall not be taken for public
use without just compensation.
Section 3. The right of the people to be secure in their
persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature
and whatever purpose shall not be violated, and no
search warrant or warrant of arrest shall issue except
upon probable cause to be determined by the judge, or
such other responsible officer as maybe authorized by
law, after examination under oath or affirmation of the
complainant and the witnesses he may produce, and
particularly describing the place to be searched, and the
persons or things to be seized.
Section 4.
1. The privacy of communication and correspondence
shall be inviolable except upon lawful order of the court,
or when public safety and order require otherwise.
2. Any evidence obtained in violation of this or the
preceding Section shall be inadmissible for any purpose
in any proceeding.
Section 5. The liberty of abode and of travel shall not be
impaired except upon lawful order of the court, or when
necessary in the interest of national security, public
safety, or public health.
Section 6. The right of the people to information on
matters of public concern shall be recognized. Access to
official records, and to documents and papers pertaining
to official acts, transactions, or decisions, shall be afforded
the citizen subject to such limitations as may be provided
by law.
Section 7. The right to form associations or societies for
purposes not contrary to the law shall not be abridged.
Section 8. No law shall be made respecting an
establishment of religion, or prohibiting the free exercise
thereof. The free exercise and enjoyment of religious
profession and worship, without discrimination or
preference, shall forever be allowed. No religious test
shall be required for the exercise of civil or political
rights.
Section 9. No law shall be passed abridging the freedom
of speech, or the press, or the right of the people
peaceably to assemble and petition the government for
redress of grievances.
Section 10. No law granting a title of royalty or nobility
shall be enacted.
Section 11. No law impairing the obligation of contracts
shall be passed.
Section 12. No ex post facto law or bill of attainder shall be
enacted.
Section 13. No person shall be imprisoned for debt or non-
payment of a poll tax.
Section 14. No involuntary servitude in any form shall
exist except as a punishment for a crime whereof the
party shall have been duly convicted.
Section 15. The privilege of the writ of habeas corpus shall
not be suspended except in cases of invasion,
insurrection, or rebellion, or imminent danger thereof,
when the public safety requires it.
Section 16. All persons, shall have the right to a speedy
disposition of their cases in all judicial, quasi-judicial, or
administrative bodies.
Section 17. No person shall be held to answer for a
criminal offense without due process of law.
Section 18. All persons, except those charged with capital
offenses when evidence of guilt is strong shall, before
conviction, be bailable by sufficient sureties. Excessive bail
shall not be required.
Section 19. In all criminal prosecutions, the accused shall
be presumed innocent until the contrary is proved, and
shall enjoy the right to be heard by himself and counsel,
to be informed of the nature and cause of the accusation
against him, to have a speedy, impartial, and public trial,
to meet the witnesses face to face, and to have
compulsory process to secure the attendance of
witnesses and the production of evidence in his behalf.
However, after arraignment, trial may proceed
notwithstanding the absence of the accused provided
that he has been duly notified and his failure to appear is
unjustified.
Section 20. No person shall be compelled to be a witness
against himself. Any person under investigation for the
commission of an offense shall have the right to remain
silent and to counsel, and to be informed of such right.
No force, violence, threat, intimidation, or any other
means which vitiates the free will shall be used against
him. Any confession obtained in violation of this section
shall be inadmissible in evidence.
Section 21. Excessive fines shall not be imposed nor
cruel or unusual punishment inflicted.
Section 22. No person shall be twice put in jeopardy of
punishment for the same offense. If an act is punished
by a law and an ordinance, conviction or acquittal under
either shall constitute a bar to another prosecution for
the same act.
Section 23. Free access to the courts shall not be denied
to any person by reason of poverty.
ARTICLE V DUTIES AND OBLIGATIONS
OF CITIZENS
Section 1. It shall be the duty of the citizen to be loyal to
the Republic and to honor the Philippine flag, to defend
the State and contribute to its development and welfare,
to uphold the Constitution and obey the laws, and to
cooperate with the duly constituted authorities in the
attainment and preservation of a just and orderly society.
Section 2. The rights of the individual impose upon him
the correlative duty to exercise them responsibly and with
due regard for the rights of others.
Section 3. It shall be the duty of every citizen to engage in
gainful work to assure himself and his family a life worthy
of human dignity.
Section 4. It shall be the obligation of every citizen
qualified to vote to register and cast his vote.
ARTICLE VI SUFFRAGE
Section 1. Suffrage shall be exercised by citizens of the
Philippines not otherwise disqualified by law, who are
eighteen years of age or over and who shall have resided
in the Philippines for at least one year and in the place
wherein they propose to vote for at least six months
preceding the election. No literacy, property or other
substantive requirement shall be imposed on the
exercise
of, suffrage. The Batasang Pambansa shall provide a
system for the purpose of securing the secrecy and
sanctity of the vote.
ARTICLE VII THE PRESIDENT AND
VICE-PRESIDENT
Section 1. The President shall be the head of state and
chief executive of the Republic of the Philippines.
Section 2. There shall be a Vice-President who shall have
the same qualifications and term of office as the
President and may be removed from office in the same
manner as the President as provided in Article XIII,
Section 2 of this Constitution.
The Vice-President may be appointed as a member of
the Cabinet and may be nominated and elected as Prime
Minister.
The Vice-President shall be elected with and in the same
manner as the President.
The President shall be elected from among the Members
of the National Assembly by a majority vote of all its
Members for a term of six years from the date he takes
his oath of office, which shall not be later than three
days after the proclamation of the National Assembly,
nor in any case earlier than the expiration of the term of
his predecessor. Upon taking his oath of office, the
President shall cease to be a Member of the National
Assembly and of any political party. He shall be ineligible
to hold any other elective office during his term.
Section 3. No person may be elected President unless he
is at least fifty years of age at the day of his election as
President, and a resident of the Philippines for at least
ten years immediately preceding his election. However,
if no Member of the National Assembly is qualified or
none of those qualified is a candidate for President, any
Member thereof may be elected President.
Section 4.
1. The President shall have an official residence and shall
receive a compensation to be fixed by law, which shall
not be increased or decreased during his term of office.
He shall not receive during his tenure any other
emolument from the government or any other source.
Until the National Assembly shall provide otherwise, the
President shall receive an annual salary of one hundred
thousand pesos.
2. The President shall not during his tenure, hold any
appointive office, practice any profession, participate
directly or indirectly in the management of any business,
or be financially interested directly or indirectly in any
contract with, or in any franchise or special privilege
granted by, the government or any subdivision, agency,
or instrumentality thereof, including government-owned
or controlled corporations.
Section 5. In case of permanent disability, death,
removal from office, or resignation of the President, the
Speaker of the National Assembly shall act as President
until a successor has been elected for the unexpired
portion of the term of the President.
Section 6. The President shall have the following duties
and functions:
1. Address the National Assembly at the opening of its
regular session.
2. Proclaim the election of the Prime Minister.
3. Dissolve the National Assembly and call for a general
election as provided herein.
4. Accept the resignation of the Cabinet as provided
herein.
5. Attest to the appointment or cessation from office of
Members of the Cabinet, and of other officers as may be
provided by law.
6. Appoint all officers and employees in his office in
accordance with the Civil Service Law.
7. Perform such other duties and functions of State as
may be provided by law.
ARTICLE VIII THE NATIONAL ASSEMBLY
Section 1. The Legislative power shall be vested in a
National Assembly.
Section 2. The National Assembly shall be composed of
as many Members as may be provided by law to be
appointed among the provinces, representative districts,
and cities in accordance with the number of their
respective inhabitants and on the basis of a uniform and
progressive ratio. Each district shall comprise, as far as
practicable, contiguous, compact, and adjacent territory.
Representative districts or provinces already created or
existing at the time of the ratification of this Constitution
shall have at least one Member each.
Section 3.
1. The Members of the National Assembly shall be elected
by the qualified electors in their respective districts for a
term of six years which shall begin, unless otherwise
provided by law, at noon on the thirtieth day of June next
following their election.
2. In case the National Assembly is dissolved, the newly
elected Members shall serve the unexpired portion of
the term from the time the Prime Minister convenes the
Assembly, which shall not be later than thirty days
immediately following the elections.
Section 4. No person shall be a Member of the National
Assembly unless he is a natural-born citizen of the
Philippines and, on the day of the election, is at least
twenty-five years of age, able to read and write, a
registered voter in the district in which he shall be
elected, and a resident thereon for a period of not less
than one year immediately preceding the day of the
election.
Section 5.
1. Unless otherwise provided by law, the regular election
of Members of the National Assembly shall be held on the
second Monday of May every six years thereafter.
2. In case a vacancy arises in the National Assembly one
year or more before a regular election, the Commission
on Elections shall call a special election to be held within
sixty days after the vacancy occurs.
Section 6. The National Assembly shall convene once
every year on the fourth Monday of July for its regular
session, unless a different date is fixed by law, and shall
continue to be in session until thirty days before the
opening of its next regular session, exclusive of
Saturdays, Sundays, and legal holidays. It may recess for
periods not exceeding thirty days each, and not more
than ninety days during the year. However, it may be
called to session at any time by the Prime Minister to
consider such subjects or legislation as he may
designate.
Section 7.
1. The National Assembly, shall, by a majority vote of all its
Members, elect its Speaker from the Members thereof. It
shall choose such other officers as it may deem
necessary. The election of the President and the Prime
Minister shall precede all other business following the
election of the Speaker.
2. A majority of the National Assembly shall constitute a
quorum to do business, but a smaller number may
adjourn from day to day and may compel the attendance
of absent Members in such manner, and under such
penalties, as the National Assembly may provide.
3. The National Assembly may determine the rules of its
proceedings, punish its Members for disorderly behavior,
and with concurrence of two-thirds of all its Members,
suspend or expel a Member, but if the penalty is
suspension, this shall not exceed sixty days.
4. The National Assembly shall keep a Journal of its
proceedings, and from time to time publish the same,
excepting such parts as may, in its judgment, affect
national security; and the yeas and nays on any question
shall, at the request of one-fifth of the Members present,
be entered in the Journal.
Section 8.
1. Unless otherwise provided by law, each Member of
the National Assembly shall receive an annual salary of
sixty thousand pesos. The Speaker of the National
Assembly shall receive an annual salary of seventy-five
thousand pesos. No increase in salary shall take effect
until after the expiration of the term of the Members of
the National Assembly approving such increase.
2. The records and books of accounts of the National
Assembly shall be open to the public in accordance with
law, and such books shall be audited by the Commission
on Audit which shall publish annually the itemized
expenditures for each Member.
Section 9. A Member of the National Assembly shall, in all
offenses punishable by not more than six years
imprisonment, be privileged from arrest during his
attendance at its sessions, and in going to and returning
from the same; but the National Assembly shall surrender
the Member involved to the custody of the law within
twenty-four hours after its adjournment for a recess or its
next session, otherwise such privilege shall cease upon its
failure to do so. A Member shall not be questioned or held
liable in any other place for any speech or debate in the
Assembly or in any committee thereof.
Section 10. A Member of the National Assembly shall
not hold any other office or employment in the
government, or any subdivision, agency, or
instrumentality thereof, including government-owned or
controlled corporations during his tenure except that of
Prime Minister or Member of the Cabinet. Neither shall
he be appointed to any civil office which may have been
created or the emoluments thereof increased while he
was a Member of the National Assembly.
Section 11. No Member of the National Assembly shall
appear as counsel before any court inferior to a court
with appellate jurisdiction, before any court in any civil
case wherein the government, or any subdivision,
agency, or instrumentality thereof is the adverse party,
or before any administrative body. Neither shall he,
directly or indirectly, be interested financially in any
contract with, or in any franchise or special privilege
granted by, the government, or any subdivision, agency,
or instrumentality thereof, including any government-
owned or controlled corporation, during his term of
office. He shall not intervene in any matter before any
office of the government for his pecuniary benefit.
Section 12.
1. There shall be a question hour at least once a month or
as often as the rules of the National Assembly may
provide, which shall be included in its agenda, during
which the Prime Minister or any Minister may be required
to appear and answer questions and interpellations by
Members of the National Assembly. Written questions
shall be submitted to the Speaker at least three days
before a scheduled question hour. Interpellations shall
not be limited to the written questions, but may cover
matters related thereto. The agenda shall specify the
subjects of the question hour. When the security of the
State so requires and the Prime Minister so states in
writing, the question hour shall be conducted in
executive session.
2. The National Assembly or any of its committees may
conduct inquiries in aid of legislation in accordance with
its duly published rules of procedure. The rights of
persons appearing in such inquiries shall be respected.
Section 13.
1 The National Assembly may withdraw its confidence
from the Prime Minister only by electing a successor by a
majority vote of all its Members. No motion for the
election of such successor shall be debated and voted
upon until after the lapse of three days from the
submittal of such motion.
2. The Prime Minister may advise the President in writing
to dissolve the National Assembly whenever the need
arises for a popular vote of confidence on fundamental
issues, but not on a matter involving his own personal
integrity. Whereupon, the President shall dissolve the
National Assembly not earlier than five days nor later
than ten days from his receipt of the advice, and call for
an election on a date set by the Prime Minister which
shall not be earlier than forty-five days nor later than
sixty days from the date of such dissolution. However,
no dissolution of the National Assembly shall take place
within nine months immediately preceding a regular
election or within nine months immediately following
any general election.
3. In case of dissolution of the National Assembly or the
termination of its regular term, the incumbent Prime
Minister and the Cabinet shall continue to conduct the
affairs of government until the new National Assembly is
convoked and a Prime Minister is elected and has
qualified.
Section. 14.
1. Except as otherwise provided in this Constitution, no
treaty shall be valid and effective unless concurred in by a
majority of all the Members of the National Assembly.
2. The National Assembly, by a vote of two-thirds of all its
Members, shall have the sole power to declare the
existence of a state of war.
Section 15. In times of war or other national emergency,
the National Assembly may by law authorize the Prime
Minister, for a limited period and subject to such
restrictions as it may prescribe, to exercise powers
necessary and proper to carry out a declared national
policy. Unless sooner withdrawn by resolution of the
National Assembly, such powers shall cease upon its next
adjournment.
Section 16.
1. The Prime Minister shall submit to the National
Assembly within thirty days from the opening of each
regular session, as the basis of the general appropriations
bill, a budget of receipts based on existing and proposed
revenue measures, and of expenditures. The form,
content, and manner of preparation of the budget shall
be prescribed by law.
2. No provision or enactment shall be embraced in the
general appropriations bill unless it relates specifically to
some particular appropriation therein. Any such provision
or enactment shall be limited in its operation to the
appropriation to which it relates.
3. The procedure in approving appropriations for the
National Assembly shall strictly follow the procedure for
approving appropriations for other departments and
agencies.
4. A special appropriations bill shall specify the purpose
for which it is intended, and shall be supported by funds
actually available as certified to by the National Treasurer,
or to be raised by a corresponding revenue proposal
included therein.
5. No law shall be passed authorizing any transfer of
appropriations; however, the Prime Minister, the Speaker,
the Chief Justice of the Supreme Court, and the heads of
Constitutional Commissions may by law be authorized to
augment any item in the general appropriations law for
their respective offices from saving in other items of their
respective appropriations.
6. If, by the end of the fiscal year, the National Assembly
shall have failed to pass the general appropriations bill for
the ensuing fiscal year, the general appropriations law for
the preceding fiscal year shall be deemed re-enacted and
shall remain in force and effect until the general
appropriations bill is passed by the National Assembly.
Section 17.
1. The rule of taxation shall be uniform and equitable. The
National Assembly shall evolve a progressive system of
taxation.
2. The National Assembly may by law authorize the Prime
Minister to fix within specified limits, and subject to such
limitations and restrictions as it may impose, tariff rates,
import and export quotas, tonnage and wharfage dues,
and other duties or imposts.
3. Charitable institutions, churches, personages or
convents appurtenant thereto, mosques and non-profit
cemeteries, and all lands, buildings and improvements
actually, directly, and exclusively used for religious or
charitable purposes shall be exempt from taxation.
4. No law granting any tax exemption shall be passed
without the concurrence of a majority of all the
Members of the National Assembly.
Section 18.
1. No money shall be paid out of the Treasury except in
pursuance of an appropriation made by law.
2. No public money or property shall ever be
appropriated, applied, paid, or used, directly or indirectly,
for the use, benefit, or support of any sect, church,
denomination, sectarian institution, or system of religion
or for the use, benefit, or support of any priest, preacher,
minister, or other religious teacher or dignitary as such,
except when such priest, preacher, minister, or dignitary
is assigned to the armed forces, or to any penal
institution, or government orphanage or leprosarium.
Section 19.
1. Every bill shall become a law unless it has passed three
readings on separate days, and printed copies thereof in
its final form have been distributed to the Members
three days before its passage, except when the Prime
Minister certifies to the necessity of its immediate
enactment to meet a public calamity or emergency.
Upon the last reading of a bill, no amendment thereto
shall be allowed, and the vote thereon shall be taken
immediately thereafter, and the yeas and nays entered
in the Journal.
2. No bill except those of local application shall be
calendared without the prior recommendation of the
Cabinet.
Section 20.
1. Every bill passed by the national Assembly shall, before
it becomes a law, be presented to the Prime Minister. If
he approves the same he shall sign it; otherwise, he shall
veto it and return the same with his objections to the
National Assembly. The bill may be reconsidered by the
National Assembly and, if approved by two-thirds of all
its Members, shall become a law. The Prime Minister
shall act on every bill passed by the National Assembly
within thirty days after the date of receipt thereof;
otherwise, it shall become a law as if he had signed it.
2. The Prime Minister shall have the power to veto any
particular item or items in appropriation, revenue, or tariff
bill, but the veto shall not affect the item or items to
which he does not object.
ARTICLE IX THE PRIME MINISTER AND
THE CABINET
Section 1. The Executive power shall be exercised by the
Prime Minister with the assistance of the Cabinet. The
Cabinet, headed by the Prime Minister, shall consist of the
heads of ministries as provided by law. The Prime Minister
shall be the head of the government.
Section 2. The Prime Minister and the cabinet shall be
responsible to the National Assembly for the program of
government and shall determine the guidelines of
national policy.
Section 3. The Prime Minister shall be elected by a majority
of all the Members of the National Assembly from among
themselves.
Section 4. The Prime Minister shall appoint the members
of the Cabinet who shall be the heads of ministries at
least a majority of whom shall come from the National
Assembly. Members of the Cabinet may be removed at
the discretion of the Prime Minister.
Section 5.
1. The Prime Minister shall appoint the Deputy Prime
Minister from among the Members of the National
Assembly. The Deputy Prime Minister shall head a
ministry and shall perform such other functions as may
be assigned to him by the Prime Minister.
2. The Prime Minister shall also appoint the Deputy
Ministers who shall perform such functions as may be
assigned to them by law or by the respective heads of
ministries.
Section 6. The Prime Ministers and the Members of the
Cabinet, on assuming office, shall take the following oath
or affirmation:
“I do solemnly swear (or affirm) that I will faithfully and
conscientiously fulfill my duties as (name of position) of
the Philippines, preserve and defend its Constitution,
execute its laws, do justice to every man and consecrate
myself to the service of the Nation. So help me God.” (In
case of affirmation, the last sentence will be omitted)
Section 7. The salaries and emoluments of the Prime
Minister and the Members of the Cabinet shall be fixed
by law which shall not be increased or decreased during
their tenure of office. Until otherwise provided by law,
the Prime Minister shall receive the same salary as that
of the President.
Section 8. The Prime Minister and the Members of the
cabinet shall be subject to the provisions of sections ten
and eleven of Article Eight hereof and may not appear as
counsel before any court or administrative body, or
participate in the management of any business, or
practice any profession.
Section 9. The Prime Minister or any Member of the
Cabinet may resign for any cause without vacating his
seat in the National Assembly.
Section 10. The Prime Minister shall, at the beginning of
each regular session of the National Assembly, and from
time to time thereafter, present the program of
government and recommend for the consideration of
the National Assembly such measures as he may deem
necessary and proper.
Section 11. The Prime Minister shall have control of all
ministries.
Section 12. The Prime Minister shall be commander-in-
chief of all armed forces of the Philippines, and whenever
it becomes necessary, he may call out such armed forces to
prevent or suppress lawless violence, invasion,
insurrection, or rebellion. In case of invasion, or rebellion,
or imminent danger thereof when the public safety
requires, it he may suspend the privilege of the writ of
habeas corpus, or place the Philippines or any part thereof
under martial law.
Section 13. The Prime Minister shall appoint the heads of
bureaus and offices, the officers of the armed forces of
the Philippines from the rank of brigadier general or
commodore, and all other officers of the Government
whose appointments are not herein otherwise provided
for, and those whom he may be authorized by law to
appoint. However, the National Assembly may by law vest
in members of the cabinet, courts, heads of agencies,
commissions, and boards the power to appoint inferior
officers in their respective offices.
Section 14. The Prime Minister may, except in cases of
impeachment grant reprieves, commutations, and
pardons, remit fines and forfeitures after final conviction,
and with the concurrence of the National Assembly,
grant amnesty.
Section 15. The Prime Minister may contract and
guarantee foreign and domestic loans on behalf of the
Republic of the Philippines, subject to such limitations as
may be provided by law.
Section 16. All powers vested in the President of the
Philippines under nineteen hundred and thirty-five
Constitution and the laws of the land which are not
herein provided for or conferred upon any official shall
be deemed, and are hereby, vested in the Prime
Minister, unless the National Assembly provides
otherwise.
ARTICLE X THE JUDICIARY
Section 1. The Judicial power shall be vested in one
Supreme Court and in such inferior courts as may be
established by law. The Batasang Pambansa shall have
the power to define, prescribe and apportion the
jurisdiction of the various courts, but may not deprive the
Supreme Court of its jurisdiction over cases enumerated
in Section five thereof.
Section 2.
1. The Supreme Court shall be composed of a Chief
Justice and fourteen Associate Justices. It may sit en
banc or in two divisions.
2. All cases involving the constitutionality of a treaty,
executive agreement, or law shall be heard and decided
by the Supreme Court en banc, and no treaty, executive
agreement, or law may be declared unconstitutional
without the concurrence of at least ten Members. All
other cases, which under its rules are required to be
heard en banc, shall be decided with the concurrence of
at least eight Members.
3. Cases heard by a division shall be decided with the
concurrence of at least five Members, but if such
required number is not obtained, the case shall be
decided en banc: Provided, that no doctrine or principle
of law laid down by the Court in a decision rendered en
banc or in a division may be modified or reversed except
by the Court sitting en banc.
Section 3.
1. No person shall be appointed Member of the Supreme
Court unless he is a natural born citizen of the Philippines,
at least forty years of age, and has for ten years or more
been a judge of a court of record or engaged in the
practice of law in the Philippines.
2. The Batasang Pambansa shall prescribe the
qualifications of judges of inferior courts, but no person
may be appointed judge thereof unless he is a natural-
born citizen of the Philippines and a member of the
Philippine Bar.
Section 4. The Members of the Supreme Court and
judges of inferior courts shall be appointed by the
President.
Section 5. The Supreme Court shall have the following
powers:
1. Exercise original jurisdiction over cases affecting
ambassadors, other public ministers and consuls, and
over petitions for certiorari, prohibition, mandamus, quo
warranto, and habeas corpus.
2. Review and revise, reverse, modify, or affirm on appeal
or certiorari, as the law or the rules of court may provide,
final judgments and decrees of inferior courts in:
1. All cases in which the constitutionality or validity of any
treaty, executive agreement, law, ordinance, or executive
order or regulation is in question.
2. All cases involving the legality of any tax, impost,
assessment, or toll, or any penalty imposed in relation
thereto.
3. All cases in which the jurisdiction of any inferior court is
in issue.
4. All criminal cases in which the penalty imposed is
death or life imprisonment.
5. All cases in which only an error or question of law is
involved.
3. Assign temporarily judges of inferior courts to other
stations as public interest may require. Such temporary
assignment shall not last longer than six months without
the consent of the judge concerned.
4. Order a change of venue or place of trial to avoid a
miscarriage of justice.
5. Promulgate rules concerning pleading, practice, and
procedure in all courts, the admission to the practice of
law, and the integration of the bar, which, however, may
be repealed, altered or supplemented by the Batasang
Pambansa. Such rules shall provide a simplified and
inexpensive procedure for the speedy disposition of
cases, shall be uniform for all courts of the same grade,
and shall not diminish, increase, or modify substantive
rights.
6. Appoint its officials and employees in accordance with
the Civil Service Law.
Section 6. The Supreme Court shall have administrative
supervision over all courts and the personnel thereof.
Section 7. The Members of the Supreme Court and
judges of inferior courts shall hold office during good
behavior until they reach the age of seventy years or
become incapacitated to discharge the duties of their
office. The Supreme Court shall have the power to
discipline judges of inferior courts and, by a vote of at
least eight Members, order their dismissal.
Section 8. The conclusions of the Supreme Court in any
case submitted to it for decision en banc or in division
shall be reached in consultation before the case is
assigned to a Member for the writing of opinion of the
Court. Any Member dissenting from a decision shall
state the reasons for his dissent. The same requirement
shall be observed by all inferior collegiate courts.
Section 9. Every decision of a court of record shall
clearly and distinctly state the facts and the law on
which it is based. The Rules of Court shall govern the
promulgation of minute resolutions.
Section 10. The salary of the Chief Justice and of the
Associate Justices of the Supreme Court, and of judges of
inferior courts shall be fixed by law, which shall not be
decreased during their continuance in office. Until the
Batasang Pambansa shall provide otherwise, the Chief
Justice shall receive an annual salary of seventy-five
thousand pesos, and each Associate Justice, sixty
thousand pesos.
Section 11.
1. Upon the effectivity of this Constitution, the maximum
period within which a case or matter shall be decided or
resolved from the date of its submission, shall be
eighteen months for the Supreme Court, unless reduced
by the Supreme Court, twelve months for all inferior
collegiate courts, and three months for all other inferior
courts.
2. With respect to the Supreme Court and other
collegiate appellate courts, when the applicable
maximum period shall have lapsed without the rendition
of the corresponding decision or resolution, because the
necessary vote cannot be had, the judgment, order, or
resolution appealed from shall be deemed affirmed
except in those cases where a qualified majority is
required and in appeals from judgments of conviction in
criminal cases, and in original special civil actions and
proceedings for habeas corpus, the petition in such cases
shall be deemed dismissed, and a certification to this
effect signed by the Chief Magistrate of the court shall
be issued and a copy thereof attached to the record of
the case.
Section 12. The Supreme Court shall, within thirty days
from the opening of each regular session of the Batasang
Pambansa, submit to the President, the Prime Minister,
and the Batasang Pambansa an annual report on the
operations and activities of the Judiciary.
ARTICLE XI LOCAL GOVERNMENT
Section 1. The territorial and political subdivisions of the
Philippines are the provinces, cities, municipalities, and
barrios.
Section 2. The Batasang Pambansa shall enact a local
government code which may not be thereafter amended
except by a majority vote of all its Members, defining a
more responsive and accountable local government
structure with an effective system of recall, allocating
among the different local government units their powers,
responsibilities, and resources, and providing for the
qualifications, election and removal, term, salaries,
powers, functions, and duties of local officials, and all
other matters relating to the organization and operation of
the local units. However, any change in the existing form
of local government shall not take effect until ratified by a
majority of the votes cast in a plebiscite called for the
purpose.
Section 3. No province, city, municipality, or barrio may be
created, divided, merged, abolished, or its boundary
substantially altered except in accordance with the
criteria established in the local government code, and
subject to the approval by a majority of the votes cast in a
plebiscite in the unit or units affected.
Section 4.
1. Provinces with respect to component cities and
municipalities with respect to component barrios, shall
ensure that the acts of their component units are within
the scope of their assigned powers and functions. Highly
urbanized cities, as determined by standards established
in the local government code shall be independent of
the province.
2. Local government units may group themselves, or
consolidate or coordinate their efforts, services, and
resources for purposes commonly beneficial to them.
Section 5. Each local government unit shall have the
power to create its own sources of revenue and to levy
taxes, subject to limitations as may be provided by law.
ARTICLE XII THE CONSTITUTIONAL
COMMISSIONS
A. Common Provisions
Section 1. The Constitutional Commissions shall be the
Civil Service Commission, the Commission on Elections,
and the Commission on Audit.
Section 2. Unless otherwise provided by law, the
Chairman and each Commissioner of a Constitutional
Commission shall receive an annual salary of sixty
thousand pesos, and fifty thousand pesos, respectively,
which shall not be decreased during their continuance in
office.
Section 3. No Member of the Constitutional Commission
shall, during his tenure in office, engage in the practice of
any profession or in the management of any business, or
be financially interested directly or indirectly in any
contract with, or in any franchise or privilege granted by,
the government, or any subdivision, agency, or
instrumentality, thereof, including government- owned or
controlled corporations.
Section 4. The Constitutional Commissions shall appoint
their officials and employees in accordance with the Civil
Service Law.
B. The Civil Service Commission
Section 1.
1. The Civil Service embraces every branch, agency,
subdivision, and instrumentality of the government,
including every government- owned or controlled
corporation. It shall be administered by an independent
Civil Service Commission composed of a Chairman and
two Commissioners who shall be natural-born citizens of
the Philippines, and at the time of their appointment, are
at least thirty-five years of age and holders of a college
degree, and must not have been candidates for any
elective position in the election immediately preceding
their appointment. The Chairman and the
Commissioners shall be appointed by the Prime Minister
for a term of seven years without reappointment. Of the
Commissioners first appointed, one shall hold office for
seven years, another for five years, and the third for three
years. Appointment to any vacancy shall be only for the
unexpired portion of the term of the predecessor.
2. The Commissioner shall, subject to such limitations as
may be provided by law, established a career service and
adopt measures to promote morale, efficiency, and
integrity in the Civil Service.
Section 2. Appointments in the Civil Service, except as to
those which are policy-determining, primarily
confidential, or highly technical in nature, shall be made
only according to merit and fitness, to be determined as
far as practicable by competitive examination.
Section 3. No officer or employee in the Civil Service
shall be suspended or dismissed except for cause
provided by law.
Section 4.
1. No elective official shall be eligible for appointment to
any office or position during his term of office.
2. No candidate who lost an election shall be eligible for
appointment or reappointment to any office in the
government, or in any government-owned or controlled
corporation, within one year following such election.
Section 5. No officer or employee in the Civil Service,
including members of the armed forces, shall engage
directly or indirectly in any partisan political activity or
take part in any election, except to vote.
Section 6. The National Assembly shall provide for the
standardization of compensation of government officials
and employees, including those in government-owned
and controlled corporations, taking into account the
nature of the responsibilities pertaining to, and the
qualifications required for, the positions concerned.
C. The Commission on Elections
Section 1.
1. There shall be an independent Commission on
Elections composed of a Chairman and eight
Commissioners who shall be natural-born citizens of the
Philippines and, at the time of their appointment, at
least thirty-five years of age and holders of college
degree. However, a majority thereof, including the
Chairman, shall be Members of the Philippine Bar who
have been engaged in the practice of law for at least ten
years.
2. The Chairman and the Commissioners shall be
appointed by the Prime Minister for a term of seven years
without reappointment. Of the Commissioners first
appointed, three shall hold office for seven years, three for
five years, and the last three for three years.
Appointments to any vacancy shall be only for the
unexpired portion of the term of the predecessor.
Section 2. The Commission on Elections shall have the
following powers and functions:
1. Enforce and administer all laws relative to the conduct
of elections.
2. Be the sole judge of all contests relating to the
elections, returns, and qualifications of all Members of
the National Assembly and elective provincial and city
officials. provincial and city officials.
3. Decide, save those involving the right to vote,
administrative questions affecting elections, including
the determination of the number and location of polling
places, the appointment of election officials and
inspectors, and the registration of voters.
4. Deputize, with the consent or at the instance of the
Prime Minister, law enforcement agencies and
instrumentalities of the Government, including the
Armed Forces of the Philippines, for the purpose of
ensuring free, orderly, and honest elections.
5. Register and accredit political parties subject to the
provisions of Section Eight hereof.
6. Recommend to the National Assembly effective
measures to minimize election expenses and prohibit all
forms of election frauds and malpractices, political
opportunism, guest or nuisance candidacy, or other
similar acts.
7. Submit to the President, Prime Minister, and the
National Assembly a report on the conduct and manner
of each election.
8. Perform such other functions as may be provided by
law.
Section 3. The Commission on Elections may sit en banc
or in three divisions. All election cases may be heard and
decided by divisions, except contests involving Members
of the National Assembly, which shall be heard and
decided en banc. Unless otherwise provided by law, all
election cases shall be decided within ninety days from
the date of their submission for decision.
Section 4. The Commission may recommend to the
Prime Minister the removal of, or any other disciplinary
action against, any officer or employee it has deputized,
for violation or disregard of, or disobedience to its
decision, order, or directive.
Section 5. The enjoyment or utilization of all franchises
or permits for the operation of transportation and other
public utilities, media of communication, all grants,
special privileges, or concessions granted by the
government, or any subdivision, agency or
instrumentality thereof, including any
government-owned or controlled corporation, may be
supervised or regulated by the Commission during the
election period for the purpose of ensuring free, orderly,
and honest elections.
Section 6. Unless otherwise fixed by the Commission in
special cases, the election period shall commence ninety
days before the day of election and shall end thirty days
thereafter.
Section 7. No pardon, parole, or suspension of sentence
for violation of the law or rules and regulations
concerning elections be granted without the
recommendation of the Commission.
Section 8. A political party shall be entitled to
accreditation by the Commission if, in the immediately
preceding election, such party has obtained at least the
third highest number of votes cast in the constituency to
which it seeks accreditation. No religious sect shall be
registered as a political party and no political party
which seeks to achieve its goals through violence or
subversion shall be entitled to accreditation.
Section 9.
1. Bona fide candidates for any public office shall be free
from any form of harassment and discrimination.
2. No party or candidate shall have membership in the
registration board, board of election inspectors, board of
canvassers, or other similar bodies.
Section 10. No elective public officer may change his
political party affiliation during his term of office and no
candidate for any elective public office may change his
political party affiliation within six months immediately
preceding or following an election.
Section 11. Any decision, order, or ruling of the
Commission may be brought to the Supreme Court on
certiorari by the aggrieved party within thirty days from
his receipt of a copy thereof.
D. Commission on Audit
Section 1.
1. There shall be an independent Commission on Audit
composed of a Chairman and two Commissioners who
shall be natural-born citizens of the Philippines and, at
the time of their appointment, at least forty years of age
and certified public accountants or members of the
Philippine Bar for at least ten years.
2. The Chairman and the Commissioners shall be
appointed by the Prime Minister for a term of seven years
without reappointment. Of the Commissioners first
appointed, one shall hold office for seven years, another
for five years, and the third for three years. Appointment
to any vacancy shall be only for the unexpired portion of
the term of the predecessor.
Section 2. The Commission on Audit shall have the
following powers and functions:
1. Examine, audit, and settle, in accordance with law and
regulations, all accounts pertaining to the revenues and
receipts of, and expenditures or uses of funds and
property, owned or held in trust by, or pertaining to, the
Government, or any of its subdivisions, agencies, or
instrumentalities, including government-owned and
controlled corporations; keep the general accounts of the
government and, for such period as may be provided by
law, preserve the vouchers pertaining thereto; and
promulgate accounting and auditing rules and
regulations including those for the prevention of
irregular, unnecessary, excessive, or extravagant
expenditures or use of funds and property.
2. Decide any case brought before it within sixty days
from the date of its submission for resolution. Unless
otherwise provided by law, any decision, order, or ruling
of the Commission may be brought to the Supreme
Court on certiorari by the aggrieved party within days
from his receipt of a copy thereof.
3. Submit to the President, the Prime Minister, and the
National Assembly, within the time fixed by law, an
annual financial report of the government, its
subdivisions, agencies, and instrumentalities, including
government-owned and controlled corporations, and
recommend measures necessary to improve their
efficiency and effectiveness. It shall submit such other
reports as may be required by law.
4. Perform such other duties and functions as may be
prescribed by law.
ARTICLE XIII ACCOUNTABILITY OF
PUBLIC OFFICERS
Section 1. Public office is a public trust. Public officers
and employees shall serve with the highest degree of
responsibility, integrity, loyalty, and efficiency, and shall
remain accountable to the people.
Section 2. The President, the Justices of the Supreme
Court, and the Members of the Constitutional
Commissions shall be removed from office on
impeachment for, and conviction of, culpable violation
of the Constitution, treason, bribery, other high crimes,
or graft and corruption.
Section 3. The National Assembly shall have the
exclusive power to initiate, try, decide all cases of
impeachment. Upon the filing of a verified complaint,
the National Assembly may initiate impeachment by a
vote of at least one-fifth of all its Members. No official
shall be convicted
without the concurrence of at least two-thirds of all the
members thereof. When the National Assembly sits in
impeachment cases, its Members shall be on oath or
affirmation.
Section 4. Judgment in cases of impeachment shall be
limited to removal from office and disqualification to
hold any office of honor, trust, or profit under the
Republic of the Philippines, but the party convicted shall
nevertheless be liable and subject to prosecution, trial,
and punishment, in accordance with law.
Section 5. The National Assembly shall create a special
court, to be known as Sandiganbayan, which shall have
jurisdiction over criminal and civil cases involving graft
and corrupt practices and such other offenses
committed by public officers and employees, including
those in government-owned or controlled corporations,
in relation to their office as may be determined by law.
Section 6. The National Assembly shall create an office of
the Ombudsman, to be known as Tanodbayan, which
shall receive and investigate complaints relative to public
office, including those in government-owned or
controlled corporations, make appropriate
recommendations, and in case of failure of justice as
defined by law, file and prosecute the corresponding
criminal, civil, or administrative case before the proper
court or body.
ARTICLE XIV THE NATIONAL ECONOMY
AND THE PATRIMONY OF THE NATION
Section 1. The National Assembly shall establish a
National Economic and Development Authority, to be
headed by the Prime Minister, which shall recommend
to the National Assembly, after consultation with the
private sector, local government units, and other
appropriate public agencies, continuing, coordinated,
and fully integrated social and economic plans and
programs.
Section 2. The State shall regulate or prohibit private
monopolies when the public interest so requires. No
combinations in restraint of trade or unfair competition
shall be allowed.
Section 3. The National Assembly shall, upon
recommendation of the National Economic and
Development Authority, reserve to citizens of the
Philippines or to corporations or associations wholly
owned by such citizens, certain traditional areas of
investments when the national interest so dictates.
Section 4. The National Assembly shall not, except by
general law, provide for the formation, organization, or
regulation of private corporations, unless such
corporations are owned or controlled by the government
or any subdivision or instrumentality thereof.
Section 5. No franchise, certificate, or any other form of
authorization for the operation of a public utility shall be
granted except to citizens of the Philippines at least sixty
per centum of the capital of which is owned by such
citizens, nor shall such franchise, certificate, or
authorization be exclusive in character or for a longer
period then fifty years. Neither shall any such franchise or
right be granted except under the condition that it shall
be subject to amendment, alteration, or repeal by the
National Assembly when the public interest so requires.
The State shall encourage equity participation in public
utilities by the general public. The participation of foreign
investors in the governing body of any public utility
enterprise shall be limited to their proportionate share in
the capital thereof.
Section 6. The State may, in the interest of the national
welfare or defense, establish and operate industries and
means of transportation and communication, and, upon
payment of just compensation, transfer to public
ownership utilities and other private enterprises to be
operated by the government.
Section 7. In times of national emergency when the
public interest so requires, the State may temporarily take
over or direct the operation of any privately owned public
utility or business affected with public interest.
Section 8. All lands of public domain, waters, minerals,
coal, petroleum and other mineral oils, all forces of
potential energy, fisheries, wildlife, and other natural
resources of the Philippines belong to the State. With the
exception of agricultural, industrial or commercial,
residential, or resettlement lands of the public domain,
natural resources shall not be alienated, and no license,
concession, or lease for the exploration, or utilization of
any of the natural resources shall be granted for a period
exceeding twenty-five years, except as to water rights for
irrigation, water supply, fisheries, or industrial uses other
than development of water power, in which cases,
beneficial use may by the measure and the limit of the
grant.
Section 9. The disposition, exploration, development,
exploitation, or utilization of any of the natural resources
of the Philippines shall be limited to citizens of the
Philippines, or to corporations or associations at least sixty
per centum of the capital which is owned by such
citizens. The National Assembly, in the national interest,
may allow such citizens, corporations or associations to
enter into service contracts for financial, technical,
management, or other forms of assistance with any
foreign person or entity for the exploration, or utilization
of any of the natural resources. Existing valid and binding
service contracts for financial, technical, management, or
other forms of assistance are hereby recognized as such.
Section 10. Lands of the public domain are classified into
agricultural, industrial, or commercial, residential,
resettlement, mineral, timber or forest, and grazing lands,
and such other classes as may be provided by law.
Section 11. The National Assembly taking into account
conservation, ecological, and developmental
requirements of the natural resources shall determine
by law the size of lands of the public domain which may
be developed, held or acquired by, or leased to, any
qualified individual, corporation or association, and the
conditions therefor. No private corporation or
association may hold alienable lands of the public
domain except by lease not to exceed one thousand
hectares in area; nor may any citizen hold such lands by
lease in excess of five hundred hectares or acquire by
purchase or homestead in excess of twenty-four
hectares. No private corporation or association may hold
by lease, concession, license, or permit timber or forest
lands and other timber or forest resources in excess of
one hundred thousand hectares; however, such area
may be increased by the National Assembly upon
recommendation of the National Economic and
Development Authority.
Section 12. The State shall formulate and implement an
agrarian reform program aimed at emancipating the
tenant from the bondage of the soil and achieving the
goals enunciated in this Constitution.
Section 13. The National Assembly may authorize, upon
payment of just compensation, the expropriation of public
lands to be subdivided into small lots and conveyed at
cost to deserving citizens.
Section 14. Save in cases of hereditary succession, no
private land shall be transferred or conveyed except to
individuals, corporations, or associations qualified to
acquire or hold lands of the public domain.
Section 15. Any provision of paragraph one, Section 14,
Article VIII and of this Article notwithstanding, the Prime
Minister may enter into international treaties or
agreement as the national welfare and interest may
require.
ARTICLE XV GENERAL PROVISIONS
Section 1. The flag of the Philippines shall be red, white,
and blue, with a sun and three stars, as consecrated and
honored by the people and recognized by law.
Section 2. The Interim National Assembly may by law
adopt a new name for the country, a national anthem,
and a national seal, which shall all be truly reflective and
symbolic of ideas, history, and traditions of the people.
Thereafter the national name, anthem, and seal so
adopted shall not be subject to change except by
constitutional amendment.
Section 3.
1. This Constitution shall be officially promulgated in
English and in Pilipino, and translated into each dialect
spoken by over fifty thousand people, and into Spanish
and Arabic. In case of conflict, the English text shall
prevail.
2. The National Assembly shall take steps towards the
development and formal adoption of a common national
language to be known as Filipino.
3. Until otherwise provided by law, English and Pilipino
shall be the official languages.
Section 4. All public officers and employees and
members of the armed forces shall take an oath to
support and defend the Constitution.
Section 5. No elective or appointive public officer or
employee shall receive additional or double
compensation unless specifically authorized by law, nor
accept, without the consent of the National Assembly,
any present, emolument, office or title of any kind from
any foreign state.
Section 6.No salary or any form of emolument of any
public officer or employee, including constitutional
officers, shall be exempt from payment of income tax.
Section 7.
1. The ownership and management of mass media shall
be limited to citizens of the Philippines or corporations
or associations wholly owned and managed by such
citizens.
2. The governing body of every entity engaged in
commercial telecommunications shall i all cases be
controlled by citizens of the Philippines.
Section 8.
1. All educational institutions shall be under the
supervision of and subject to regulation by the State. The
State shall establish and maintain a complete, adequate,
and integrated system of education relevant to goals of
national development.
2. All institutions of higher learning shall enjoy academic
freedom.
3. The study of the Constitution shall be part of the
curricula in all schools.
4. All educational institutions shall aim to inculcate love of
country, teach the duties of citizenship, and develop
moral character, personal discipline, and scientific,
technological, and vocational efficiency.
5. The State shall maintain a system of free public
elementary education and, in areas where finances
permit, establish and maintain a system of free public
education at least up to the secondary level.
6. The State shall provide citizenship and vocational
training to adult citizens and out-of-school youth, and
create and maintain scholarships for poor and deserving
students.
7. Educational institutions, other than those established
by religious orders, mission boards, and charitable
organizations, shall be owned solely by citizens of the
Philippines, or corporations or associations sixty per
centum of the capital of which is owned by such citizens.
The control and administration of educational institutions
shall be vested in citizens of the Philippines. No education
institution shall be established exclusively for aliens, and
no group of aliens shall comprise more than one-third of
the enrollment of any school. The provisions of this
subsection shall not apply to schools established for
foreign diplomatic personnel and their dependents and,
unless otherwise provided by law, for other foreign
temporary resident.
8. At the option expressed in writing by the parents or
guardians, and without cost to them and the
government, religion shall be taught to their children or
wards in public elementary and high schools as may be
provided by law.
Section 9.
1. The State shall promote scientific research and
invention. The advancement of science and technology
shall have priority in the national development.
2. Filipino culture shall be preserved and developed for
national identity. Arts and letters shall be under the
patronage of the State.
3. The exclusive right to inventions, writings, and artistic
creations shall be secured to investors, authors and artists
for a limited period. Scholarships, grants-in-aid, or other
forms of incentives shall be provided for specially gifted
children.
Section 10. It shall be the responsibility of the State to
achieve and maintain population levels most conducive
to the national welfare.
Section 11. The State shall consider the customs,
traditions, beliefs, and interests of national cultural
communities in the formulation and implementation of
State policies.
Section 12. The State shall establish and maintain an
integrated national police force whose organization,
administration, and operation, shall be provided by law.
Section 13.
1. The armed forces of the Philippines shall include a
citizen army composed of all able-bodied citizens of the
Philippines who shall undergo military training as may be
provided by law. It shall keep a regular force necessary
for the security of the State.
2. The citizen army shall have a corps of trained officers
and men in active duty status as may be necessary to
train, service, and keep it in reasonable preparedness at
all times.
Section 14. The National Assembly shall establish a
central monetary authority which shall provide policy
direction in the areas of money, banking, and credit to
achieve national economic objectives. It shall have
supervisory authority over the operation of banks and
exercise such regulatory authority as may be provided by
law over the operations of finance companies and other
institutions performing similar functions. Until the
National Assembly shall otherwise provide, the Central
Bank of the Philippines, operating under existing laws,
shall function as the central monetary authority.
Section 15. The separation of the church and the State
shall be inviolable.
Section 16. The State may not be sued without its
consent.
ARTICLE XVI AMENDMENTS
Section 1.
1. Any amendment to, or revision of, this Constitution may
be proposed by the National Assembly upon a vote of
three-fourths of all its Members, or by a constitutional
convention.
2. The National Assembly may, by a vote of two-thirds of
all its Members, call a constitutional convention, or by a
majority vote of all its Members, submit the question of
calling such a convention to the electorate in an election.
Section 2. Any amendment to or revision of this
Constitution shall be valid when ratified by a majority of
the votes cast in the plebiscite which shall be held not
later than three months after the approval of such
amendment or revision.
ARTICLE XVII TRANSITORY PROVISIONS
Section 1. There shall be an Interim National Assembly
which shall exist immediately upon the ratification of
this Constitution and shall continue until the Members of
the regular National Assembly shall have been elected
and shall have assumed office following an election
called for the purpose by the Interim National Assembly.
Except as otherwise provided in this Constitution, the
Interim National Assembly shall have the same powers
and its Members shall have the same functions,
responsibilities, rights, privileges, and disqualifications as
the regular National Assembly and the Members
thereof.
Section 2. The Members of the Interim National
Assembly shall be the incumbent President and Vice-
President of the Philippines, those who served as
President of the nineteen hundred and seventy-one
Constitutional Convention, those Members of the Senate
and the House of Representatives who shall express in
writing to the Commission on Elections within thirty days
after the ratification of this Constitution their option to
serve therein, and those Delegates to the nineteen
hundred and seventy-one Constitutional Convention
who have opted to serve therein by voting affirmatively
for this Article. They may take their oath of office before
any officer authorized to administer oaths and who
qualify thereto, after the ratification of this Constitution.
Section 3.
1. The incumbent President of the Philippines shall
initially convene the Interim National Assembly and shall
preside over its sessions until the interim Speaker shall
have been elected. He shall continue to exercise his
powers and prerogatives under the nineteen hundred
and thirty-five Constitution and the powers vested in the
President and the Prime Minister under this Constitution
until he calls upon the Interim National Assembly to
elect the interim President and interim Prime Minister
who shall then exercise their respective powers vested
by this Constitution.
2. All proclamations, orders, decrees, instructions, and
acts promulgated, issued, or done by the incumbent
President shall be part of the law of the land, and shall
remain valid, legal, binding, and effective even after the
lifting of the Martial Law or the ratification of this
Constitution unless modified, revoked, or superseded by
subsequent proclamations, orders, decrees, instructions,
or unless expressly or implicitly modified or repealed by
the regular National Assembly.
Section 4. The interim Prime Minister and his Cabinet
shall exercise all the powers and functions, and
discharge the responsibilities of the regular Prime
Minister and his Cabinet, and shall be subject to the
same disqualifications provided in this Constitution.
Section 5. The Interim National Assembly shall give
priority to measures for the orderly transition from the
Presidential to the Parliamentary system, the
reorganization of the government, the eradication of
graft and corruption, programs for the effective
maintenance of peace and order, the implementation of
declared agrarian reforms, the standardization of
compensation of government employees, and such
other measures as shall bridge the gap between the rich
and the poor.
Section 6. The Interim National Assembly shall
reapportion the Assembly seats in accordance with
Article Eight, Section two, of this Constitution.
Section 7. All existing laws not inconsistent with this
Constitution shall remain operative until amended,
modified, or repealed by the National Assembly.
Section 8. All courts existing at the time of the
ratification of this Constitution shall continue and
exercise their jurisdiction, until otherwise provided by law
in accordance with this Constitution, and all cases
© Compiled by RGL
pending in said courts shall be held, tried, and
determined under the laws then in force. The provisions
of the existing Rules of Court not inconsistent with this
Constitution shall remain operative unless amended,
modified, or repealed by the Supreme Court or the
National Assembly.
Section 9. All officials and employees in the existing
government of the Republic of the Philippines shall
continue in office until otherwise provided by law or
decreed by the incumbent President of the Philippines,
but all officials whose appointments are by this
Constitution vested in the Prime Minister shall vacate
their respective offices upon the appointment and
qualification of their successors.
Section 10. The incumbent Members of the Judiciary may
continue in office until they reach the age of seventy
years, unless sooner replaced in accordance with the
preceding section hereof.
Section 11. The rights and privileges granted to citizens
of the United States or to corporations or associations
owned or controlled by such citizens under the
ordinance appended to the nineteen hundred and thirty-
five Constitution shall automatically terminate on the
third day of July, nineteen hundred and seventy-four.
Titles to private lands acquired by such persons before
such date shall be valid as against other private persons
only.
Section 12. All treaties, executive agreements, and
contracts entered into by the government or any
subdivision, agency, or instrumentality thereof, including
government-owned or controlled corporations are
hereby recognized as legal, valid and binding. When the
national interest so requires, the incumbent President of
the Republic or the interim Prime Minister may review
all contracts, concessions, permits, or other forms of
privileges for the exploration, exploitation,
development, or utilization of natural resources entered
into, granted, issued, or acquired before the ratification
of this Constitution.
Section 13. Any public officer or employee separated
from the service as a result of the reorganization
effected under this Constitution shall, if entitled under
the laws then in force, receive the retirement and other
benefits accruing thereunder.
Section 14. All records, equipment, buildings, facilities,
and other properties of any office or body abolished or
reorganized under this Constitution shall be transferred
to the office or body to which its powers, functions, and
responsibilities substantially pertain.
Section 15. The Interim National Assembly, upon special
call by the interim Prime Minister may, by a majority vote
of all its Members propose amendments to this
Constitution. Such amendment shall take effect when
ratified in accordance with Article Sixteen hereof.
Section 16. This Constitution shall take effect
immediately upon its ratification by a majority of the
votes cast in a plebiscite called for the purpose and,
except as herein provided, shall supersede the
Constitution of nineteen hundred and thirty-five and all
amendments thereto.
1935 CONSTITUTION
Preamble
The Filipino people, imploring the aid of Divine
Providence, in order to establish a government that shall
embody their ideals, conserve and develop the patrimony
of the nation, promote the general welfare, and secure to
themselves and their posterity the blessings of
independence under a regime of justice, liberty, and
democracy, do ordain and promulgate this Constitution.
40 of

ARTICLE I The National Territory
Section 1. The Philippines comprises all the territory
ceded to the United States by the Treaty of Paris
concluded between the United States and Spain on the
tenth day of December, eighteen hundred and ninety-
eight, the limits which are set forth in Article III of said
treaty, together with all the islands embraced in the treaty
concluded at Washington between the United States and
Spain on the seventh day of November, nineteen hundred,
and the treaty concluded between the United States and
Great Britain on the second day of January, nineteen
hundred and thirty, and all territory over which the
present Government of the Philippine Islands exercises
jurisdiction.
ARTICLE II Declaration of Principles
Section 1. The Philippines, is a republican state.
Sovereignty resides in the people and all government
authority emanates from them.
Section 2. The defense of the State is a prime duty of
government, and in the fulfillment of this duty all citizens
may be required by law to render personal military or civil
service.
Section 3. The Philippines renounces war as an
instrument of national policy, and adopts the generally
accepted principles of international law as part of the law
of the Nation.
Section 4. The natural right and duty of parents in the
rearing of the youth for civic efficiency should receive the
aid and support of the government.
Section 5. The promotion of social justice to insure the
well-being and economic security of all the people should
be the concern of the State.
ARTICLE III Bill of Rights
Section 1. (1) No person shall be deprived of life, liberty, or
property without due process of law, nor shall any person
be denied the equal protection of the laws.
(2) Private property shall not be taken for public use
without just compensation.
(3) The right of the people to be secure in their persons,
houses, papers, and effects against unreasonable
searches and seizures shall not be violated, and no
warrants shall issue but upon probable cause, to be
determined by the judge after examination under oath
or affirmation of the complainant and the witnesses he
may produce, and particularly describing the place to be
searched, and the persons or things to be seized.
(4) The liberty of abode and of changing the same within
the limits prescribed by law shall not be impaired.
(5) The privacy of communication and correspondence
shall be inviolable except upon lawful order of the court
or when public safety and order require otherwise.
(6) The right to form associations or societies for purposes
not contrary to law shall not be abridged.
(7) No law shall be made respecting an establishment of
religion, or prohibiting the free exercise thereof, and the
free exercise and enjoyment of religious profession and
worship, without discrimination or preference, shall
forever be allowed. No religious test shall be required for
the exercise of civil or political rights.
(8) No law shall be passed abridging the freedom of
speech, or of the press, or the right of the people
peaceably to assemble and petition the Government for
redress of grievances.
(9) No law granting a title of nobility shall be enacted, and
no person holding any office of profit shall, without the
consent of the Congress of the Philippines, accept any
present, emolument, office, or title of any kind whatever
from any foreign state.
(10) No law impairing the obligation of contracts shall be
passed.
(11) No ex post facto law or bill of attainder shall be
enacted.
(12) No person shall be imprisoned for debt or non-
payment of a poll tax.
(13) No involuntary servitude in any form shall exist except
as a punishment for crime whereof the party shall have
been duly convicted.
(14) The privilege of the writ of habeas corpus shall not be
suspended except in cases of invasion, insurrection, or
rebellion, when the public safety requires it, in any of
which events the same may be suspended wherever
during such period the necessity for such suspension
shall exist.
(15) No person shall be held to answer for a criminal
offense without due process of law.
(16) All persons shall before conviction be bailable by
sufficient sureties, except those charged with capital
offenses when evidence of guilt is strong. Excessive bail
shall not be required.
(17) In all criminal prosecutions the accused shall be
presumed to be innocent until the contrary is proved,
and shall enjoy the right to be heard by himself and
counsel, to be informed of the nature and cause of the
accusation against him, to have a speedy and public trial,
to meet the witnesses face to face, and to have
compulsory process to secure the attendance of
witnesses in his behalf.
(18) No person shall be compelled to be a witness against
himself.
(19) Excessive fines shall not be imposed, nor cruel and
unusual punishment inflicted.
(20) No person shall be twice put in jeopardy of
punishment for the same offense. If an act is punished
by a law and an ordinance, conviction or acquittal under
either shall constitute a bar to another prosecution for
the same act.
(21) Free access to the courts shall not be denied to any
person by reason of poverty.
ARTICLE IV Citizenship
Section 1. The following are citizens of the Philippines:
(1) Those who are citizens of the Philippine Islands at the
time of the adoption of this Constitution.
(2) Those born in the Philippine Islands of foreign parents
who, before the adoption of this Constitution, had been
elected to public office in the Philippine Islands.
(3) Those whose fathers are citizens of the Philippines.
(4) Those whose mothers are citizens of the Philippines
and, upon reaching the age of majority, elect Philippine
citizenship.
(5) Those who are naturalized in accordance with law.
Section 2. Philippine citizenship may be lost or reacquired
in the manner provided by law.
ARTICLE V Su"rage
Section 1. Suffrage may be exercised by male citizens of
the Philippines not otherwise disqualified by law, who are
twenty-one years of age or over and are able to read and
write, and who shall have resided in the Philippines for
one year and in the municipality wherein they propose to
vote for at least six months preceding the election. The
National Assembly shall extend the right of suffrage to
women, if in a plebiscite which shall be held for that
purpose within two years after the adoption of this
Constitution, not less than three hundred thousand
women possessing the necessary qualifications shall vote
affirmatively on the question.
ARTICLE VI Legislative Department
Section 1. The Legislative power shall be vested in a
Congress of the Philippines, which shall consist of a
Senate and a House of Representatives.
Section 2. The Senate shall be composed of twenty-four
Senators who shall be chosen at large by the qualified
electors of the Philippines, as may be provided by law.
Section 3. The term of office of Senators shall be six
years and shall begin on the thirtieth day of December
next following their election. The first Senators elected
under this Constitution shall, in the manner provided by
law, be divided equally into three groups, the Senators
of the first group, to serve for a term of six years; those
of the second group, for four years; and those of the
third group, for two years.
Section 4. No person shall be a Senator unless he be a
natural born citizen of the Philippines and, at the time of
his election, is at least thirty-five years of age, a qualified
elector, and a resident of the Philippines for not less
than two years immediately prior to his election.
Section 5. The House of Representatives shall be
composed of not more than one hundred and twenty
Members who shall be apportioned among the several
provinces as nearly as may be accorded to the number
of their respective inhabitants, but each province shall
have at least one Member. The Congress shall by law
make an apportionment within three years after the
return of every enumeration, and not otherwise. Until
such apportionment shall have been made, the House of
Representatives shall have the same number of
Members as that fixed by law for the National Assembly,
who shall be elected by the qualified electors from the
present Assembly districts. Each representative district
shall comprise, as far as practicable, contiguous and
compact territory.
Section 6. The term of office of the Members of the
House of Representatives shall be four years and shall
begin on the thirtieth day of December next following
their election.
Section 7. No person shall be a Member of the House of
Representatives unless he be a natural born citizen of
the Philippines, and, at the time of his election, is at least
twenty-five years of age, a qualified elector, and a
resident of the province in which he is chosen for not
less than one year immediately prior to his election.
Section 8. (1) Elections for Senators and Members of the
House of Representatives shall be held in the manner and
on the dates fixed by law.
(2) In case of vacancy in the Senate or in the House of
Representatives, a special election may be called to fill
such vacancy in the manner prescribed by law, but the
Senator or Member of the House of Representatives thus
elected shall serve only for the unexpired term.
Section 9. The Congress shall convene in regular session
once every year on the fourth Monday of January, unless
a different date is fixed by law. It may be called in special
session at any time by the President to consider general
legislation or only such subjects as he may designate. No
special session shall continue longer than thirty days and
no regular session longer than one hundred days,
exclusive of Sundays.
Section 10. (1) The Senate shall elect its President and the
House of Representatives its Speaker.
Each House shall choose such other officers as may be
required.
(2) A majority of each House shall constitute a quorum to
do business, but a smaller number may adjourn from
day to day and may compel the attendance of absent
Members in such manner and under such penalties as
such House may provide.
(3) Each House may determine the rule of its proceedings,
punish its Members for disorderly behavior, and, with the
concurrence of two-thirds of all its Members, expel a
Member.
(4) Each House shall keep a Journal of its proceedings,
and from time to time publish the same, excepting such
parts as may in its judgment requires secrecy; and the
yeas and nays on any question shall, at the request of
one-fifth of the Members present, be entered into the
Journal.
(5) Neither House during the sessions of the Congress
shall, without the consent of the other, adjourn for more
than three days, nor to any other place than that in which
the two Houses shall be sitting.
Section 11. The Senate and the House of Representatives
shall have an Electoral Tribunal which shall be the sole
judge of all contests relating to the election, returns, and
qualifications of their respective Members. Each Electoral
Tribunal shall be composed of nine Members, three of
whom shall be Justices of the Supreme Court to be
designated by the Chief Justice, and the remaining six
shall be Members of the Senate or the House of
Representatives, as the case may be, who shall be chosen
by each House, three upon nomination of the party
having the largest number of votes and three of the party
having the second largest numbers of votes therein. The
senior Justice in each Electoral Tribunal shall be its
Chairman.
Section 12. There shall be a Commission on Appointments
consisting of twelve Senators and twelve Members of the
House of Representatives, elected by each House,
respectively, on the basis of proportional representation
of the political parties therein. The president of the
Senate shall be the Chairman ex officio of the
Commission, but shall not vote except in case of tie.
Section 13. The Electoral Tribunal and the Commission on
Appointments shall be constituted within thirty days after
the Senate and the House of Representatives shall have
been organized with the election of their President and
Speaker, respectively. The Commission on Appointments
shall meet only while the Congress is in session, at the call
of its Chairman or a majority of its Members, to discharge
such powers and functions as are herein conferred upon
it.
Section 14. The Senators and the Members of the House
of Representatives shall, unless otherwise provided by
law, receive an annual compensation of seven thousand
two hundred pesos each, including per diems and other
emoluments or allowances and exclusive only of traveling
expenses to and from their respective districts in the case
of Members of the House of Representatives, and to an
from their places of residence in the case of Senators,
when attending sessions of the Congress. No increase in
said compensation shall take effect until after the
expiration of the full term of all the Members of the
Senate and of the House of Representatives approving
such increase. Until otherwise provided by law, the
President of the Senate and the Speaker of the House of
Representatives shall each receive an annual compensation
of sixteen thousand pesos.
Section 15. The Senators and Members of the House of
Representatives shall in all cases except treason, felony,
and breach of the peace, be privileged from arrest during
their attendance at the session of the Congress, and in
going to and returning from the same; and for any
speech or debate therein, they shall not be questioned in
any other place.
Section 16. No Senator or Member of the House of
Representatives may hold any other office or
employment in the government without forfeiting his
seat, nor shall any Senator or Member of the House of
Representatives, during the time for which he was
elected, be appointed to any civil office which may have
been created or the emoluments whereof shall have
been increased while he was a Member of the Congress.
Section 17. No Senator or Member of the House of
Representatives shall directly or indirectly be financially
interested in any contract with the government or any
subdivision or instrumentality thereof, or in any franchise
or special privilege granted by the Congress during his
term of office. He shall not appear as counsel before the
Electoral Tribunals or before any court in any civil case
wherein the Government or any subdivision or
instrumentality thereof is the adverse party, or in any
criminal case wherein an officer or employee of the
government is accused of an offense committed in relation
to his office, or collect any fee for his appearance in any
administrative proceedings; or accept employment to
intervene in any cause or matter where he may be called
upon to act on account of his office. No Member of the
Commission on Appointments shall appear as counsel
before any court inferior to a collegiate court of appellate
jurisdiction.
Section 18. All appropriation, revenue or tariff bills, bills
authorizing increase of the public debt, bills of local
application, and private bills, shall originate exclusively in
the House of Representatives, but the Senate may
propose or concur with amendments.
Section 19. (1) The President shall submit within fifteen
days of the opening of each regular session of the
Congress a budget of receipts and expenditures, which
shall be the basis of the general appropriations bill. The
Congress may not increase the appropriations
recommended by the President for the operation of the
Government as specified in the Budget, except the
appropriations for the Congress and the Judicial
Department. The form of the Budget and the information
that it should contain shall be prescribed by law.
(2) No provision or enactment shall be embraced in the
general appropriations bill unless it relates specifically to
some particular appropriation therein; and any such
provision or enactment shall be limited in its operation to
such appropriation.
Section 20. (1) Every bill passed by the Congress shall,
before it becomes a law, be presented to the President. If
he approves the same, he shall sign it; but if not, he shall
return it with his objections to the House where it
originated, which shall enter the objections at large on its
Journal and proceed to reconsider it. If, after such
reconsideration, two-thirds of all the Members of such
House shall agree to pass the bill, it shall be sent together,
with the objections, to the House by which it shall
likewise be reconsidered, and if approved by two-thirds of
all the Members of that House, it shall become a law. In all
such cases, the votes of each House shall be determined
by yeas and nays, and the names of the Members voting
for and against shall be entered on its Journal. If any bill
shall not be returned by the President as herein provided
within twenty days (Sundays excepted) after it shall have
been presented to him, the same shall become a law in
like manner as if he had signed it, unless the Congress by
adjournment prevent its return, in which case it shall
become a law unless vetoed by the President within
thirty days after adjournment.
(2) The President shall have the power to veto any
particular item or items of an appropriation bill, but the
veto shall not affect the item or items to which he does
not object. When a provision of an appropriation bill
affects one or more items of the same, the President
cannot veto the provision without at the same time,
vetoing the particular item or items to which it relates. The
item or items objected to shall not take effect except in the
manner heretofore provided as to bills returned to the
Congress without the approval of the President. If the veto
refers to a bill or any item of an appropriation bill which
appropriates a sum in excess of ten per centum of the total
amount voted in the appropriation bill for the general
expenses of the Government for the preceding year, or if it
should refer to a bill authorizing an increase of the public
debt, the same shall not become a law unless
approved by three-fourths of all the Members of each
House.
(3) The President shall have the power to veto any
separate item or items in a revenue of tariff bill, and the
item or items shall not take effect except in the manner
provided as to bills vetoed by the President.
Section 21. (1) No bill which may be enacted into law shall
embrace more than one subject which shall be expressed
in the title of the bill.
(2) No bill shall be passed by either House unless it shall
have been printed and copies thereof in its final form
furnished its Members at least three calendar days prior
to its passage, except when the President shall have
certified to the necessity of its immediate enactment.
Upon the last reading of a bill no amendment thereof
shall be allowed, and the question upon its passage shall
be taken immediately thereafter, and the yeas and nays
entered on the Journal.
Section 22. (1) The rule of taxation shall be uniform.
(2) The Congress may by law authorize the President,
subject to such limitations and restrictions as it may
impose, to fix, within specified limits, tariff rates, import or
export quotas, and tonnage and wharfage dues.
(3) Cemeteries, churches, and parsonages or convents
appurtenant thereto, and all lands, buildings, and
improvements used exclusively for religious, charitable,
or educational purposes shall be exempt from taxation.
Section 23. (1) All money collected on any tax levied for a
special purpose shall be treated as a special fund and
paid out for such purpose only. If the purpose for which a
special fund was crated has been fulfilled or abandoned,
the balance, if any, shall be transferred to the general
funds of the Government.
(2) No money shall be paid out of Treasury except in
pursuance of an appropriation made by law.
(3) No public money, or property shall ever be
appropriated, applied, or used, directly or indirectly, for
the use, benefit, or support of any sect, church,
denomination, sectarian institution or system of religion,
for the use, benefit, or support of any priest, preacher,
ministers, or other religious teacher or dignitary as such
except when such priest, preacher, minister, or dignitary
is assigned to the armed forces or to any penal institution,
orphanage or leprosarium.
Section 24. The heads of departments upon their own
initiative or upon the request of either House may appear
before and be heard by such House on any matter
pertaining to their departments, unless the public
interest shall require otherwise and the President shall so
state in writing.
Section 25. The Congress, shall, with the concurrence of
two-thirds of all the Members of each House, have the
sole power to declare war.
Section 26. In times of war and other national emergency
the Congress may by law authorize the President, for a
limited period, and subject to such restrictions as it may
prescribe, to promulgate rules and regulations to carry
out a declared national policy.
ARTICLE VII Executive Department
Section 1. The executive power shall be vested in a
President of the Philippines.
Section 2. The President shall hold his office during a
term of four years and together with the Vice-President
chosen for the same term, shall be elected by direct vote
of the people. The returns of every election for President
and Vice-President, duly certified by the board of
canvassers of each province or city, shall be transmitted to
the seat of the National Government, directed to the
President of the Senate, who shall, in the presence of the
Senate and the House of Representatives, open all the
certificates, and the votes shall then be counted. The
person respectively having the highest number of votes to
for President and Vice-President shall be declared
elected, but in case two or more shall have an equal and
the highest number of votes for their office, one of them
shall be chosen President or Vice-President, as the case
may be, by a majority vote of the Members of the
Congress in joint session assembled.
Section 3. No person may be elected to the office of the
President or Vice-President unless he is a natural born
citizen of the Philippines, a qualified voter, forty years of
age or over, and has been a resident of the Philippines
for at least ten years immediately preceding the
election.
Section 4. Elections for President and Vice-President
shall be held once every four years on a date to be fixed
by law.
The terms of the President and Vice-President shall end
at noon on the thirtieth day of December following the
expiration of four years after their election, and the
terms of their successors shall begin from such time.
Section 5. No person shall serve as President for more
than eight consecutive years. The period of such service
shall be counted from the date he shall have commenced
to act as President. Voluntary renunciation of the office
for any length of time shall not be considered as an
interruption in the continuity of the service of the
incumbent for the full term for which he was elected.
Section 6. If, at the time fixed for the beginning of the
term of the President, the President-elect shall have
died, the Vice-President-elect shall become President. If
a President shall not have been chosen before the time
fixed for the beginning of his term or if the President
shall have failed to qualify, then the Vice-President shall
act as President until a President shall have qualified,
and the Congress may by law provide for the case
wherein neither a President-elect nor a Vice-President-
elect shall have qualified, declaring who shall then act as
President, or the manner in which one who is to act shall
be selected, and such person shall act accordingly until a
President or Vice-President shall have qualified.
Section 7. Before he enters on the execution of his office,
the President shall take the following oath or affirmation:
“I do solemnly swear (or affirm) that I will faithfully and
conscientiously fulfill my duties as President of the
Philippines, preserve and defend its Constitution,
execute its laws, do justice to every man, and consecrate
myself to the service of the Nation. So help me God.” (In
case of affirmation, last sentence will be omitted)
Section 8. In the event of the removal of the President
from office, or his death, resignation, or inability to
discharge the powers and duties of the said office, the
same shall devolve on the Vice-President, and the
Congress shall by law provide for the case of removal,
death, resignation, or inability, both of the President and
Vice-President, declaring what officer shall then act as
President, and such officer shall act accordingly, until the
disability be removed, or a President shall be elected.
Section 9. The President shall have an official residence
and receive a compensation to be ascertained by law
which shall be neither increased nor diminished during
the period of which he shall have been elected, and he
shall not receive within the period any other emolument
from the Government or any of its subdivisions or
instrumentalities. Until the Congress shall provide
otherwise, the President shall receive an annual salary of
thirty thousand pesos. The Vice-President, when not
acting as President, shall receive an annual compensation
of fifteen thousand pesos until otherwise provided by law.
Section 10. (1) The President shall have control of all
executive departments, bureaus or offices, exercise
general provision over all local governments as may be
provided by law, and take care that the laws be faithfully
executed.
(2) The President shall be commander-in-chief of all
armed forces of the Philippines, and, whenever it
becomes necessary, he may call out such armed forces
prevent or suppress lawless violence, invasion,
insurrection, or rebellion. In case of invasion,
insurrection, or rebellion or imminent danger thereof,
when the public safety requires it, he may suspend the
privilege of the writ of habeas corpus, or place the
Philippines or any part thereof under Martial Law.
(3) The President shall nominate and with the consent of
the Commission on Appointments, shall appoint the
heads of the executive departments and bureaus, officers
of the Army from the rank of colonel, of the Navy and Air
Forces from the rank of captain or commander, and all
other officers of the Government whose appointments
are not herein otherwise provided for, and those whom
he may be authorized by law to appoint; but the Congress
may by law vest the appointment of inferior officers, in
the President alone, in the courts, or in the heads of
departments.
(4) The President shall have the power to make
appointments during the recess of the Congress, but
such appointments shall be effective only until
disapproval by the Commission on Appointments or
until the next adjournment of the Congress.
(5) The President shall from time to time give to the
Congress information on the state of the Nation, and
recommend to its consideration such measures as he
shall judge necessary and expedient.
(6) The President shall have the power to grant reprieves,
commutations, and pardons, and remit fines and
forfeitures, after conviction, for all expenses except in
case of impeachment, upon such conditions and with
such restrictions and limitations as he may deem proper
to impose. He shall have the power to grant amnesty
with the concurrence of the Congress.
(7) The President shall have the power, with the
concurrence of two-thirds of all the Members of the
Senate to make treaties, and with the consent of the
Commission on Appointments, he shall appoint
ambassadors, other public ministers, and consuls. He
shall receive ambassadors and other public ministers duly
accredited to the Government of the Philippines.
Section 11. (1) The executive departments of the present
Government of the Philippine Islands shall continue as
now authorized by law until the Congress shall provide
otherwise.
(2) The heads of the departments and chiefs of bureaus
or offices and their assistants shall not, during their
continuance in office, engage in the practice of any
profession, or intervene, directly or indirectly, in the
management or control of any private enterprise which
in any way may be affected by the functions of their
office; nor shall they, directly or indirectly, be
financially interested in any contract with the
Government, or any subdivision or instrumentality
thereof.
(3) The President may appoint the Vice-President as a
member of his Cabinet and also as head of an executive
department.

ARTICLE VIII Judicial Department

Section 1. The judicial power shall be vested in one
Supreme Court and in such inferior courts as may be
established by law.
Section 2. The Congress shall have the power to define,
prescribe and apportion the jurisdiction of various courts,
but may not deprive the Supreme Court of its original
jurisdiction over cases affecting ambassadors, other
public ministers, and consuls, nor of its jurisdiction to
review, revise, reverse, modify, or affirm on appeal,
certiorari, or writ of error, as the law or the rules of court
may provide, final judgments and decrees of inferior
courts in:
(1) All cases in which the constitutionality or validity of
any treaty, law, ordinance, or executive order or
regulation is in question.
(2) All cases involving the legality of any tax, impost,
assessment, or toll, or any penalty imposed in relation
thereto.
(3) All cases in which the jurisdiction of any trial court is in
issue.
(4) All criminal cases in which the penalty imposed is
death or life imprisonment.
(5) All cases in which an error or question of law is
involved.
Section 3. Until the Congress shall provide otherwise the
Supreme Court shall have such original and appellate
jurisdiction as may be possessed and exercised by the
Supreme Court of the Philippine Islands at the time of the
adoption of this Constitution. The original jurisdiction of
the Supreme Court shall include all cases affecting
ambassadors, other public ministers, and consuls.
Section 4. The Supreme Court shall be composed of a
Chief Justice and ten Associate Justices and may sit
either en banc or in two divisions unless otherwise
provided by law.
Section 5. The Members of the Supreme Court and all
judges of inferior courts shall be appointed by the
President with the consent of the Commission on
Appointments.
Section 6. No person may be appointed Member of the
Supreme Court unless he has been five years a citizen of
the Philippines, is at least forty years of age, and has for
ten years or more been a judge of a court of record or
engaged in the practice of law in the Philippines.
Section 7. No judge appointed for a particular district shall
be designated or transferred to another district without
the approval of the Supreme Court. The Congress shall by
law determine the residence of judges of inferior courts.
Section 8. The Congress shall prescribe the qualifications
of judges of inferior courts, but no person may be
appointed judge of any such courts unless he is a citizen
of the Philippines and has been admitted to the practice
of law in the Philippines.
Section 9. The Members of the Supreme Court and all
judges of inferior courts shall hold office during good
behavior, until they reach the age of seventy years, or
become incapacitated to discharge the duties of their
office. They shall receive such compensation as may be
fixed by law, which shall not be diminished during their
continuance in office. Until the Congress shall provide
otherwise, the Chief Justice of the Supreme Court shall
receive an annual compensation of sixteen thousand
pesos, and each Associate Justice, fifteen thousand
pesos.
Section 10. All cases involving the constitutionality of a
treaty or law shall be heard and decided by the Supreme
Court en banc, and no treaty or law may be declared
unconstitutional without the concurrence of two-thirds of
all the Members of the Court.
Section 11. The conclusions of the Supreme Court in any
case submitted to it for decision shall be reached in
consultation before the case is assigned to a Justice for a
writing of the opinion of the Court. Any Justice
dissenting from a decision shall state the reasons for his
dissent.
Section 12. No decision shall be rendered by any court of
record without expressing therein clearly and distinctly
the facts and the law on which it is based.
Section 13. The Supreme Court shall have the power to
promulgate rules concerning pleading, practice, and
procedure in all courts, and the admission to the
practice of law. Said rules shall be uniform for all courts
of the same grade and shall not diminish, increase, or
modify substantive rights. The existing laws on pleading,
practice, and procedure are hereby repealed as statutes,
and are declared Rules of Courts, subject to the power of
the Supreme Court to alter and modify the same. The
Congress shall have the power to repeal, alter or
supplement the rules concerning pleading, practice, and
procedure, and the admission to the practice of law in the
Philippines.
ARTICLE IX Impeachment
Section 1. The President, the Vice-President, the Justices
of the Supreme Court, and the Auditor General, shall be
removed from office on impeachment for any conviction
of, culpable violation of the Constitution, treason, bribery,
or other high crimes.
Section 2. The House of Representatives by a vote of two-
thirds of all its Members, shall have the sole power of
impeachment.
Section 3. The Senate shall have the sole power to try all
impeachment. When sitting for that purpose, the
Senators shall be on oath or affirmation. When the
President of the Philippines is on trial, the Chief Justice of
the Supreme Court shall preside. No person shall be
convicted without the concurrence of three-fourths of all
the Members of the Senate.
Section 4. Judgment in cases of impeachment shall not
extend further than to removal from office and
disqualification to hold and enjoy any office of honor,
trust, or profit under the Government of the Philippines,
but the party convicted shall nevertheless be liable and
subject to prosecution, trial, and punishment, according
to law.
ARTICLE X Commission on Elections
Section 1. There shall be an independent Commission on
Elections composed of a Chairman and two other
Members to be appointed by the President with the
consent of the Commission on Appointments, who shall
hold office for a term of nine years and may not be
reappointed. Of the Members of the Commission first
appointed, one shall hold office for nine years, another for
six years, and the third for three years. The Chairman and
the other Members of the Commission on Elections may
be removed from office only by impeachment in the
manner provided in this Constitution.
Until the Congress shall provide otherwise the Chairman
of the Commission shall receive an annual salary of
twelve thousand pesos, and the other Members, ten
thousand pesos each. Their salaries shall be neither
increased nor diminished during their term of office.
Section 2. The Commission on Elections shall have
exclusive charge of the enforcement and administration
of all laws relative to the conduct of elections and shall
exercise all other functions which may be conferred upon
it by law. It shall decide, save those involving the right to
vote, all administrative questions affecting elections,
including the determination of the number and location
of polling places, and the appointment of election
inspectors and of other election officials. All law
enforcement agencies and instrumentalities of the
Government, when so required by the Commission, shall
act as its deputies for the purpose of insuring free,
orderly, and honest election. The decisions, orders, and
rulings of the Commission shall be subject to review by
the Supreme Court.
No pardon, parole, or suspension of sentence for the
violation of any election law may be granted without the
favorable recommendation of the Commission.
Section 3. The Chairman and Members of the
Commission on Elections shall not, during their
continuance in office, engage in the practice of any
profession, or intervene, directly or indirectly, in the
management or control of any private enterprise which
in any way may be affected by the functions of their
office; nor shall they, directly or indirectly, be financially
interested in any contract with the Government or any
subdivision or instrumentality thereof.
Section 4. The Commission on Elections shall submit to
the President and the Congress, following each election,
a
report on the manner in which such election was
conducted.
ARTICLE XI General Auditing O ce
Section 1. There shall be a General Auditing Office under
the direction and control of an Auditor General, who shall
hold office for a term of ten years and may not be
reappointed. The Auditor General shall be appointed by
the President with the consent of the Commission on
Appointments, and shall receive an annual compensation
to be fixed by law which shall not be diminished during
his continuance in office. Until the Congress shall provide
otherwise, the Auditor General shall receive an annual
compensation of twelve thousand pesos.
Section 2. The Auditor General shall examine, audit, and
settle all accounts pertaining to the revenues and
receipts from whatever source, including trust funds
derived from bond issues; and audit, in accordance with
law and administrative regulations, all expenditures of
funds or property pertaining or held in trust by the
Government or the provinces or municipalities thereof.
He shall keep the general accounts of the Government
and preserve the vouchers pertaining thereto. It shall be
the duty of the Auditor General to bring the attention of
the proper administrative officer expenditures of funds or
property which, in his opinion, are irregular, unnecessary,
excessive, or extravagant. He shall also perform such
other functions as may be prescribed by law.
Section 3. The decisions of the Auditor General shall be
rendered within the time fixed by law, and the same may
be appealed to the President whose action shall be final.
When the aggrieved party is a private person or entity,
an appeal from the decision of the Auditor General may
be taken directly to a court of record in the manner
provided by law.
Section 4. The Auditor General shall submit to the
President and the Congress an annual report covering
the financial condition and operations of the
Government, and such other reports as may be required.
ARTICLE XII Civil Service
Section 1. A Civil Service embracing all branches and
subdivision of the Government shall be provided by law.
Appointments in the Civil Service, except as to those
which are policy-determining, primarily confidential or
highly technical in nature, shall be made only according
to merit and fitness, to be determined as far as
practicable by competitive examination.
Section 2. Officers and employees in the Civil Service,
including members of the armed forces, shall not engage
directly or indirectly in partisan political activities or take
part in any election except to vote.
Section 3. No officer or employee of the government
shall receive additional or double compensation unless
specifically authorized by law.
Section 4. No officer or employee in the Civil Service shall
be removed or suspended except for cause as provided
by law.
ARTICLE XIII Conservation and Utilization
of Natural Resources
Section 1. All agricultural timber, and mineral lands of the
public domain, waters, minerals, coal, petroleum, and
other mineral oils, all forces of potential energy and other
natural resources of the Philippines belong to the State,
and their disposition, exploitation, development, or
utilization shall be limited to citizens of the Philippines or
to corporations or associations at least sixty per centum of
the capital of which is owned by such citizens, subject to
any existing right, grant, lease, or concession at the time
of the inauguration of the Government established under
this Constitution. Natural resources, with the exception of
public agricultural land, shall not be alienated, and no
license, concession, or lease for the exploitation,
development, or utilization of any of the natural resources
shall be granted for a period exceeding twenty-five years,
renewable for another twenty-five years, except as to
water rights for irrigation, water supply, fisheries, or
industrial uses other than the development of water
power, in which cases beneficial use may be the measure
and limit of the grant.
Section 2. No private corporation or association may
acquire, lease, or hold public agricultural lands in excess
of one thousand and twenty four hectares, nor may any
individual acquire such lands by purchase in excess of
one hundred and forty four hectares, or by lease in excess
of one thousand and twenty four hectares, or by
homestead in excess of twenty-four hectares. Lands
adapted to grazing, not exceeding two thousand
hectares, may be leased to an individual, private
corporation, or association.
Section 3. The Congress may determine by law the size of
private agricultural land which individuals, corporations,
or associations may acquire and hold, subject to rights
existing prior to the enactment of such law.
Section 4. The Congress may authorize, upon payment of
just compensation, the expropriation of lands to be
subdivided into small lots and conveyed at cost to
individuals.
Section 5. Save in cases of hereditary succession, no private
agricultural land shall be transferred or assigned except to
individuals, corporations, or associations qualified to
acquire or hold lands of the public domain in the
Philippines.
Section 6. The State may, in the interest of national
welfare and defense, establish and operate industries
and means of transportation and communication, and
upon payment of just compensation, transfer to public
ownership utilities and other private enterprise to be
operated by the Government.
ARTICLE XIV General Provisions
Section 1. The flag of the Philippines shall be red, white,
and blue, with a sun and three stars, as consecrated and
honored by the people and recognized by law.
Section 2. All public officers and members of the armed
forces shall take an oath to support and defend the
Constitution.
Section 3. The Congress shall take steps toward the
development and adoption of a common national
language based on one of the existing native languages.
Until otherwise provided by law, English and Spanish
shall continue as official languages.
Section 4. The State shall promote scientific research
and invention. Arts and letters shall be under its
patronage. The exclusive right to writings and inventions
shall be secured to authors and inventors for a limited
period.
Section 5. All educational institutions shall be under the
supervision of and subject to regulation by the State. The
Government shall establish and maintain a complete and
adequate system of public education, and shall provide
at least free public primary instruction, and citizenship
training to adult citizens. All schools shall aim to develop
moral character, personal discipline, civic conscience,
and vocational efficiency, and to teach the duties of
citizenship. Optional religious instruction shall be
maintained in the public schools as now authorized by
law. Universities established by the State shall enjoy
academic freedom. The State shall create scholarships in
arts, science, and letters for specially gifted citizens.
Section 6. The State shall afford protection to labor,
especially to working women, and minors, and shall
regulate the relations between the landowner and
tenant, and between labor and capital in industry and in
agriculture. The State may provide for compulsory
arbitration.
Section 7. The Congress shall not, except by general law,
provide for the formation, organization, or regulation of
private corporations, unless such corporations are
owned and controlled by the Government or any
subdivision or instrumentality thereof.
Section 8. No franchise, certificate, or any other form of
authorization for the operation of a public utility shall be
granted except to citizens of the Philippines or to
corporations or other entities organized under the laws
of the Philippines sixty per centum of the capital of
which is owned by citizens of the Philippines, nor shall
such franchise, certificate, or authorization be exclusive
in character or for a longer period than fifty years. No
franchise or right shall be granted to any individual, firm,
or corporation, except under the condition that it shall
be subject to amendment, alteration, or repeal by the
Congress when the public interest so requires.
Section 9. The Government shall organize and maintain a
national police force to preserve public order and
enforce the law.
Section 10. This Constitution shall be officially
promulgated in English and Spanish, but in case of
conflict the English text shall prevail.
ARTICLE XV Amendments
Section 1. The Congress in joint session assembled, by a
vote of three-fourths of all the Members of the Senate
and of the House of Representatives voting separately,
may propose amendments to this Constitution or call a
convention for that purpose. Such amendments shall be
valid as part of this Constitution when approved by a
majority of the votes cast at an election at which the
amendments are submitted to the people for their
ratification.
ARTICLE XVI Transitory Provisions
Section 1. The first election of the officers provided in
this Constitution and the inauguration of the
Government of the Commonwealth of the Philippines
shall take place as provided in Public Act Numbered One
hundred and twenty-seven of the Congress of the United
States, approved March twenty-four, nineteen hundred
and thirty four.
Section 2. All laws of the Philippine Islands shall continue
in force until the inauguration of the Commonwealth of
the Philippines; thereafter, such laws shall remain
operative, unless inconsistent with this Constitution,
until amended, altered, modified, or repealed by the
Congress of the Philippines, and all references in such
laws to the Government or officials of the Philippine
Islands shall be construed, insofar as applicable, to refer
to the government and corresponding officials under this
Constitution.
Section 3. All courts existing at the time of the adoption of
this Constitution shall continue and exercise their
jurisdiction, until otherwise provided by law in
accordance with this Constitution, and all cases, civil and
criminal, pending in said courts, shall be heard, tried, and
determined under the laws then in force.
Section 4. All officers and employees in the existing
Government of the Philippine Islands shall continue in
office until the Congress shall provide otherwise, but all
officers whose appointments are by this Constitution
vested in the President shall, vacate their respective
offices upon the appointment and qualification of their
successors, if such appointment is made within a period
of one year from the date of the inauguration of the
Commonwealth of the Philippines.
Section 5. The Members of the House of Representatives
for the Mountain Province shall be elected as may be
provided by law. The voters of municipalities and
municipal districts formerly belonging to a special
province and now forming part of regular provinces shall
vote in the election for Members of the House of
Representatives in such districts as may be provided by
law.
Section 6. The provisions of this Constitution, except
those contained in this article and in Article V, and those
which refer to the election and qualifications of officers
to be elected under this Constitution, shall not take
effect until the inauguration of the Commonwealth of
the Philippines.
ARTICLE XVII Special Provisions
E"ective upon the Proclamation of the
Independence of the Philippines
Section. 1. Upon the proclamation of the President of
theUnited Statesrecognizing the independence of the
Philippines:
(1) The property rights of the United States and the
Philippines shall be promptly adjusted and settled, and
all existing property rights of citizens or corporations of
the United States shall be acknowledged, respected, and
safeguarded to the same extent as property rights of the
Philippines.
(2). The officials elected and serving under this
Constitution shall be constitutional officers of the free
and independent Government of the Philippines and
qualified to function in all respects as if elected directly
under such Government, and shall serve their full terms
of office as prescribed in this Constitution.
(3) The debts and liabilities of the Philippines, its
provinces, cities, municipalities, and instrumentalities,
which shall be valid and subsisting at the time of the final
and complete withdrawal of the sovereignty of the United
States, shall be assumed by the free and independent
Government of the Philippines; and where bonds have
been issued under authority of an Act of Congress of the
United States by the Philippine Islands, or any province,
city or municipality therein, the Government of the
Philippines will make adequate provision for the
necessary funds for the payment of interest and principal,
and such obligations shall be a first lien on all taxes
collected.
(4) The Government of the Philippines will assume all
continuing obligations of the United States under the
Treaty of Peace withSpainceding the Philippine Islands to
the United States.
(5) The Government of the Philippines will embody the
foregoing provisions of this article (except subsection (2))
in a treaty with the United States.
ARTICLE XVIII The Commonwealth and
the Republic
Section. 1. The government established by this
Constitution shall be known as the Commonwealth of the
Philippines. Upon the final and complete withdrawal of
the sovereignty of the United States and the
proclamation of Philippine independence, the
Commonwealth of the Philippines shall thenceforth be
known as the Republic of the Philippines.
ORDINANCE APPENDED TO THE 1935 CONSTITUTION
Notwithstanding the provisions of section one, Article
Thirteen, and section eight, Article Fourteen, of the
foregoing Constitution, during the effectivity of the
Executive Agreement entered into by the President of
the Philippines with the President of the United States
on the fourth of July, nineteen hundred and forty-six,
pursuant to the provisions of Commonwealth Act
Numbered Seven hundred and thirty-three, but in no
case to extend beyond the third of July, nineteen
hundred and seventy-four, the disposition, exploitation,
development, and utilization of all agricultural, timber,
and mineral
lands of the public domain, waters, minerals, coal,
petroleum, and other mineral oils, all forces of potential
energy, and other natural resources of the Philippines,
and the operation of public utilities, if open to any person,
be open to citizens of the United States and to all forms of
business enterprises owned or controlled, directly or
indirectly, by citizens of the United States in the same
manner as to, and under the same conditions imposed
upon, citizens of the Philippines or corporations or
associations owned or controlled by citizens of the
Philippines.
[The 1935 Constitution was ratified on May 14, 1935].
RA No 7160 | Local Government Code
of 1991
As amended
October 10, 1991
Setion 41(b) Amended by RA
8553 Setion 43 Amended by RA
8553
AN ACT PROVIDING FOR A
LOCAL GOVERNMENT CODE OF 1991
Be it enacted by the Senate and House of
Representatives of the Philippines in Congress
assembled:
Rules and Regulations Implementing the
Local Government Code of 1991
BOOK I GENERAL PROVISIONS
TITLE I BASIC PRINCIPLES
CHAPTER I The Code: Policy and Application
Section 1. Title. - This Act shall be known and cited as the
"Local Government Code of 1991".
Section 2. Declaration of Policy. -
(a) It is hereby declared the policy of the State that the
territorial and political subdivisions of the State shall enjoy
genuine and meaningful local autonomy to enable them
to attain their fullest development as self-reliant
communities and make them more effective partners in
the attainment of national goals. Toward this end, the
State shall provide for a more responsive and accountable
local government structure instituted through a system
of decentralization whereby local government units shall
be given more powers, authority, responsibilities, and
resources. The process of decentralization shall proceed
from the national government to the local government
units.
(b) It is also the policy of the State to ensure the
accountability of local government units through the
institution of effective mechanisms of recall, initiative
and referendum.
(c) It is likewise the policy of the State to require all
national agencies and offices to conduct periodic
consultations with appropriate local government units,
nongovernmental and people's organizations, and other
concerned sectors of the community before any project
or program is implemented in their respective
jurisdictions.1awphil.net
Section 3. Operative Principles of Decentralization. - The
formulation and implementation of policies and
measures on local autonomy shall be guided by the
following operative principles:
(a) There shall be an effective allocation among the
different local government units of their respective
powers, functions, responsibilities, and resources;
(b) There shall be established in every local government
unit an accountable, efficient, and dynamic
organizational structure and operating mechanism that
will meet the priority needs and service requirements of
its communities;
(c) Subject to civil service law, rules and regulations, local
officials and employees paid wholly or mainly from local
funds shall be appointed or removed, according to merit
and fitness, by the appropriate appointing authority;
(d) The vesting of duty, responsibility, and accountability
in local government units shall be accompanied with
provision for reasonably adequate resources to
discharge their powers and effectively carry out their
functions: hence, they shall have the power to create
and broaden their own sources of revenue and the right
to a just share in national taxes and an equitable share in
the proceeds of the utilization and development of the
national wealth within their respective areas;
(e) Provinces with respect to component cities and
municipalities, and cities and municipalities with respect
to component barangays, shall ensure that the acts of
their component units are within the scope of their
prescribed powers and functions;
(f) Local government units may group themselves,
consolidate or coordinate their efforts, services, and
resources commonly beneficial to them;
(g) The capabilities of local government units, especially
the municipalities and barangays, shall be enhanced by
providing them with opportunities to participate actively
in the implementation of national programs and
projects;
(h) There shall be a continuing mechanism to enhance
local autonomy not only by legislative enabling acts but
also by administrative and organizational reforms;
(i) Local government units shall share with the national
government the responsibility in the management and
maintenance of ecological balance within their territorial
jurisdiction, subject to the provisions of this Code and
national policies;
(j) Effective mechanisms for ensuring the accountability
of local government units to their respective
constituents shall be strengthened in order to upgrade
continually the quality of local leadership;
(k) The realization of local autonomy shall be facilitated
through improved coordination of national government
policies and programs an extension of adequate
technical and material assistance to less developed and
deserving local government units;
(l) The participation of the private sector in local
governance, particularly in the delivery of basic services,
shall be encouraged to ensure the viability of local
autonomy as an alternative strategy for sustainable
development; and
(m) The national government shall ensure that
decentralization contributes to the continuing
improvement of the performance of local government
units and the quality of community life.
Section 4. Scope of Application. - This Code shall apply to
all provinces, cities, municipalities, barangays, and other
political subdivisions as may be created by law, and, to
the extent herein provided, to officials, offices, or agencies
of the national government.
Section 5. Rules of Interpretation. - In the interpretation
of the provisions of this Code, the following rules shall
apply:
(a) Any provision on a power of a local government unit
shall be liberally interpreted in its favor, and in case of
doubt, any question thereon shall be resolved in favor of
devolution of powers and of the lower local government
unit. Any fair and reasonable doubt as to the existence of
the power shall be interpreted in favor of the local
government unit concerned;
(b) In case of doubt, any tax ordinance or revenue
measure shall be construed strictly against the local
government unit enacting it, and liberally in favor of the
taxpayer. Any tax exemption, incentive or relief granted
by any local government unit pursuant to the provisions
of this Code shall be construed strictly against the person
claiming it.
(c) The general welfare provisions in this Code shall be
liberally interpreted to give more powers to local
government units in accelerating economic development
and upgrading the quality of life for the people in the
community;
(d) Rights and obligations existing on the date of
effectivity of this Code and arising out of contracts or
any other source of presentation involving a local
government unit shall be governed by the original terms
and conditions of said contracts or the law in force at
the time such rights were vested; and
(e) In the resolution of controversies arising under this
Code where no legal provision or jurisprudence applies,
resort may be had to the customs and traditions in the
place where the controversies take place.
CHAPTER II General Powers and Attributes of
Local Government Units
Section 6. Authority to Create Local Government Units. -
A local government unit may be created, divided,
merged, abolished, or its boundaries substantially
altered either by law enacted by Congress in the case of
a province, city, municipality, or any other political
subdivision, or by ordinance passed by the sangguniang
panlalawigan or sangguniang panlungsod concerned in
the case of a barangay located within its territorial
jurisdiction, subject to such limitations and requirements
prescribed in this Code.
Section 7. Creation and Conversion. - As a general rule,
the creation of a local government unit or its conversion
from one level to another level shall be based on
verifiable indicators of viability and projected capacity to
provide services, to wit:
(a) Income. - It must be sufficient, based on acceptable
standards, to provide for all essential government
facilities and services and special functions
commensurate with the size of its population, as
expected of the local government unit concerned;
(b) Population. - It shall be determined as the total
number of inhabitants within the territorial jurisdiction of
the local government unit concerned; and
(c) Land Area. - It must be contiguous, unless it
comprises two or more islands or is separated by a local
government unit independent of the others; properly
identified by metes and bounds with technical
descriptions; and sufficient to provide for such basic
services and facilities to meet the requirements of its
populace.
Compliance with the foregoing indicators shall be
attested to by the Department of Finance (DOF), the
National Statistics Office (NSO), and the Lands
Management Bureau (LMB) of the Department of
Environment and Natural Resources (DENR).
Section 8. Division and Merger. - Division and merger of
existing local government units shall comply with the
same requirements herein prescribed for their creation:
Provided, however, That such division shall not reduce
the income, population, or land area of the local
government unit or units concerned to less than the
minimum requirements prescribed in this Code:
Provided, further, That the income classification of the
original local government unit or units shall not fall
below its current classification prior to such division.
The income classification of local government units shall
be updated within six (6) months from the effectivity of
this Code to reflect the changes in their financial position
resulting from the increased revenues as provided
herein. Section 9. Abolition of Local Government Units. -
A local government unit may be abolished when its
income, population, or land area has been irreversibly
reduced to less than the minimum standards prescribed
for its creation under Book III of this Code, as certified by
the national agencies mentioned in Section 7 hereof to
Congress or to the sangguniang concerned, as the case
may be.
The law or ordinance abolishing a local government unit
shall specify the province, city, municipality, or barangay
with which the local government unit sought to be
abolished will be incorporated or merged.
Section 10. Plebiscite Requirement. - No creation,
division, merger, abolition, or substantial alteration of
boundaries of local government units shall take effect
unless approved by a majority of the votes cast in a
plebiscite called for the purpose in the political unit or
units directly affected. Said plebiscite shall be conducted
by the Commission on Elections (COMELEC) within one
hundred twenty (120) days from the date of effectivity
of the law or ordinance effecting such action, unless said
law or ordinance fixes another date.
Section 11. Selection and Transfer of Local Government
Site, Offices and Facilities. -
(a) The law or ordinance creating or merging local
government units shall specify the seat of government
from where governmental and corporate services shall
be delivered. In selecting said site, factors relating to
geographical centrality, accessibility, availability of
transportation and communication facilities, drainage
and sanitation, development and economic progress,
and other relevant considerations shall be taken into
account.
(b) When conditions and developments in the local
government unit concerned have significantly changed
subsequent to the establishment of the seat of
government, its sanggunian may, after public hearing
and by a vote of two-thirds (2/3) of all its members,
transfer the same to a site better suited to its needs.
Provided, however, That no such transfer shall be made
outside the territorial boundaries of the local
government unit concerned.
The old site, together with the improvements thereon,
may be disposed of by the sale or lease or converted to
such other use as the sangguniang concerned may deem
beneficial to the local government unit concerned and its
inhabitants.
(c) Local government offices and facilities shall not be
transferred, relocated, or converted to other uses unless
public hearings are first conducted for the purpose and
the concurrence of the majority of all the members of
the sanggunian concerned is obtained.
Section 12. Government Centers. - Provinces, cities, and
municipalities shall endeavor to establish a government
center where offices, agencies, or branches of the
national government, local government units, or
government-owned or controlled corporations may, as
far as practicable, be located. In designating such a
center, the local government unit concerned shall take
into account the existing facilities of national and local
agencies and offices which may serve as the government
center as contemplated under this Section. The national
government, local government unit or
government-owned or controlled corporation concerned
shall bear the expenses for the construction of its
buildings and facilities in the government center.
Section 13. Naming of Local Government Units and
Public Places, Streets and Structures. -
(a) The sangguniang panlalawigan may, in consultation
with the Philippine Historical Commission (PHC), change
the name of the following within its territorial
jurisdiction:
(1) Component cities and municipalities, upon the
recommendation of the sanggunian concerned;
(2) Provincial roads, avenues, boulevards, thoroughfares,
and bridges;
(3) Public vocational or technical schools and other
post-secondary and tertiary schools;
(4) Provincial hospitals, health centers, and other health
facilities; and
(5) Any other public place or building owned by the
provincial government.
(b) The sanggunian of highly urbanized cities and of
component cities whose charters prohibit their voters
from voting for provincial elective officials, hereinafter
referred to in this Code as independent component cities,
may, in consultation with the Philippine Historical
Commission, change the name of the following within its
territorial jurisdiction:
(1) City barangays, upon the recommendation of the
sangguniang barangay concerned;
(2) City roads, avenues, boulevards, thoroughfares, and
bridges;
(3) Public elementary, secondary and vocational or
technical schools, community colleges and non-
chartered colleges;
(4) City hospitals, health centers and other health
facilities; and
(5) Any other public place or building owned by the city
government.
(c) The sanggunians of component cities and
municipalities may, in consultation with the Philippine
Historical Commission, change the name of the following
within its territorial jurisdiction:
(1) City and municipal barangays, upon recommendation
of the sangguniang barangay concerned;
(2) City, municipal and barangay roads, avenues,
boulevards, thoroughfares, and bridges;
(3) City and municipal public elementary, secondary and
vocational or technical schools, post- secondary and
other tertiary schools;
(4) City and municipal hospitals, health centers and
other health facilities; and
(5) Any other public place or building owned by the
municipal government.
(d) None of the foregoing local government units,
institutions, places, or buildings shall be named after a
living person, nor may a change of name be made unless
for a justifiable reason and, in any case, not oftener than
once every ten (10) years. The name of a local
government unit or a public place, street or structure
with historical, cultural, or ethnic significance shall not
be changed, unless by a unanimous vote of the
sanggunian concerned and in consultation with the PHC.
(e) A change of name of a public school shall be made
only upon the recommendation of the local school board
concerned.
(f) A change of name of public hospitals, health centers,
and other health facilities shall be made only upon the
recommendation of the local health board concerned.
(g) The change of name of any local government unit
shall be effective only upon ratification in a plebiscite
conducted for the purpose in the political unit directly
affected.
(h) In any change of name, the Office of the President, the
representative of the legislative district concerned, and
the Bureau of Posts shall be notified.
Section 14. Beginning of Corporate Existence. - When a
new local government unit is created, its corporate
existence shall commence upon the election and
qualification of its chief executive and a majority of the
members of its sanggunian, unless some other time is
fixed therefor by the law or ordinance creating it.
Section 15. Political and Corporate Nature of Local
Government Units. - Every local government unit created
or recognized under this Code is a body politic and
corporate endowed with powers to be exercised by it in
conformity with law. As such, it shall exercise powers as
a political subdivision of the national government and as
a corporate entity representing the inhabitants of its
territory.
Section 16. General Welfare. - Every local government
unit shall exercise the powers expressly granted, those
necessarily implied therefrom, as well as powers
necessary, appropriate, or incidental for its efficient and
effective governance, and those which are essential to
the promotion of the general welfare. Within their
respective territorial jurisdictions, local government
units shall ensure and support, among other things, the
preservation and enrichment of culture, promote health
and safety, enhance the right of the people to a
balanced ecology, encourage and support the
development of appropriate and self-reliant scientific
and technological capabilities, improve public morals,
enhance economic prosperity and social justice,
promote full employment among their residents,
maintain peace and order, and preserve the comfort and
convenience of their inhabitants.
© Compiled by RGL
Section 17. Basic Services and Facilities. -
(a) Local government units shall endeavor to be self-
reliant and shall continue exercising the powers and
discharging the duties and functions currently vested
upon them. They shall also discharge the functions and
responsibilities of national agencies and offices devolved
to them pursuant to this Code. Local government units
shall likewise exercise such other powers and discharge
such other functions and responsibilities as are necessary,
appropriate, or incidental to efficient and effective
provisions of the basic services and facilities enumerated
herein.
(b) Such basic services and facilities include, but are not
limited to, the following:
(1) For Barangay:
(i) Agricultural support services which include planting
materials distribution system and operation of farm
produce collection and buying stations;
(ii) Health and social welfare services which include
maintenance of barangay health center and day-care
center;
(iii) Services and facilities related to general hygiene and
sanitation, beautification, and solid waste collection;
(iv) Maintenance of katarungang pambarangay;
(v) Maintenance of barangay roads and bridges and
water supply systems;
(vi) Infrastructure facilities such as multi-purpose hall,
multipurpose pavement, plaza, sports center, and other
similar facilities;
(vii) Information and reading center; and
(viii) Satellite or public market, where viable;
(2) For a Municipality:
(i) Extension and on-site research services and facilities
related to agriculture and fishery activities which include
dispersal of livestock and poultry, fingerlings, and other
seedling materials for aquaculture; palay, corn, and
vegetable seed farms; medicinal plant gardens; fruit
tree, coconut, and other kinds of seedling nurseries;
demonstration farms; quality control of copra and
improvement and development of local distribution
channels, preferably through cooperatives;
interbarangay irrigation system; water and soil resource
utilization and conservation projects; and enforcement
of fishery laws in municipal waters including the
conservation of mangroves;
(ii) Pursuant to national policies and subject to
supervision, control and review of the DENR,
implementation of community-based forestry projects
which include integrated social forestry programs and
similar projects; management and control of communal
forests with an area not exceeding fifty (50) square
kilometers; establishment of tree parks, greenbelts, and
similar forest development projects;
(iii) Subject to the provisions of Title Five, Book I of this
Code, health services which include the implementation
of programs and projects on primary health care,
maternal and child care, and communicable and non-
communicable disease control services, access to
secondary and tertiary health services; purchase of
medicines, medical supplies, and equipment needed to
carry out the services herein enumerated;
(iv) Social welfare services which include programs and
projects on child and youth welfare, family and
community welfare, women's welfare, welfare of the
elderly and disabled persons; community-based
rehabilitation programs for vagrants, beggars, street
children, scavengers, juvenile delinquents, and victims of
drug abuse; livelihood and other pro-poor projects;
nutrition services; and family planning services;
(v) Information services which include investments and
job placement information systems, tax and marketing
information systems, and maintenance of a public
library;
(vi) Solid waste disposal system or environmental
management system and services or facilities related to
general hygiene and sanitation;
(vii) Municipal buildings, cultural centers, public parks
including freedom parks, playgrounds, and other sports
facilities and equipment, and other similar facilities;
50 of 188
(viii) Infrastructure facilities intended primarily to service
not covered under this Section, except in those cases
the needs of the residents of the municipality and which
where the local government unit concerned is duly
are funded out of municipal funds including but not
designated as the implementing agency for such
limited to, municipal roads and bridges; school buildings
projects, facilities, programs, and services.
and other facilities for public elementary and secondary
(d) The designs, plans, specifications, testing of materials,
schools; clinics, health centers and other health facilities
and the procurement of equipment and materials at P170
necessary to carry out health services; communal
from both foreign and local sources necessary for the
irrigation, small water impounding projects and other
provision of the foregoing services and facilities shall be
similar projects; fish ports; artesian wells, spring
undertaken by the local government unit concerned,
development, rainwater collectors and water supply
based on national policies, standards and guidelines.
systems; seawalls, dikes, drainage and sewerage, and
(e) National agencies or offices concerned shall devolve to
flood control; traffic signals and road signs; and similar
local government units the responsibility for the provision
facilities;
of basic services and facilities enumerated in this Section
(ix) Public markets, slaughterhouses and other municipal
within six (6) months after the effectivity of this Code.
enterprises;
(x) Public cemetery; As used in this Code, the term "devolution" refers to the
act by which the national government confers power and
(xi) Tourism facilities and other tourist attractions,
authority upon the various local government units to
including the acquisition of equipment, regulation and
perform specific functions and responsibilities.
supervision of business concessions, and security services
for such facilities; and (f) The national government or the next higher level of
local government unit may provide or augment the basic
(xii) Sites for police and fire stations and substations and
services and facilities assigned to a lower level of local
municipal jail;
government unit when such services or facilities are not
(3) For a Province:
made available or, if made available, are inadequate to
(i) Agricultural extension and on-site research services
and facilities which include the prevention and control of meet the requirements of its inhabitants.
plant and animal pests and diseases; dairy farms, (g) The basic services and facilities hereinabove
livestock markets, animal breeding stations, and artificial enumerated shall be funded from the share of local
insemination centers; and assistance in the organization government units in the proceeds of national taxes and
of farmers and fishermen's cooperatives, and other other local revenues and funding support from the
collective organizations, as well as the transfer of national government, its instrumentalities and
appropriate technology; government-owned or controlled corporations which are
tasked by law to establish and maintain such services or
(ii) Industrial research and development services, as well
as the transfer of appropriate technology; facilities. Any fund or resource available for the use of
local government units shall be first allocated for the
(iii) Pursuant to national policies and subject to
supervision, control and review of the DENR, enforcement provision of basic services or facilities enumerated in
of forestry laws limited to community-based forestry subsection (b) hereof before applying the same for other
projects, pollution control law, small-scale mining law, purposes, unless otherwise provided in this Code.
(h) Regional offices of national agencies or offices whose
and other laws on the protection of the environment; and
functions are devolved to local government units as
mini-hydroelectric projects for local purposes;
provided herein shall be phased out within one (1) year
(iv) Subject to the provisions of Title Five, Book I of this
from the approval of this Code. Said national agencies
Code, health services which include hospitals and other
and offices may establish such field units as may be
tertiary health services;
necessary for monitoring purposes and providing
(v) Social welfare services which include programs and
technical assistance to local government units. The
projects on rebel returnees and evacuees; relief
properties, equipment, and other assets of these
operations; and population development services;
regional offices shall be distributed to the local
(vi) Provincial buildings, provincial jails, freedom parks
government units in the region in accordance with the
and other public assembly areas and similar facilities;
rules and regulations issued by the oversight committee
(vii) Infrastructure facilities intended to service the needs
created under this Code.
of the residence of the province and which are funded
(i) The devolution contemplated in this Code shall include
out of provincial funds including, but not limited to,
the transfer to local government units of the records,
provincial roads and bridges; inter-municipal
equipment, and other assets and personnel of national
waterworks, drainage and sewerage, flood control, and
agencies and offices corresponding to the devolved
irrigation systems; reclamation projects; and similar
powers, functions, and responsibilities.
facilities;
Personnel of said national agencies or offices shall be
(viii) Programs and projects for low-cost housing and
absorbed by the local government units to which they
other mass dwellings, except those funded by the Social
belong or in whose areas they are assigned to the extent
Security System (SSS), Government Service Insurance
that it is administratively viable as determined by the said
System p. 172 (GSIS), and the Home Development
oversight committee: Provided, That the rights accorded
Mutual Fund (HDMF): Provided, That national funds for
to such personnel pursuant to civil service law, rules and
these programs and projects shall be equitably allocated
regulations shall not be impaired: Provided, further, That
among the regions in proportion to the ratio of the
regional directors who are career executive service
homeless to the population;
officers and other officers of similar rank in the said
(ix) Investment support services, including access to
regional offices who cannot be absorbed by the local
credit financing;
government unit shall be retained by the national
(x) Upgrading and modernization of tax information and
government, without any diminution of rank, salary or
collection services through the use of computer
tenure.
hardware and software and other means;
(j) To ensure the active participation of the private sector
(xi) Inter-municipal telecommunications services, subject
in local governance, local government units may, by
to national policy guidelines; and
ordinance, sell, lease, encumber, or otherwise dispose of
(xii) Tourism development and promotion programs;
public economic enterprises owned by them in their
(4) For a City:
proprietary capacity.
All the services and facilities of the municipality and
Costs may also be charged for the delivery of basic
province, and in addition thereto, the following:
services or facilities enumerated in this Section.
(1) Adequate communication and transportation facilities;
Section 18. Power to Generate and Apply Resources. -
(c) Notwithstanding the provisions of subsection (b)
Local government units shall have the power and
hereof, public works and infrastructure projects and other
authority to establish an organization that shall be
facilities, programs and services funded by the national
responsible for the efficient and effective
government under the annual General Appropriations
implementation of their development plans, program
Act, other special laws, pertinent executive orders, and
objectives and priorities; to create their own sources of
those wholly or partially funded from foreign sources, are
revenues and to
levy taxes, fees, and charges which shall accrue
exclusively for their use and disposition and which shall
be retained by them; to have a just share in national taxes
which shall be automatically and directly released to
them without need of any further action; to have an
equitable share in the proceeds from the utilization and
development of the national wealth and resources within
their respective territorial jurisdictions including sharing
the same with the inhabitants by way of direct benefits;
to acquire, develop, lease, encumber, alienate, or
otherwise dispose of real or personal property held by
them in their proprietary capacity and to apply their
resources and assets for productive, developmental, or
welfare purposes, in the exercise or furtherance of their
governmental or proprietary powers and functions and
thereby ensure their development into self-reliant
communities and active participants in the attainment of
national goals.
Section 19. Eminent Domain. - A local government unit
may, through its chief executive and acting pursuant to
an ordinance, exercise the power of eminent domain for
public use, or purpose or welfare for the benefit of the
poor and the landless, upon payment of just
compensation, pursuant to the provisions of the
Constitution and pertinent laws: Provided, however, That
the power of eminent domain may not be exercised
unless a valid and definite offer has been previously made
to the owner, and such offer was not accepted: Provided,
further, That the local government unit may immediately
take possession of the property upon the filing of the
expropriation proceedings and upon making a deposit
with the proper court of at least fifteen percent (15%) of
the fair market value of the property based on the current
tax declaration of the property to be expropriated:
Provided, finally, That, the amount to be paid for the
expropriated property shall be determined by the proper
court, based on the fair market value at the time of the
taking of the property.
Section 20. Reclassification of Lands. -
(a) A city or municipality may, through an ordinance
passed by the sanggunian after conducting public
hearings for the purpose, authorize the reclassification of
agricultural lands and provide for the manner of their
utilization or disposition in the following cases: (1) when
the land ceases to be economically feasible and sound for
agricultural purposes as determined by the Department
of Agriculture or (2) where the land shall have
substantially greater economic value for residential,
commercial, or industrial purposes, as determined by the
sanggunian concerned: Provided, That such
reclassification shall be limited to the following
percentage of the total agricultural land area at the time
of the passage of the ordinance:
(1) For highly urbanized and independent component
cities, fifteen percent (15%);
(2) For component cities and first to the third class
municipalities, ten percent (10%); and
(3) For fourth to sixth class municipalities, five percent
(5%): Provided, further, That agricultural lands distributed
to agrarian reform beneficiaries pursuant to Republic Act
Numbered Sixty-six hundred fifty-seven (R.A. No. 6657).
otherwise known as "The Comprehensive Agrarian
Reform Law", shall not be affected by the said
reclassification and the conversion of such lands into
other purposes shall be governed by Section 65 of said
Act.
(b) The President may, when public interest so requires
and upon recommendation of the National Economic
and Development Authority, authorize a city or
municipality to reclassify lands in excess of the limits set
in the next preceding paragraph.
(c) The local government units shall, in conformity with
existing laws, continue to prepare their respective
comprehensive land use plans enacted through zoning
ordinances which shall be the primary and dominant
bases for the future use of land resources: Provided.
That the requirements for food production, human
settlements, and industrial expansion shall be taken into
consideration in the preparation of such plans.
(d) Where approval by a national agency is required for
reclassification, such approval shall not be unreasonably
withheld. Failure to act on a proper and complete
application for reclassification within three (3) months
from receipt of the same shall be deemed as approval
thereof.
(e) Nothing in this Section shall be construed as
repealing, amending, or modifying in any manner the
provisions of R.A. No. 6657.
Section 21. Closure and Opening of Roads. -
(a) A local government unit may, pursuant to an
ordinance, permanently or temporarily close or open
any local road, alley, park, or square falling within its
jurisdiction: Provided, however, That in case of
permanent closure, such ordinance must be approved by
at least two-thirds (2/3) of all the members of the
sanggunian, and when necessary, an adequate
substitute for the public facility that is subject to closure
is provided.
(b) No such way or place or any part thereof shall be
permanently closed without making provisions for the
maintenance of public safety therein. A property thus
permanently withdrawn from public use may be used or
conveyed for any purpose for which other real property
belonging to the local government unit concerned may
be lawfully used or conveyed: Provided, however, That
no freedom park shall be closed permanently without
provision for its transfer or relocation to a new site.
(c) Any national or local road, alley, park, or square may be
temporarily closed during an actual emergency, or fiesta
celebrations, public rallies, agricultural or industrial fairs,
or an undertaking of public works and highways,
telecommunications, and waterworks projects, the
duration of which shall be specified by the local chief
executive concerned in a written order: Provided,
however, That no national or local road, alley, park, or
square shall be temporarily closed for athletic, cultural, or
civic activities not officially sponsored, recognized, or
approved by the local government unit concerned.
(d) Any city, municipality, or barangay may, by a duly
enacted ordinance, temporarily close and regulate the use
of any local street, road, thoroughfare, or any other public
place where shopping malls, Sunday, flea or night markets,
or shopping areas may be established and where goods,
merchandise, foodstuffs, commodities, or articles of
commerce may be sold and dispensed to the general
public.
Section 22. Corporate Powers. -
(a) Every local government unit, as a corporation, shall
have the following powers:
(1) To have continuous succession in its corporate name;
(2) To sue and be sued;
(3) To have and use a corporate seal;
(4) To acquire and convey real or personal property;
(5) To enter into contracts; and
(6) To exercise such other powers as are granted to
corporations, subject to the limitations provided in this
Code and other laws.
(b) Local government units may continue using, modify,
or change their existing corporate seals: Provided, That
newly established local government units or those
without corporate seals may create their own corporate
seals which shall be registered with the Department of
the Interior and Local Government: Provided, further,
That any change of corporate seal shall also be
registered as provided hereon.
(c) Unless otherwise provided in this Code, no contract
may be entered into by the local chief executive in
behalf of the local government unit without prior
authorization by the sanggunian concerned. A legible
copy of such contract shall be posted at a conspicuous
place in the provincial capitol or the city, municipal or
barangay hall.
(d) Local government units shall enjoy full autonomy in
the exercise of their proprietary functions and in the
limitations provided in this Code and other applicable
laws,
Section 23. Authority to Negotiate and Secure Grants. -
Local chief executives may, upon authority of the
sanggunian, negotiate and secure financial grants or
donations in kind, in support of the basic services or
facilities enumerated under Section 17 hereof, from
local and foreign assistance agencies without necessity
of securing clearance or approval therefor from any
department, agency, or office of the national
government of from any higher local government unit:
Provided, That projects financed by such grants or
assistance with national security implications shall be
approved by the national agency concerned: Provided,
further, That when such national agency fails to act on
the request for approval within thirty (30) days from
receipt thereof, the same shall be deemed approved.
The local chief executive shall, within thirty (30) days
upon signing of such grant agreement or deed of
donation, report the nature, amount, and terms of such
assistance to both Houses of Congress and the
President.
Section 24. Liability for Damages. - Local government
units and their officials are not exempt from liability for
death or injury to persons or damage to property.
CHAPTER III Intergovernmental Relations
ARTICLE I National Government and Local Government
Units
Section 25. National Supervision over Local Government
Units. -
(a) Consistent with the basic policy on local autonomy,
the President shall exercise general supervision over
local government units to ensure that their acts are
within the scope of their prescribed powers and
functions.
The President shall exercise supervisory authority directly
over provinces, highly urbanized cities, and independent
component cities; through the province with respect to
component cities and municipalities; and through the
city and municipality with respect to barangays.
(b) National agencies and offices with project
implementation functions shall coordinate with one
another and with the local government units concerned
in the discharge of these functions. They shall ensure the
participation of local government units both in the
planning and implementation of said national projects.
(c) The President may, upon request of the local
government unit concerned, direct the appropriate
national agency to provide financial, technical, or other
forms of assistance to the local government unit. Such
assistance shall be extended at no extra cost to the local
government unit concerned.
(d) National agencies and offices including
government-owned or controlled corporations with field
units or branches in a province, city, or municipality shall
furnish the local chief executive concerned, for his
information and guidance, monthly reports including
duly certified budgetary allocations and expenditures.
Section 26. Duty of National Government Agencies in the
Maintenance of Ecological Balance. - It shall be the duty
of every national agency or government-owned or
controlled corporation authorizing or involved in the
planning and implementation of any project or program
that may cause pollution, climatic change, depletion of
non-renewable resources, loss of crop land, rangeland,
or forest cover, and extinction of animal or plant species,
to consult with the local government units,
nongovernmental organizations, and other sectors
concerned and explain the goals and objectives of the
project or program, its impact upon the people and the
community in terms of environmental or ecological
balance, and the measures that will be undertaken to
prevent or minimize the adverse effects thereof.
Section 27. Prior Consultations Required. - No project or
program shall be implemented by government
authorities unless the consultations mentioned in
Sections 2 (c) and 26 hereof are complied with, and prior
approval of the sanggunian concerned is obtained:
Provided, That occupants in areas where such projects
are to be implemented shall not be evicted unless
appropriate relocation sites have been provided, in
accordance with the provisions of the Constitution.
ARTICLE II Relations with the Philippine National Police
Section 28. Powers of Local Chief Executives over the
Units of the Philippine National Police. - The extent of
operational supervision and control of local chief
executives over the police force, fire protection unit, and
jail management personnel assigned in their respective
jurisdictions shall be governed by the provisions of
Republic Act Numbered Sixty-nine hundred seventy-five
(R.A. No. 6975), otherwise known as "The Department of
the Interior and Local Government Act of 1990", and the
rules and regulations issued pursuant thereto.
ARTICLE III Inter-Local Government Relations
Section 29. Provincial Relations with Component Cities
and Municipalities. - The province, through the governor,
shall ensure that every component city and municipality
within its territorial jurisdiction acts within the scope of its
prescribed powers and functions. Highly urbanized cities
and independent component cities shall be independent
of the province.
Section 30. Review of Executive Orders. -
(a) Except as otherwise provided under the Constitution
and special statutes, the governor shall review all
executive orders promulgated by the component city or
municipal mayor within his jurisdiction. The city or
municipal mayor shall review all executive orders
promulgated by the punong barangay within his
jurisdiction. Copies of such orders shall be forwarded to
the governor or the city or municipal mayor, as the case
may be, within three (3) days from their issuance. In all
instances of review, the local chief executive concerned
shall ensure that such executive orders are within the
powers granted by law and in conformity with provincial,
city, or municipal ordinances.
(b) If the governor or the city or municipal mayor fails to
act on said executive orders within thirty (30) days after
their submission, the same shall be deemed consistent
with law and therefore valid.
Section 31. Submission of Municipal Questions to the
Provincial Legal Officer or Prosecutor. - In the absence of
a municipal legal officer, the municipal government may
secure the opinion of the provincial legal officer, and in
the absence of the latter, that of the provincial prosecutor
on any legal question affecting the municipality.
Section 32. City and Municipal Supervision over Their
Respective Barangays. - The city or municipality, through
the city or municipal mayor concerned, shall exercise
general supervision over component barangays to ensure
that said barangays act within the scope of their
prescribed powers and functions.
Section 33. Cooperative Undertakings Among Local
Government Units. - Local government units may,
through appropriate ordinances, group themselves,
consolidate, or coordinate their efforts, services, and
resources for purposes commonly beneficial to them. In
support of such undertakings, the local government
units involved may, upon approval by the sanggunian
concerned after a public hearing conducted for the
purpose, contribute funds, real estate, equipment, and
other kinds of property and appoint or assign personnel
under such terms and conditions as may be agreed upon
by the participating local units through Memoranda of
Agreement.
CHAPTER IV Relations With People's
and Non-Governmental Organizations
Section 34. Role of People's and Non-governmental
Organizations. - Local government units shall promote
the establishment and operation of people's and non-
governmental organizations to become active partners
in the pursuit of local autonomy.
Section 35. Linkages with People's and Non-
governmental Organizations. - Local government units
may enter into joint ventures and such other
cooperative arrangements with people's and
non-governmental organizations to engage in the
delivery of certain basic services, capability-building and
livelihood projects, and to develop local enterprises
designed to improve productivity and income, diversity
agriculture, spur rural industrialization, promote
ecological balance, and enhance the economic and social
well-being of the people.
Section 36. Assistance to People's and Non-
governmental Organizations. - A local government unit
may, through its local chief executive and with the
concurrence of the sanggunian concerned, provide
assistance, financial or otherwise, to such people's and
non-governmental organizations for economic, socially-
oriented, environmental, or cultural projects to be
implemented within its territorial jurisdiction.
CHAPTER V Local Prequalification, Bids and
Awards Committee
Section 37. Local Prequalification, Bids and Awards
Committee (Local PBAC). -
(a) There is hereby created a local prequalification, bids
and awards committee in every province, city, and
municipality, which shall be primarily responsible for the
conduct of prequalification of contractors, bidding,
evaluation of bids, and the recommendation of awards
concerning local infrastructure projects. The governor or
the city or municipal mayor shall act as the chairman
with the following as members:
(1) The chairman of the appropriations committee of the
sanggunian concerned;
(2) A representative of the minority party in the
sanggunian concerned, if any, or if there be none, one (1)
chosen by said sanggunian from among its members;
(3) The local treasurer;
(4) Two (2) representatives of non-governmental
organizations that are represented in the local
development council concerned, to be chosen by the
organizations themselves; and
(5) Any practicing certified public accountant from the
private sector, to be designated by the local chapter of
the Philippine Institute of Certified Public Accountants, if
any.
Representatives of the Commission on Audit shall
observe the proceedings of such committee and shall
certify that the rules and procedures for prequalification,
bids and awards have been complied with.
(b) The agenda and other information relevant to the
meetings of such committee shall be deliberated upon by
the committee at least one (1) week before the holding of
such meetings.
(c) All meetings of the committee shall be held in the
provincial capitol or the city or municipal hall. The
minutes of such meetings of the committee and any
decision made therein shall be duly recorded, posted at a
prominent place in the provincial capitol or the city or
municipal hall, and delivered by the most expedient
means to elective local officials concerned.
Section 38. Local Technical Committee. -
(a) There is hereby created a local technical committee in
every province, city and municipality to provide technical
assistance to the local prequalification, bids and awards
committees. It shall be composed of the provincial, city or
municipal engineer, the local planning and development
coordinator, and such other officials designated by the
local prequalification, bids and awards committee.
(b) The chairman of the local technical committee shall
be designated by the local prequalification, bids and
awards committee and shall attend its meeting in order
to present the reports and recommendations of the local
technical committee.
TITLE II ELECTIVE OFFICIALS
CHAPTER I Qualifications and Election
Section 39. Qualifications. -
(a) An elective local official must be a citizen of the
Philippines; a registered voter in the barangay,
municipality, city, or province or, in the case of a member
of the sangguniang panlalawigan, sangguniang
panlungsod, or sangguniang bayan, the district where he
intends to be elected; a resident therein for at least one (1)
year immediately preceding the day of the election; and
able to read and write Filipino or any other local language
or dialect.
(b) Candidates for the position of governor, vice-governor,
or member of the sangguniang panlalawigan, or mayor,
vice-mayor or member of the sangguniang panlungsod
of highly urbanized cities must be at least twenty-one (21)
years of age on election day.
(c) Candidates for the position of mayor or vice-mayor of
independent component cities, component cities, or
municipalities must be at least twenty-one (21) years of
age on election day.
(d) Candidates for the position of member of the
sangguniang panlungsod or sangguniang bayan must
be at least eighteen (18) years of age on election day.
(e) Candidates for the position of punong barangay or
member of the sangguniang barangay must be at least
eighteen (18) years of age on election day.
(f) Candidates for the sangguniang kabataan must be at
least fifteen (15) years of age but not more than twenty-
one (21) years of age on election day.
Section 40. Disqualifications. - The following persons are
disqualified from running for any elective local position:
(a) Those sentenced by final judgment for an offense
involving moral turpitude or for an offense punishable by
one (1) year or more of imprisonment, within two (2) years
after serving sentence;
(b) Those removed from office as a result of an
administrative case;
(c) Those convicted by final judgment for violating the
oath of allegiance to the Republic;
(d) Those with dual citizenship;
(e) Fugitives from justice in criminal or non-political cases
here or abroad;
(f) Permanent residents in a foreign country or those who
have acquired the right to reside abroad and continue to
avail of the same right after the effectivity of this Code; and
(g) The insane or feeble-minded.
Section 41. Manner of Election. -
(a) The governor, vice-governor, city mayor, city vice-
mayor, municipal mayor, municipal vice-mayor, and
punong barangay shall be elected at large in their
respective units by the qualified voters therein. However,
the sangguniang kabataan chairman for each barangay
shall be elected by the registered voters of the katipunan
ng kabataan, as provided in this Code.
(b) The regular members of the sangguniang
panlalawigan, sangguniang panlungsod, and
sangguniang bayan shall be elected by district as follows:
First and second-class provinces shall have ten (10)
regular members; third and fourth-class provinces, eight
(8); and fifth and sixth-class provinces, six (6): Provided,
That in provinces having more than five (5) legislative
districts, each district shall have two (2) sangguniang
panlalawigan members, without prejudice to the
provisions of Section 2 of Republic Act No. 6637.
Sangguniang barangay members shall be elected at
large. The presidents of the leagues of sanggunian
members of component cities and municipalities shall
serve as ex officio members of the sangguniang
panlalawigan concerned. The presidents of the liga ng
mga barangay and the pederasyon ng mga sangguniang
kabataan elected by their respective chapters, as
provided in this Code, shall serve as ex officio members
of
the sangguniang panlalawigan, sangguniang
panlungsod, and sangguniang bayan. (An Act Amending
Section 41(B) of Republic Act No. 7160, Otherwise Known
as the Local Government Code of 1991, Republic Act No.
8553, [February 25, 1998])
(c) In addition thereto, there shall be one (1) sectoral
representative from the women, one (1) from the workers,
and one (1) from any of the following sectors: the urban
poor, indigenous cultural communities, disabled persons,
or any other sector as may be determined by the
sanggunian concerned within ninety (90) days prior to
the holding of the next local elections as may be provided
for by law. The COMELEC shall promulgate the rules and
regulations to effectively provide for the election of such
sectoral representatives.
Section 42. Date of Election. - Unless otherwise provided
by law, the elections for local officials shall be held every
three (3) years on the second Monday of May.
Section 43. Term of Office. -
(a) The term of office of all elective officials elected after
the effectivity of this Code shall be three (3) years,
starting from noon of June 30, 1992 or such date as may
be provided for by law, except that of elective barangay
officials and members of the sangguniang kabataan:
Provided, That all local officials first elected during the
local elections immediately following the ratification of
the 1987 Constitution shall serve until noon of June 30,
1992.
(b) No local elective official shall serve for more than three
(3) consecutive terms in the same position. Voluntary
renunciation of the office for any length of time shall not
be considered as an interruption in the continuity of
service for the full term for which the elective official
concerned was elected.
(c) The term of barangay officials and members of the
sangguniang kabataan shall be for five (5) years, which
shall begin after the regular election of barangay officials
on the second Monday of May 1997: Provided, That the
sangguniang kabataan members who were elected in
the May 1996 elections shall serve until the next regular
election of barangay officials. (as amended by Republic
Act No. 8524, [February 14, 1998])
CHAPTER II Vacancies and Succession
Section 44. Permanent Vacancies in the Offices of the
Governor, Vice-Governor, Mayor, and Vice-Mayor. - If a
permanent vacancy occurs in the office of the governor
or mayor, the vice-governor or vice-mayor concerned
shall become the governor or mayor. If a permanent
vacancy occurs in the offices of the governor, vice-
governor, mayor, or vice-mayor, the highest ranking
sanggunian member or, in case of his permanent
inability, the second highest ranking sanggunian
member, shall become the governor, vice-governor,
mayor or vice-mayor, as the case may be. Subsequent
vacancies in the said office shall be filled automatically by
the other sanggunian members according to their
ranking as defined herein.
(b) If a permanent vacancy occurs in the office of the
punong barangay, the highest ranking sanggunian
barangay member or, in case of his permanent inability,
the second highest ranking sanggunian member, shall
become the punong barangay.
(c) A tie between or among the highest ranking
sanggunian members shall be resolved by the drawing of
lots.
(d) The successors as defined herein shall serve only the
unexpired terms of their predecessors.
For purposes of this Chapter, a permanent vacancy arises
when an elective local official fills a higher vacant office,
refuses to assume office, fails to qualify, dies, is removed
from office, voluntarily resigns, or is otherwise
permanently incapacitated to discharge the functions of
his office.
For purposes of succession as provided in the Chapter,
ranking in the sanggunian shall be determined on the
basis of the proportion of votes obtained by each
winning candidate to the total number of registered
voters in each district in the immediately preceding local
election.
Section 45. Permanent Vacancies in the Sanggunian. -
(a) Permanent vacancies in the sanggunian where
automatic succession provided above do not apply shall
be filled by appointment in the following manner:
(1) The President, through the Executive Secretary, in the
case of the sangguniang panlalawigan and the
sangguniang panlungsod of highly urbanized cities and
independent component cities;
(2) The governor, in the case of the sangguniang
panlungsod of component cities and the sangguniang
bayan;
(3) The city or municipal mayor, in the case of
sangguniang barangay, upon recommendation of the
sangguniang barangay concerned.
(b) Except for the sangguniang barangay, only the
nominee of the political party under which the
sanggunian member concerned had been elected and
whose elevation to the position next higher in rank
created the last vacancy in the sanggunian shall be
appointed in the manner hereinabove provided. The
appointee shall come from the same political party as
that of the sanggunian member who caused the vacancy
and shall serve the unexpired term of the vacant office.
In the appointment herein mentioned, a nomination and
a certificate of membership of the appointee from the
highest official of the political party concerned are
conditions sine qua non, and any appointment without
such nomination and certification shall be null and void
ab initio and shall be a ground for administrative action
against the official responsible therefore.
(c) In case or permanent vacancy is caused by a
sanggunian member who does not belong to any
political party, the local chief executive shall, upon
recommendation of the sanggunian concerned, appoint
a qualified person to fill the vacancy.
(d) In case of vacancy in the representation of the youth
and the barangay in the sanggunian, said vacancy shall
be filled automatically by the official next in rank of the
organization concerned.
Section 46. Temporary Vacancy in the Office of the Local
Chief Executive. -
(a) When the governor, city or municipal mayor, or
punong barangay is temporarily incapacitated to perform
his duties for physical or legal reasons such as, but not
limited to, leave of absence, travel abroad, and suspension
from office, the vice-governor, city or municipal vice-
mayor, or the highest ranking sangguniang barangay
member shall automatically exercise the powers and
perform the duties and functions of the local chief
executive concerned, except the power to appoint,
suspend, or dismiss employees which can only be
exercised if the period of temporary incapacity exceeds
thirty (30) working days.
(b) Said temporary incapacity shall terminate upon
submission to the appropriate sanggunian of a written
declaration by the local chief executive concerned that he
has reported back to office. In cases where the temporary
incapacity is due to legal causes, the local chief executive
concerned shall also submit necessary documents
showing that said legal causes no longer exist.
(c) When the incumbent local chief executive is traveling
within the country but outside his territorial jurisdiction
for a period not exceeding three (3) consecutive days, he
may designate in writing the officer-in-charge of the said
office. Such authorization shall specify the powers and
functions that the local official concerned shall exercise
in the absence of the local chief executive except the
power to appoint, suspend, or dismiss employees.
(d) In the event, however, that the local chief executive
concerned fails or refuses to issue such authorization, the
vice-governor, the city or municipal vice-mayor, or the
highest ranking sangguniang barangay member, as the case
may be, shall have the right to assume the powers, duties,
and functions of the said office on the fourth (4th) day of
absence of the said local chief executive, subject to the
limitations provided in subsection (c) hereof.
(e) Except as provided above, the local chief executive
sanggunian members: Provided, further, That a member
shall in no case authorize any local official to assume the
convicted by final judgment to imprisonment of at least
powers, duties, and functions of the office, other than the
one (1) year for any crime involving moral turpitude shall
vice-governor, the city or municipal vice-mayor, or the
be automatically expelled from the sanggunian; and
highest ranking sangguniang barangay member, as the
(6) Such other rules as the sanggunian may adopt.
case may be.
Section 51. Full Disclosure of Financial and Business
Section 47. Approval of Leaves of Absence. -
Interests of Sanggunian Members. -
(a) Leaves of absence of local elective officials shall be
(a) Every sanggunian member shall, upon assumption to
approved as follows:
office, make a full disclosure of his business and financial
(1) Leaves of absence of the governor and the mayor of a
interests, or professional relationship or any relation by
highly urbanized city or an independent component city
affinity or consanguinity within the fourth civil degree,
shall be approved by the President or his duly authorized
which he may have with any person, firm, or entity
representative;
affected by any ordinance or resolution under
(2) Leaves of absence of vice-governor or a city or
consideration by the sanggunian of which he is a
municipal vice-mayor shall be approved by the local
member, which relationship may result in conflict of
chief executive concerned: Provided, That the leaves of
interest. Such relationship shall include:
absence of the members of the sanggunian and its
(1) Ownership of stock or capital, or investment, in the
employees shall be approved by the vice-governor or
entity or firm to which the ordinance or resolution may
city or municipal vice-mayor concerned;
apply; and
(3) Leaves of absence of the component city or municipal
(2) Contracts or agreements with any person or entity
mayor shall be approved by the governor; and
which the ordinance or resolution under consideration
(4) Leaves of absence of a punong barangay shall be
may affect.
approved by the city or municipal mayor: Provided, That
In the absence of a specific constitutional or statutory
leaves of absence of sangguniang barangay members
provision applicable to this situation, "conflict of
shall be approved by the punong barangay.
interest" refers in general to one where it may be
(b) Whenever the application for leave of absence
reasonably deduced that a member of a sanggunian may
hereinabove specified is not acted upon within five (5)
not act in the public interest due to some private,
working days after receipt thereof, the application for
pecuniary, or other personal considerations that may
leave of absence shall be deemed approved.
tend to affect his judgment to the prejudice of the
service or the public.
CHAPTER III Local Legislation (b) The disclosure required under this Act shall be made
in writing and submitted to the secretary of the
sanggunian or the secretary of the committee of which
Section 48. Local Legislative Power. - Local legislative he is a member. The disclosure shall, in all cases, form
power shall be exercised by the sangguniang part of the record of the proceedings and shall be made
panlalawigan for the province; the sangguniang in the following manner:
panlungsod for the city; the sangguniang bayan for the (1) Disclosure shall be made before the member
municipality; and the sangguniang barangay for the participates in the deliberations on the ordinance or
barangay. resolution under consideration: Provided, That, if the
Section 49. Presiding Officer. - member did not participate during the deliberations, the
(a) The vice-governor shall be the presiding officer of the disclosure shall be made before voting on the ordinance
sangguniang panlalawigan; the city vice-mayor, of the or resolution on second and third readings; and
sangguniang panlungsod; the municipal vice-mayor, of
(2) Disclosure shall be made when a member takes a
the sangguniang bayan; and the punong barangay, of the position or makes a privilege speech on a matter that
sangguniang barangay. The presiding officer shall vote
may affect the business interest, financial connection, or
only to break a tie. professional relationship described herein.
(b) In the event of the inability of the regular presiding Section 52. Sessions. -
officer to preside at a sanggunian session, the members (a) On the first day of the session immediately following
present and constituting a quorum shall elect from the election of its members, the sanggunian shall, by
among themselves a temporary presiding officer. He resolution, fix the day, time, and place of its regular
shall certify within ten (10) days from the passage of sessions. The minimum numbers of regular sessions shall
ordinances enacted and resolutions adopted by the be once a week for the sangguniang panlalawigan,
sanggunian in the session over which he temporarily sangguniang panlungsod, and sangguniang bayan, and
presided. twice a month for the sangguniang barangay.
Section 50. Internal Rules of Procedure. -
(b) When public interest so demands, special sessions
(a) On the first regular session following the election of its
may be called by the local chief executive or by a
members and within ninety (90) days thereafter, the
majority of the members of the sanggunian.
sanggunian concerned shall adopt or update its existing
(c) All sanggunian sessions shall be open to the public
rules of procedure.
unless a closed-door session is ordered by an affirmative
(b) The rules of procedure shall provided for the following:
vote of a majority of the members present, there being a
(1) The organization of the sanggunian and the election of
quorum, in the public interest or for reasons of security,
its officers as well as the creation of standing committees
decency, or morality. No two (2) sessions, regular or
which shall include, but shall not be limited to, the
special, may be held in a single day.
committees on appropriations, women and family, human
(d) In the case of special sessions of the sanggunian, a
rights, youth and sports development, environmental
written notice to the members shall be served personally
protection, and cooperatives; the general jurisdiction of
at the member's usual place of residence at least twenty-
each committee; and the election of the chairman and
four (24) hours before the special session is held. Unless
members of each committee;
otherwise concurred in by two-thirds (2/3) vote of the
(2) The order and calendar of business for each session;
sanggunian members present, there being a quorum, no
(3) The legislative process;
other matters may be considered at a special session
(4) The parliamentary procedures which include the
except those stated in the notice.
conduct of members during sessions;
(e) Each sanggunian shall keep a journal and record of its
(5) The discipline of members for disorderly behavior and
proceedings which may be published upon resolution of
absences without justifiable cause for four (4) consecutive
the sanggunian concerned.
sessions, for which they may be censured, reprimanded,
Section 53. Quorum. -
or excluded from the session, suspended for not more
(a) A majority of all the members of the sanggunian who
than sixty (60) days, or expelled: Provided, That the
have been elected and qualified shall constitute a
penalty of suspension or expulsion shall require the
quorum to transact official business. Should a question
concurrence of at least two-thirds (2/3) vote of all the
of quorum be raised during a session, the presiding
officer
shall immediately proceed to call the roll of the
members and thereafter announce the results.
(b) Where there is no quorum, the presiding officer may
declare a recess until such time as a quorum is
constituted, or a majority of the members present may
adjourn from day to day and may compel the immediate
attendance of any member absent without justifiable cause
by designating a member of the sanggunian to be assisted
by a member or members of the police force assigned in
the territorial jurisdiction of the local government unit
concerned, to arrest the absent member and present him
at the session.
(c) If there is still no quorum despite the enforcement of
the immediately preceding subsection, no business shall
be transacted. The presiding officer, upon proper motion
duly approved by the members present, shall then
declare the session adjourned for lack of quorum.
Section 54. Approval of Ordinances. -
(a) Every ordinance enacted by the sangguniang
panlalawigan, sangguniang panlungsod, or sangguniang
bayan shall be presented to the provincial governor or city
or municipal mayor, as the case may be. If the local chief
executive concerned approves the same, he shall affix his
signature on each and every page thereof; otherwise, he
shall veto it and return the same with his objections to
the sanggunian, which may proceed to reconsider the
same. The sanggunian concerned may override the veto
of the local chief executive by two-thirds (2/3) vote of all
its members, thereby making the ordinance or resolution
effective for all legal intents and purposes.
(b) The veto shall be communicated by the local chief
executive concerned to the sanggunian within fifteen (15)
days in the case of a province, and ten (10) days in the
case of a city or a municipality; otherwise, the ordinance
shall be deemed approved as if he had signed it.
(c) Ordinances enacted by the sangguniang barangay
shall, upon approval by the majority of all its members,
be signed by the punong barangay.
Section 55. Veto Power of the Local Chief Executive. -
(a) The local chief executive may veto any ordinance of
the sanggunian panlalawigan, sangguniang panlungsod,
or sanggunian bayan on the ground that it is ultra vires or
prejudicial to the public welfare, stating his reasons
therefor in writing.
(b) The local chief executive, except the punong barangay,
shall have the power to veto any particular item or items
of an appropriations ordinance, an ordinance or
resolution adopting a local development plan and public
investment program, or an ordinance directing the
payment of money or creating liability. In such a case, the
veto shall not affect the item or items which are not
objected to. The vetoed item or items shall not take effect
unless the sanggunian overrides the veto in the manner
herein provided; otherwise, the item or items in the
appropriations ordinance of the previous year
corresponding to those vetoed, if any, shall be deemed
reenacted.
(c) The local chief executive may veto an ordinance or
resolution only once. The sanggunian may override the
veto of the local chief executive concerned by two-thirds
(2/3) vote of all its members, thereby making the
ordinance effective even without the approval of the local
chief executive concerned.
Section 56. Review of Component City and Municipal
Ordinances or Resolutions by the Sangguniang
Panlalawigan.
(a) Within three (3) days after approval, the secretary to
the sanggunian panlungsod or sangguniang bayan shall
forward to the sangguniang panlalawigan for review,
copies of approved ordinances and the resolutions
approving the local development plans and public
investment programs formulated by the local
development councils.
(b) Within thirty (30) days after the receipt of copies of
such ordinances and resolutions, the sangguniang
panlalawigan shall examine the documents or transmit
them to the provincial attorney, or if there be none, to the
provincial prosecutor for prompt examination. The
provincial attorney or provincial prosecutor shall, within a
period of ten (10) days from receipt of the documents,
inform the sangguniang panlalawigan in writing of his
comments or recommendations, which may be
considered by the sangguniang panlalawigan in making
its decision.
(c) If the sangguniang panlalawigan finds that such an
ordinance or resolution is beyond the power conferred
upon the sangguniang panlungsod or sangguniang
bayan concerned, it shall declare such ordinance or
resolution invalid in whole or in part. The sangguniang
panlalawigan shall enter its action in the minutes and
shall advise the corresponding city or municipal
authorities of the action it has taken.
(d) If no action has been taken by the sangguniang
panlalawigan within thirty (30) days after submission of
such an ordinance or resolution, the same shall be
presumed consistent with law and therefore valid.
Section 57. Review of Barangay Ordinances by the
Sangguniang Panlungsod or Sangguniang Bayan. -
(a) Within ten (10) days after its enactment, the
sangguniang barangay shall furnish copies of all
barangay ordinances to the sangguniang panlungsod or
sangguniang bayan concerned for review as to whether
the ordinance is consistent with law and city or municipal
ordinances.
(b) If the sangguniang panlungsod or sangguniang
bayan, as the case may be, fails to take action on
barangay ordinances within thirty (30) days from receipt
thereof, the same shall be deemed approved.
(c) If the sangguniang panlungsod or sangguniang
bayan, as the case may be, finds the barangay
ordinances inconsistent with law or city or municipal
ordinances, the sanggunian concerned shall, within
thirty (30) days from receipt thereof, return the same
with its comments and recommendations to the
sangguniang barangay concerned for adjustment,
amendment, or modification; in which case, the
effectivity of the barangay ordinance is suspended until
such time as the revision called for is effected.
Section 58. Enforcement of Disapproved Ordinances or
Resolutions. - Any attempt to enforce any ordinance or any
resolution approving the local development plan and
public investment program, after the disapproval thereof,
shall be sufficient ground for the suspension or dismissal
of the official or employee concerned.
Section 59. Effectivity of Ordinances or Resolutions. -
(a) Unless otherwise stated in the ordinance or the
resolution approving the local development plan and
public investment program, the same shall take effect
after ten (10) days from the date a copy thereof is
posted in a bulletin board at the entrance of the
provincial capitol or city, municipal, or barangay hall, as
the case may be, and in at least two (2) other
conspicuous places in the local government unit
concerned.
(b) The secretary to the sanggunian concerned shall
cause the posting of an ordinance or resolution in the
bulletin board at the entrance of the provincial capitol
and the city, municipal, or barangay hall in at least two
(2) conspicuous places in the local government unit
concerned not later than five (5) days after approval
thereof.
The text of the ordinance or resolution shall be
disseminated and posted in Filipino or English and in the
language understood by the majority of the people in
the local government unit concerned, and the secretary
to the sanggunian shall record such fact in a book kept
for the purpose, stating the dates of approval and
posting.
(c) The gist of all ordinances with penal sanctions shall
be published in a newspaper of general circulation
within the province where the local legislative body
concerned belongs. In the absence of any newspaper of
general circulation within the province, posting of such
ordinances shall be made in all municipalities and cities
of the province where the sanggunian of origin is
situated.
(d) In the case of highly urbanized and independent
component cities, the main features of the ordinance or
resolution duly enacted or adopted shall, in addition to
being posted, be published once in a local newspaper
of
general circulation within the city: Provided, That in the
absence thereof the ordinance or resolution shall be
published in any newspaper of general circulation.
CHAPTER IV Disciplinary Actions
Section 60. Grounds for Disciplinary Actions. - An elective
local official may be disciplined, suspended, or removed
from office on any of the following grounds:
(a) Disloyalty to the Republic of the Philippines;
(b) Culpable violation of the Constitution;
(c) Dishonesty, oppression, misconduct in office, gross
negligence, or dereliction of duty;
(d) Commission of any offense involving moral turpitude
or an offense punishable by at least prision mayor;
(e) Abuse of authority;
(f) Unauthorized absence for fifteen (15) consecutive
working days, except in the case of members of the
sangguniang panlalawigan, sangguniang panlungsod,
sangguniang bayan, and sangguniang barangay;
(g) Application for, or acquisition of, foreign citizenship or
residence or the status of an immigrant of another
country; and
(h) Such other grounds as may be provided in this Code
and other laws.
An elective local official may be removed from office on
the grounds enumerated above by order of the proper
court.
Section 61. Form and Filing of Administrative
Complaints. - A verified complaint against any erring
local elective official shall be prepared as follows:
(a) A complaint against any elective official of a province,
a highly urbanized city, an independent component city
or component city shall be filed before the Office of the
President;
(b) A complaint against any elective official of a
municipality shall be filed before the sangguniang
panlalawigan whose decision may be appealed to the
Office of the President; and
(c) A complaint against any elective barangay official
shall be filed before the sangguniang panlungsod or
sangguniang bayan concerned whose decision shall be
final and executory.
Section 62. Notice of hearing. -
(a) Within seven (7) days after the administrative
complaint is filed, the Office of the President or the
sanggunian concerned, as the case may be, shall require
the respondent to submit his verified answer within fifteen
(15) days from receipt thereof, and commence the
investigation of the case within ten (10) days after receipt
of such answer of the respondent.
(b) When the respondent is an elective official of a
province or highly urbanized city, such hearing and
investigation shall be conducted in the place where he
renders or holds office. For all other local elective
officials, the venue shall be the place where the
sanggunian concerned is located.
(c) However, no investigation shall be held within ninety
(90) days immediately prior to any local election, and no
preventive suspension shall be imposed within the said
period. If preventive suspension has been imposed prior
to the 90-day period immediately preceding local
election, it shall be deemed automatically lifted upon the
start of aforesaid period.
Section 63. Preventive Suspension. -
(a) Preventive suspension may be imposed:
(1) By the President, if the respondent is an elective
official of a province, a highly urbanized or an
independent component city;
(2) By the governor, if the respondent is an elective official
of a component city or municipality; or
(3) By the mayor, if the respondent is an elective official
of the barangay.
(b) Preventive suspension may be imposed at any time
after the issues are joined, when the evidence of guilt is
strong, and given the gravity of the offense, there is great
probability that the continuance in office of the
respondent could influence the witnesses or pose a
threat to the safety and integrity of the records and other
evidence: Provided, That, any single preventive
suspension of local elective officials shall not extend
beyond sixty (60) days: Provided, further, That in the event
that several administrative cases are filed against an
elective official, he cannot be preventively suspended for
more than ninety (90) days within a single year on the
same ground or grounds existing and known at the time
of the first suspension.
(c) Upon expiration of the preventive suspension, the
suspended elective official shall be deemed reinstated in
office without prejudice to the continuation of the
proceedings against him, which shall be terminated
within one hundred twenty (120) days from the time he
was formally notified of the case against him. However,
if the delay in the proceedings of the case is due to his
fault, neglect, or request, other than the appeal duly
filed, the duration of such delay shall not be counted in
computing the time of termination of the case.
(d) Any abuse of the exercise of the power of preventive
suspension shall be penalized as abuse of authority.
Section 64. Salary of Respondent Pending Suspension. -
The respondent official preventively suspended from
office shall receive no salary or compensation during
such suspension; but upon subsequent exoneration and
reinstatement, he shall be paid full salary or
compensation including such emoluments accruing
during such suspension.
Section 65. Rights of Respondent. - The respondent shall
be accorded full opportunity to appear and defend
himself in person or by counsel, to confront and cross-
examine the witnesses against him, and to require the
attendance of witnesses and the production of
documentary process of subpoena or subpoena duces
tecum.
Section 66. Form and Notice of Decision. -
(a) The investigation of the case shall be terminated
within ninety (90) days from the start thereof. Within
thirty (30) days after the end of the investigation, the
Office of the President or the sanggunian concerned shall
render a decision in writing stating clearly and distinctly the
facts and the reasons for such decision. Copies of said
decision shall immediately be furnished the respondent
and all interested parties.
(b) The penalty of suspension shall not exceed the
unexpired term of the respondent or a period of six (6)
months for every administrative offense, nor shall said
penalty be a bar to the candidacy of the respondent so
suspended as long as he meets the qualifications
required for the office.
(c) The penalty of removal from office as a result of an
administrative investigation shall be considered a bar to
the candidacy of the respondent for any elective position.
Section 67. Administrative Appeals. - Decisions in
administrative cases may, within thirty (30) days from
receipt thereof, be appealed to the following:
(a) The sangguniang panlalawigan, in the case of
decisions of the sangguniang panlungsod of component
cities and the sangguniang bayan; and
(b) The Office of the President, in the case of decisions of
the sangguniang panlalawigan and the sangguniang
panlungsod of highly urbanized cities and independent
component cities.
Decisions of the Office of the President shall be final and
executory.
Section 68. Execution Pending Appeal. - An appeal shall
not prevent a decision from becoming final or executory.
The respondent shall be considered as having been
placed under preventive suspension during the
pendency of an appeal in the event he wins such appeal.
In the event the appeal results in an exoneration, he
shall be paid his salary and such other emoluments
during the pendency of the appeal.
CHAPTER V Recall
Section 69. By Whom Exercised. - The power of recall for
loss of confidence shall be exercised by the registered
voters of a local government unit to which the local
independently with the verification and authentication
elective official subject to such recall belongs.
of the signatures of the petitioners and registered voters
Section 70. Initiation of the Recall Process. -
contained therein. Representatives of the petitioners
(a) The Recall of any elective provincial, city, municipal or
and the official sought to be recalled shall be duly
barangay official shall be commenced by a petition of a
notified and shall have the right to participate therein as
registered voter in the local government unit concerned
mere observers. The filing of any challenge or protest
and supported by the registered voters in the local
shall be allowed within the period provided in the
government unit concerned during the election in which
immediately preceding paragraph and shall be ruled
the local official sought to be recalled was elected subject
upon with finality within fifteen (15) days from the date
to the following percentage requirements:
of filing of such protest or challenge;
(1) At least twenty-five percent (25%) in the case of local
(6) Upon the lapse of the aforesaid period, the Comelec or
government units with a voting population of not more
its duly authorized representative shall announce the
than twenty thousand (20,000);
acceptance of candidates to the position and thereafter
prepare the list of candidates which shall include the
(2) At least twenty percent (20%) in the case of local
name of the official sought to be recalled.
government units with a voting population of at least
twenty thousand (20,000) but not more than seventy-
Section 71. Election on Recall. - Upon the filing of a valid
five thousand (75,000): Provided, That in no case shall
petition for recall with the appropriate local office of the
the required petitioners be less than five thousand
Comelec, the Comelec or its duly authorized
(5,000);
representative shall set the date of the election or recall,
which shall not be later than thirty (30) days upon the
(3) At least fifteen percent (15%) in the case of local
completion of the procedure outlined in the preceding
government units with a voting population of at least
article, in the case of the barangay, city or municipal
seventy-five thousand (75,000) but not more than three
officials, and forty-five (45) days in the case of provincial
hundred thousand (300,000): Provided, however, That in
officials. The officials sought to be recalled shall
no case shall the required number of petitioners be less
automatically be considered as duly registered candidate
than fifteen thousand (15,000); and
or candidates to the pertinent positions and, like other
candidates, shall be entitled to be voted upon. (An Act
(4) At least ten percent (10%) in the case of local
Eliminating the Preparatory Recall Assembly as a Mode
government units with a voting population of over three
of Instituting Recall of Elective Local Government
hundred thousand (300,000): Provided, however, That in
Officials, Amending for the Purpose Sections 70 and 71,
no case shall the required petitioners be less than forty-
Chapter 5, Title One, Book I of Republic Act No. 7160,
five thousand (45,000).
Otherwise Known as the "Local Government Code of
1991", and for Other Purposes, Republic Act No. 9244,
(b) The process of recall shall be effected in accordance
[February 19, 2004])
with the following procedure:
Section 72. Effectivity of Recall. - The recall of an elective
local official shall be effective only upon the election and
(1) A written petition for recall duly signed by the
proclamation of a successor in the person of the
representatives of the petitioners before the election
candidate receiving the highest number of votes cast
registrar or his representative, shall be filed with the
during the election on recall. Should the official sought
Comelec through its office in the local government unit
to be recalled receive the highest number of votes,
concerned.
confidence in him is thereby affirmed, and he shall
continue in office.
(2) The petition to recall shall contain the following:
Section 73. Prohibition from Resignation. - The elective
local official sought to be recalled shall not be allowed to
(a) The names and addresses of the petitioners written in
resign while the recall process is in progress.
legible form and their signatures;
Section 74. Limitations on Recall. -
(a) Any elective local official may be the subject of a recall
(b) The barangay, city or municipality, local legislative
election only once during his term of office for loss of
district and the province to which the petitioners belong;
confidence.
(b) No recall shall take place within one (1) year from the
(c) The name of the official sought to be recalled; and
date of the official's assumption to office or one (1) year
immediately preceding a regular local election.
(d) A brief narration of the reasons and justifications
Section 75. Expenses Incident to Recall Elections. - All
therefor.
expenses incident to recall elections shall be borne by
the COMELEC. For this purpose, there shall be included
(3) The Comelec shall, within fifteen (15) days from the
in the annual General Appropriations Act a contingency
filing of the petition, certify to the sufficiency of the
fund at the disposal of the COMELEC for the conduct of
required number of signatures. Failure to obtain the
recall elections.
required number of signatures automatically nullifies the
petition;
TITLE III HUMAN RESOURCES AND
(4) If the petition is found to be sufficient in form, the DEVELOPMENT
Comelec or its duly authorized representative shall, within
three (3) days from the issuance of the certification, Section 76. Organizational Structure and Staffing
provide the official sought to be recalled a copy of the Pattern. - Every local government unit shall design and
petition, cause its publication in a national newspaper of implement its own organizational structure and staffing
general circulation and a newspaper of general pattern taking into consideration its service
circulation in the locality, once a week for three (3) requirements and financial capability, subject to the
consecutive weeks at the expense of the petitioners and minimum standards and guidelines prescribed by the
at the same time post copies thereof in public and Civil Service Commission.
conspicuous places for a period of not less than ten (10) Section 77. Responsibility for Human Resources and
days nor more than twenty (20) days, for the purpose of Development. - The chief executive of every local
allowing interested parties to examine and verify the government unit shall be responsible for human
validity of the petition and the authenticity of the resources and development in his unit and shall take all
signatures contained therein. personnel actions in accordance with the Constitutional
provisions on civil service, pertinent laws, and rules and
(5) The Comelec or its duly authorized representatives regulations thereon, including such policies, guidelines
shall, upon issuance of certification, proceed
and standards as the Civil Service Commission may
(2) The governor, in the case of municipal mayors,
establish: Provided, That the local chief executive may
municipal vice-mayors, city mayors and city vice-mayors
employ emergency or casual employees or laborers paid
of component cities;
on a daily wage or piecework basis and hired through job
(3) The sanggunian concerned, in the case of sanggunian
orders for local projects authorized by the sanggunian
members; and
concerned, without need of approval or attestation by the
(4) The city or municipal mayor, in the case of barangay
Civil Service Commission: Provided, further, That the
officials.
period of employment of emergency or casual laborers as
(b) Copies of the resignation letters of elective local
provided in this Section shall not exceed six (6) months.
officials, together with the action taken by the aforesaid
The Joint Commission on Local Government Personnel
authorities, shall be furnished the Department of the
Administration organized pursuant to Presidential Decree
Interior and Local Government.
Numbered Eleven Hundred thirty-six (P.D. No. 1136) is
(c) The resignation shall be deemed accepted if not
hereby abolished and its personnel, records, equipment
acted upon by the authority concerned within fifteen
and other assets transferred to the appropriate office in
(15) days from receipt thereof.
the Civil Service Commission.
(d) Irrevocable resignations by sanggunian members
Section 78. Civil Service Law, Rules and Regulations, and
shall be deemed accepted upon presentation before an
Other Related Issuances. - All matters pertinent to
open session of the sanggunian concerned and duly
human resources and development in local government
entered in its records: Provided, however, That this
units shall be governed by the civil service law and such
subsection does not apply to sanggunian members who
rules and regulations and other issuances promulgated
are subject to recall elections or to cases where existing
pursuant thereto, unless otherwise specified in this
laws prescribed the manner of acting upon such
Code. Section 79. Limitation to Appointments. - No
resignations.
person shall be appointed in the career service of the
Section 83. Grievance Procedure. - In every local
local government if he is related within the fourth civil
government unit, the local chief executive shall establish
degree of consanguinity or affinity to the appointing or
a procedure to inquire into, act upon, resolve or settle
recommending authority.
complaints and grievances presented by local
Section 80. Public Notice of Vacancy; Personnel
government employees.
Selection Board. -
Section 84. Administrative Discipline. - Investigation and
(a) Whenever a local executive decides to fill a vacant
adjudication of administrative complaints against
career position, there shall be posted notices of the
appointive local officials and employees as well as their
vacancy in at least three (3) conspicuous public places in
suspension and removal shall be in accordance with the
the local government unit concerned for a period of not
civil service law and rules and other pertinent laws. The
less than fifteen (15) days.
results of such administrative investigations shall be
(b) There shall be established in every province, city or
reported to the Civil Service Commission.
municipality a personnel selection board to assist the
Section 85. Preventive Suspension of Appointive Local
local chief executive in the judicious and objective
Officials and Employees. -
selection or personnel for employment as well as for
(a) The local chief executives may preventively suspend
promotion, and in the formulation of such policies as
for a period not exceeding sixty (60) days and
would contribute to employee welfare.
subordinate official or employee under his authority
(c) The personnel selection board shall be headed by the
pending investigation if the charge against such official
local chief executive, and its members shall be
or employee involves dishonesty, oppression or grave
determined by resolution of the sanggunian concerned.
misconduct or neglect in the performance of duty, or if
A representative of the Civil Service Commission, if any,
there is reason to believe that the respondent is guilty of
and the personnel officer of the local government unit
the charges which would warrant his removal from the
concerned shall be ex officio members of the board.
service.
Section 81. Compensation of Local Officials and
(b) Upon expiration of the preventive suspension, the
Employees. - The compensation of local officials and
suspended official or employee shall be automatically
personnel shall be determined by the sanggunian
reinstated in office without prejudice to the continuation
concerned: Provided, That the increase in compensation
of the administrative proceedings against him until its
of elective local officials shall take effect only after the
termination. If the delay in the proceedings of the case is
terms of office of those approving such increase shall
due to the fault, neglect or request of the respondent, the
have expired: Provided, further, That the increase in
time of the delay shall not be counted in computing the
compensation of the appointive officials and employees
period of suspension herein provided.
shall take effect as provided in the ordinance authorizing
Section 86. Administrative Investigation. - In any local
such increase: Provided, however, That said increases
government unit, administrative investigation may be
shall not exceed the limitations on budgetary allocations
conducted by a person or a committee duly authorized
for personal services provided under Title Five, Book II of
by the local chief executive. Said person or committee
this Code: Provided, finally, That such compensation may
shall conduct hearings on the cases brought against
be based upon the pertinent provisions of Republic Act
appointive local officials and employees and submit their
Numbered Sixty-seven fifty-eight (R.A. No 6758),
findings and recommendations to the local chief
otherwise known as the "Compensation and Position
executive concerned within fifteen (15) days from the
Classification Act of 1989".
The punong barangay, the sangguniang barangay conclusion of the hearings. The administrative cases
member, the sangguniang kabataan chairman, the herein mentioned shall be decided within ninety (90)
barangay treasurer, and the barangay secretary shall be days from the time the respondent is formally notified of
entitled to such compensation, allowances, emoluments, the charges.
and such other privileges as provided under Title One Section 87. Disciplinary Jurisdiction. - Except as
Book III of this Code. otherwise provided by law, the local chief executive may
impose the penalty of removal from service, demotion in
Elective local officials shall be entitled to the same leave
privileges as those enjoyed by appointive local officials, rank, suspension for not more than one (1) year without
including the cumulation and commutation thereof. pay, fine in an amount not exceeding six (6) months
Section 82. Resignation of Elective Local Officials. - salary, or reprimand and otherwise discipline subordinate
(a) Resignations by elective local officials shall be officials and employees under his jurisdiction. If the
deemed effective only upon acceptance by the following penalty imposed is suspension without pay for not more
authorities: than thirty (30) days, his decision shall be final. If the
(1) The President, in the case of governors, vice-governors, penalty imposed is heavier than suspension of thirty (30)
and mayors and vice-mayors of highly urbanized cities days, the decision shall be appealable to the Civil Service
and independent component cities; Commission, which shall decide the appeal within thirty
(30) days from receipt thereof.

© Compiled by RGL 60 of
Section 88. Execution Pending Appeal. - An appeal shall
Section 93. Partisan Political Activity. - No local official or
not prevent the execution of a decision of removal or
employee in the career civil service shall engage directly
suspension of a respondent-appellant. In case the
or indirectly in any partisan political activity or take part
respondent-appellant is exonerated, he shall be
in any election, initiative, referendum, plebiscite, or
reinstated to his position with all the rights and privileges
recall, except to vote, nor shall he use his official
appurtenant thereto from the time he had been deprived
authority or influence to cause the performance of any
thereof.
political activity by any person or body. He may,
Section 89. Prohibited Business and Pecuniary Interest. -
however, express his views on current issues, or mention
(a) It shall be unlawful for any local government official or
the names of certain candidates for public office whom
employee, directly or indirectly, to:
he supports. Elective local officials may take part in
(1) Engage in any business transaction with the local
partisan political and electoral activities, but it shall be
government unit in which he is an official or employee or
unlawful for them to solicit contributions from their
over which he has the power of supervision, or with any of
subordinates or subject these subordinates to any of the
its authorized boards, officials, agents, or attorneys,
prohibited acts under the Omnibus Election Code.
whereby money is to be paid, or property or any other
Section 94. Appointment of Elective and Appointive
thing of value is to be transferred, directly or indirectly,
Local Officials; Candidates Who Lost in an Election. - (a)
out of the resources of the local government unit to such
No elective or appointive local official shall be eligible for
person or firm;
appointment or designation in any capacity to any public
(2) Hold such interests in any cockpit or other games
office or position during his tenure.
licensed by a local government unit;
Unless otherwise allowed by law or by the primary
(3) Purchase any real estate or other property forfeited in
functions of his position, no elective or appointive local
favor of such local government unit for unpaid taxes or
official shall hold any other office or employment in the
assessment, or by virtue of a legal process at the instance
government or any subdivision, agency or
of the said local government unit;
instrumentality thereof, including government-owned or
(4) Be a surety for any person contracting or doing
controlled corporations or their subsidiaries.
business with the local government unit for which a
Section 95. Additional or Double Compensation. - No
surety is required; and
elective or appointive local official or employee shall
(5) Possess or use any public property of the local
receive additional, double, or indirect compensation,
government unit for private purposes.
unless specifically authorized by law, nor accept without
(b) All other prohibitions governing the conduct of
the consent of Congress, any present, emoluments, office,
national public officers relating to prohibited business
or title of any kind from any foreign government.
and pecuniary interest so provided for under Republic Act
Pensions or gratuities shall not be considered as
Numbered Sixty-seven thirteen (R.A. No. 6713) otherwise
additional, double, or indirect compensation.
known as the "Code of Conduct and Ethical Standards for
Section 96. Permission to Leave Station. -
Public Officials and Employees" and other laws shall also
(a) Provincial, city, municipal, and barangay appointive
be applicable to local government officials and
officials going on official travel shall apply and secure
employees.
written permission from their respective local chief
Section 90. Practice of Profession. -
executives before departure. The application shall
(a) All governors, city and municipal mayors are
specify the reasons for such travel, and the permission
prohibited from practicing their profession or engaging
shall be given or withheld based on considerations of
in any occupation other than the exercise of their
public interest, financial capability of the local
functions as local chief executives.
government unit concerned and urgency of the travel.
(b) Sanggunian members may practice their professions,
Should the local chief executive concerned fall to act
engage in any occupation, or teach in schools except
upon such application within four (4) working days from
during session hours: Provided, That sanggunian
receipt thereof, it shall be deemed approved.
members who are also members of the Bar shall not:
(b) Mayors of component cities and municipalities shall
(1) Appear as counsel before any court in any civil case
secure the permission of the governor concerned for any
wherein a local government unit or any office, agency, or
travel outside the province.
instrumentality of the government is the adverse party;
(c) Local government officials traveling abroad shall
(2) Appear as counsel in any criminal case wherein an
notify their respective sanggunian: Provided, That when
officer or employee of the national or local government
the period of travel extends to more than three (3)
is accused of an offense committed in relation to his
months, during periods of emergency or crisis or when
office.
the travel involves the use of public funds, permission
(3) Collect any fee for their appearance in administrative
from the Office of the President shall be secured.
proceedings involving the local government unit of which
(d) Field officers of national agencies or offices assigned
he is an official; and
in provinces, cities, and municipalities shall not leave
(4) Use property and personnel of the government except
their official stations without giving prior written notice
when the sanggunian member concerned is defending
to the local chief executive concerned. Such notice shall
the interest of the government.
state the duration of travel and the name of the officer
(c) Doctors of medicine may practice their profession
whom he shall designate to act for and in his behalf
even during official hours of work only on occasions of
during his absence.
emergency: Provided, That the officials concerned do not
Section 97. Annual Report. - On or before March 31 of
derive monetary compensation therefrom.
each year, every local chief executive shall submit an
Section 91. Statement of Assets and Liabilities. - (a)
annual report to the sanggunian concerned on the socio-
Officials and employees of local government units shall
economic, political and peace and order conditions, and
file sworn statements of assets, liabilities and net worth,
other matters concerning the local government unit, which
lists of relatives within the fourth civil degree of
shall cover the immediately preceding calendar year. A
consanguinity or affinity in government service, financial
copy of the report shall be forwarded to the Department of
and business interests, and personnel data sheets as
the Interior and Local Government. Component cities and
required by law.
municipalities shall likewise provide the sangguniang
Section 92. Oath of Office. - (a) All elective and appointive
panlalawigan copies of their respective annual reports.
local officials and employees shall, upon assumption to
office, subscribe to an oath or affirmation of office in the
prescribed form. The oath or affirmation of office shall be TITLE IV LOCAL SCHOOL BOARDS
filed with the office of the local chief executive
concerned. A copy of the oath or affirmation of office of Section 98. Creation, Composition, and Compensation. -
all elective and appointive local officials and employees (a) There shall be established in every province, city, or
shall be preserved in the individual personal records file municipality a provincial, city, or municipal school board,
under the custody of the personnel office, division, or respectively.
section of the local government unit concerned.
(b) The composition of local school boards shall be as
follows:
(1) The provincial school board shall be composed of the
governor and the division superintendent of schools as
co-chairman; the chairman of the education committee
of the sangguniang panlalawigan, the provincial
treasurer, the representative of the "pederasyon ng mga
sangguniang kabataan" in the sangguniang
panlalawigan, the duly elected president of the
provincial federation of parents-teachers associations,
the duly elected representative of the teachers'
organizations in the province, and the duly elected
representative of the non-academic personnel of public
schools in the province, as members;
(2) The city school board shall be composed of the city
mayor and the city superintendent of schools as co-
chairmen; the chairman of the education committee of
the sangguniang panlungsod, the city treasurer, the
representative of the "pederasyon ng mga sangguniang
kabataan" in the sangguniang panlungsod, the duly
elected president of the city federation of parents-
teachers associations, the duly elected representative of
the teachers' organizations in the city, and the duly
elected representative of the non-academic personnel of
public schools in the city, as members; and
(3) The municipal school board shall be composed of the
municipal mayor and the district supervisor of schools as
co-chairmen; the chairman of the education committee
of the sangguniang bayan, the municipal treasurer, the
representative of the "pederasyon ng mga sangguniang
kabataan" in the sangguniang bayan, the duly elected
president of the municipal federation of parent-teacher
associations, the duly elected representative of the
teachers' organizations in the municipality, and the duly
elected representative of the non-academic personnel of
public schools in the municipality, as members.
(c) In the event that a province or city has two (2) or more
school superintendents, and in the event that a
municipality has two (2) or more district supervisors, the
co-chairman of the local school board shall be
determined as follows:
(1) The Department of Education, Culture and Sports
shall designate the co-chairman for the provincial and
city school boards; and
(2) The division superintendent of schools shall designate
the district supervisor who shall serve as co-chairman of
the municipal school board.
(d) The performance of the duties and responsibilities of
the abovementioned officials in their respective local
school boards shall not be delegated.
Section 99. Functions of Local School Boards. - The
provincial, city or municipal school board shall:
(a) Determine, in accordance with the criteria set by the
Department of Education, Culture and Sports, the annual
supplementary budgetary needs for the operation and
maintenance of public schools within the province, city,
or municipality, as the case may be, and the
supplementary local cost of meeting such as needs,
which shall be reflected in the form of an annual school
board budget corresponding to its share of the proceeds
of the special levy on real property constituting the
Special Education Fund and such other sources of
revenue as this Code and other laws or ordinances may
provide;
(b) Authorize the provincial, city or municipal treasurer, as
the case may be, to disburse funds from the Special
Education Fund pursuant to the budget prepared and in
accordance with existing rules and regulations;
(c) Serve as an advisory committee to the sanggunian
concerned on educational matters such as, but not limited
to, the necessity for and the uses of local appropriations for
educational purposes; and
(d) Recommend changes in the names of public schools
within the territorial jurisdiction of the local government
unit for enactment by the sanggunian concerned.
The Department of Education, Culture and Sports shall
consult the local school board on the appointment of
division superintendents, district supervisors, school
principals, and other school officials.
Section 100. Meetings and Quorum; Budget. -
(a) The local school board shall meet at least once a
month or as often as may be necessary.
(b) Any of the co-chairmen may call a meeting. A majority
of all its members shall constitute a quorum. However,
when both co-chairmen are present in a meeting, the
local chief executive concerned, as a matter of protocol,
shall be given preference to preside over the meeting.
The division superintendent, city superintendent or
district supervisor, as the case may be, shall prepare the
budget of the school board concerned. Such budget shall
be supported by programs, projects, and activities of the
school board for the ensuing fiscal year. The affirmative
vote of the majority of all the members shall be necessary
to approve the budget.
(c) The annual school board budget shall give priority to
the following:
(1) Construction, repair, and maintenance of school
buildings and other facilities of public elementary and
secondary schools;
(2) Establishment and maintenance of extension classes
where necessary; and
(3) Sports activities at the division, district, municipal, and
barangay levels.
Section 101. Compensation and Remuneration. - The co-
chairmen and members of the provincial, city or
municipal school board shall perform their duties as such
without compensation or remuneration. Members
thereof who are not government officials or employees
shall be entitled to necessary traveling expenses and
allowances chargeable against the funds of the local
school board concerned, subject to existing accounting
and auditing rules and regulations.
TITLE V LOCAL HEALTH BOARDS
Section 102. Creation and Composition. -
(a) There shall be established a local health board in every
province, city, or municipality. The composition of the
local health boards shall be as follows:
(1) The provincial health board shall be headed by the
governor as chairman, the provincial health officer as
vice-chairman, and the chairman of the committee on
health of the sangguniang panlalawigan, a
representative from the private sector or non-
governmental organizations involved in health services,
and a representative of the Department of Health in the
province, as members;
(2) The city health board shall be headed by the city
mayor as chairman, the city health officer as vice-
chairman, and the chairman of the committee on health
of the sangguniang panlungsod, a representative from
the private sector or non-governmental organizations
involved in health services, and a representative of the
Department of Health in the city, as members; and
(3) The municipal health board shall be headed by the
municipal mayor as chairman, the municipal health
officer as vice-chairman, and the chairman of the
committee on health of the sangguniang bayan, a
representative from the private sector or non-
governmental organizations involved in health services,
and a representative of the Department of Health in the
municipality, as members.
(b) The functions of the local health board shall be:
(1) To propose to the sanggunian concerned, in
accordance with standards and criteria set by the
Department of Health, annual budgetary allocations for the
operation and maintenance of health facilities and services
within the municipality, city or province, as the case may
be;
(2) To serve as an advisory committee to the sanggunian
concerned on health matters such as, but not limited to,
the necessity for, and application of local appropriations
for public health purposes; and
(3) Consistent with the technical and administrative
standards of the Department of Health, create
committees which shall advise local health agencies on
matters such as, but not limited to, personnel selection
and promotion, bids and awards, grievance and
complaints, personnel discipline, budget review,
operations review and similar functions.
Section 103. Meetings and Quorum. -
(a) The board shall meet at least once a month or as may
be necessary.
(b) A majority of the members of the board shall
constitute a quorum, but the chairman or the vice-
chairman must be present during meetings where
budgetary proposals are being prepared or considered.
The affirmative vote of all the majority of the members
shall be necessary to approve such proposals.
Section 104. Compensation and Remuneration. - The
chairman, vice-chairman, and members of the provincial,
city or municipal health board shall perform their duties
as such without compensation or remuneration.
Members thereof who are not government officials or
employees shall be entitled to necessary traveling
expenses and allowances chargeable against the funds of
the local health board concerned, subject to existing
accounting and auditing rules and regulations.
Section 105. Direct National Supervision and Control by
the Secretary of Health. - In cases of epidemics,
pestilence, and other widespread public health dangers,
the Secretary of Health may, upon the direction of the
President and in consultation with the local government
unit concerned, temporarily assume direct supervision
and control over health operations in any local
government unit for the duration of the emergency, but
in no case exceeding a cumulative period of six (6)
months. With the concurrence of the government unit
concerned, the period for such direct national control
and supervision may be further extended.
TITLE VI LOCAL DEVELOPMENT COUNCILS
Section 106. Local Development Councils. - (a) Each local
government unit shall have a comprehensive multi-
sectoral development plan to be initiated by its
development council and approved by its sanggunian.
For this purpose, the development council at the
provincial, city, municipal, or barangay level, shall assist
the corresponding sanggunian in setting the direction of
economic and social development, and coordinating
development efforts within its territorial jurisdiction.
Section 107. Composition of Local Development Councils.
- The composition of the local development council shall
be as follows:
(1) Members of the sangguniang barangay;
(2) Representatives of non-governmental organizations
operating in the barangay who shall constitute not less
than one fourth (¼) of the members of the fully
organized council;
(3) A representative of the congressman.
(b) The city or municipal development council shall be
headed by the mayor and shall be composed of the
following members:
(1) All punong barangays in the city or municipality;
(2) The chairman of the committee on appropriations of
the sangguniang panlungsod or sangguniang bayan
concerned;
(3) The congressman or his representative; and
(4) Representatives of non-governmental organizations
operating in the city or municipality, as the case may be,
who shall constitute not less than one-fourth (¼) of the
members of the fully organized council.
(c) The provincial development council shall be headed
by the governor and shall be composed of the following
members:
(1) All mayors of component cities and municipalities;
(2) The chairman of the committee on appropriations of
the sangguniang panlalawigan;
(3) The congressman or his representative; and
(4) Representatives of non-governmental organizations
operating in the province, who shall constitute not less
than one-fourth (¼) of the members of the fully
organized council.
(d) The local development councils may call upon any
local official concerned or any official of national
agencies or offices in the local government unit to
assist in the
formulation of their respective development plans and
public investment programs.
Section 108. Representation of Non-governmental
Organizations. - Within a period of sixty (60) days from
the start of organization of local development councils,
the non-governmental organizations shall choose from
among themselves their representatives to said councils.
The local sanggunian concerned shall accredit non-
governmental organizations subject to such criteria as
may be provided by law.
Section 109. Functions of Local Development Councils. -
(a) The provincial, city, and municipal development
councils shall exercise the following functions:
(1) Formulate long-term, medium-term, and annual
socio-economic development plans and policies;
(2) Formulate the medium-term and annual public
investment programs;
(3) Appraise and prioritize socio-economic development
programs and projects;
(4) Formulate local investment incentives to promote
the inflow and direction of private investment capital;
(5) Coordinate, monitor, and evaluate the
implementation of development programs and projects;
and
(6) Perform such other functions as may be provided by
law or component authority.
(b) The barangay development council shall exercise the
following functions:
(1) Mobilize people's participation in local development
efforts;
(2) Prepare barangay development plans based on local
requirements;
(3) Monitor and evaluate the implementation of national
or local programs and projects; and
(4) Perform such other functions as may be provided by
law or competent authority.
Section 110. Meetings and Quorum. - The local
development council shall meet at least once every six
(6) months or as often as may be necessary.
Section 111. Executive Committee. - The local
development council shall create an executive
committee to represent it and act in its behalf when it is
not in session. The composition of the executive
committee shall be as follows:
(1) The executive committee of the provincial
development council shall be composed of the governor
as chairman, the representative of component city and
municipal mayors to be chosen from among themselves,
the chairman of the committee on appropriations of the
sangguniang panlalawigan, the president of the
provincial league of barangays, and a representative of
non-governmental organizations that are represented in
the council, as members;
(2) The executive committee of the city or municipal
development council shall be composed of the mayor as
chairman, the chairman of the committee on
appropriations of the sangguniang panlalawigan, the
president of the city or municipal league of barangays,
and a representative of non-governmental organizations
that are represented in the council, as members; and
(3) The executive committee of the barangay
development council shall be composed of the punong
barangay as chairman, a representative of the
sangguniang barangay to be chosen from among its
members, and a representative of non-governmental
organizations that are represented in the council, as
members.
(b) The executive committee shall exercise the following
powers and functions:
(1) Ensure that the decision of the council are faithfully
carried out and implemented;
(2) Act on matters requiring immediate attention or
action by the council;
(3) Formulate policies, plans, and programs based on the
general principles laid down by the council; and
(4) Act on other matters that may be authorized by the
council.
Section 112. Sectoral or Functional Committees. - The
local development councils may form sectoral or
functional committees to assist them in the performance
of their functions.
Section 113. Secretariat. - There is hereby constituted for
each local development council a secretariat which shall
be responsible for providing technical support,
documentation of proceedings, preparation of reports
and such other assistance as may be required in the
discharge of its functions. The local development council
may avail of the services of any non-governmental
organization or educational or research institution for this
purpose.
The secretariats of the provincial, city, and municipal
development councils shall be headed by their
respective planning and development coordinators. The
secretariat of the barangay development council shall be
headed by the barangay secretary who shall be assisted
by the city or municipal planning and development
coordinator concerned.
Section 114. Relation of Local Development Councils to
the Sanggunian and the Regional Development Council.
-
(a) The policies, programs, and projects proposed by
local development councils shall be submitted to the
sanggunian concerned for appropriate action.
(b) The approved development plans of provinces,
highly-urbanized cities, and independent component
cities shall be submitted to the regional development
council, which shall be integrated into the regional
development plan for submission to the National
Economic and Development Authority, in accordance
with existing laws.
Section 115. Budget Information. - The Department of
Budget and Management shall furnish the various local
development councils information on financial resources
and budgetary allocations applicable to their respective
jurisdictions to guide them in their planning functions.
TITLE VII LOCAL PEACE AND ORDER
COUNCIL
Section 116. Organization. - There is hereby established
in every province, city and municipality a local peace and
order council, pursuant to Executive Order Numbered
Three hundred nine (E.O. No. 309), as amended, Series
of 1988. The local peace and order councils shall have
the same composition and functions as those prescribed
by said executive order.
TITLE VIII AUTONOMOUS SPECIAL
ECONOMIC ZONES
Section 117. Establishment of Autonomous Special
Economic Zones. - The establishment by law of
autonomous special economic zones in selected areas of
the country shall be subject to concurrence by the local
government units included therein.
TITLE IX OTHER PROVISIONS APPLICABLE TO
LOCAL GOVERNMENT UNITS
CHAPTER I Settlement of Boundary Disputes
Section 118. Jurisdictional Responsibility for Settlement
of Boundary Dispute. - Boundary disputes between and
among local government units shall, as much as possible,
be settled amicably. To this end:
(a) Boundary disputes involving two (2) or more
barangays in the same city or municipality shall be
referred for settlement to the sangguniang panlungsod
or sangguniang bayan concerned.
(b) Boundary disputes involving two (2) or more
municipalities within the same province shall be referred
for settlement to the sangguniang panlalawigan
concerned.
(c) Boundary disputes involving municipalities or
component cities of different provinces shall be jointly
referred for settlement to the sanggunians of the
province concerned.
(d) Boundary disputes involving a component city or
municipality on the one hand and a highly urbanized city
on the other, or two (2) or more highly urbanized cities,
shall be jointly referred for settlement to the respective
sanggunians of the parties.
(e) In the event the sanggunian fails to effect an
amicable settlement within sixty (60) days from the date
the dispute was referred thereto, it shall issue a
certification to that effect. Thereafter, the dispute shall
be formally tried by the sanggunian concerned which
shall decide the issue within sixty (60) days from the
date of the certification referred to above.
Section 119. Appeal. - Within the time and manner
prescribed by the Rules of Court, any party may elevate
the decision of the sanggunian concerned to the proper
Regional Trial Court having jurisdiction over the area in
dispute. The Regional Trial Court shall decide the appeal
within one (1) year from the filing thereof. Pending final
resolution of the disputed area prior to the dispute shall
be maintained and continued for all legal purposes.
CHAPTER II Local Initiative and Referendum
Section 120. Local Initiative Defined. - Local initiative is
the legal process whereby the registered voters of a
local government unit may directly propose, enact, or
amend any ordinance.
Section 121. Who May Exercise. - The power of local
initiative and referendum may be exercised by all
registered voters of the provinces, cities, municipalities,
and barangays.
Section 122. Procedure in Local Initiative. -
(a) Not less than one thousand (1,000) registered voters in
case of provinces and cities, one hundred (100) in case of
municipalities, and fifty (50) in case of barangays, may file
a petition with the sanggunian concerned proposing the
adoption, enactment, repeal, or amendment of an
ordinance.
(b) If no favorable action thereon is taken by the
sanggunian concerned within thirty (30) days from its
presentation, the proponents, through their duly
authorized and registered representatives, may invoke
their power of initiative, giving notice thereof to the
sanggunian concerned.
(c) The proposition shall be numbered serially starting
from Roman numeral I. The COMELEC or its designated
representative shall extend assistance in the formulation
of the proposition.
(d) Two (2) or more propositions may be submitted in an
initiative.
(e) Proponents shall have ninety (90) days in case of
provinces and cities, sixty (60) days in case of
municipalities, and thirty (30) days in case of barangays,
from notice mentioned in subsection (b) hereof to collect
the required number of signatures. (f) The petition shall
be signed before the election registrar. or his designated
representatives, in the presence of a representative of the
proponent, and a representative of the sanggunian
concerned in a public place in the local government unit,
as the case may be. Stations for collecting signatures may
be established in as many places as may be warranted.
(g) Upon the lapse of the period herein provided, the
COMELEC, through its office in the local government unit
concerned, shall certify as to whether or not the required
number of signatures has been obtained. Failure to
obtain the required number defeats the proposition.
(h) If the required number of signatures is obtained, the
COMELEC shall then set a date for the initiative during
which the proposition shall be submitted to the
registered voters in the local government unit concerned
for their approval within sixty (60) days from the date of
certification by the COMELEC, as provided in subsection
(g) hereof, in case of provinces and cities, forty-five (45)
days in case of municipalities, and thirty (30) days in case
of barangays. The initiative shall then be held on the date
set, after which the results thereof shall be certified and
proclaimed by the COMELEC.
Section 123. Effectivity of Local Propositions. - If the
proposition is approved by a majority of the votes cast, it
shall take effect fifteen (15) days after certification by the
COMELEC as if affirmative action thereon had been made
by the sanggunian and local chief executive concerned. If
it fails to obtain said number of votes, the proposition is
considered defeated.
Section 124. Limitations on Local Initiative. -
(a) The power of local initiative shall not be exercised
more than once a year.
(b) Initiative shall extend only to subjects or matters
which are within the legal powers of the sanggunian to
enact.
(c) If at any time before the initiative is held, the
sanggunian concerned adopts in toto the proposition
presented and the local chief executive approves the
same, the initiative shall be cancelled. However, those
against such action may, if they so desire, apply for
initiative in the manner herein provided.
Section 125. Limitations upon Sanggunians. - Any
proposition or ordinance approved through the system of
initiative and referendum as herein provided shall not be
repealed, modified or amended by the sanggunian
concerned within six (6) months from the date of the
approval thereof, and may be amended, modified or
repealed by the sanggunian within three (3) years
thereafter by a vote of three-fourths (3/4) of all its
members: Provided, That in case of barangays, the period
shall be eighteen (18) months after the approval thereof.
Section 126. Local Referendum Defined. - Local
referendum is the legal process whereby the registered
voters of the local government units may approve, amend
or reject any ordinance enacted by the sanggunian.
The local referendum shall be held under the control and
direction of the COMELEC within sixty (60) days in case
of provinces and cities, forty-five (45) days in case of
municipalities and thirty (30) days in case of barangays.
The COMELEC shall certify and proclaim the results of the
said referendum.
Section 127. Authority of Courts. - Nothing in this
Chapter shall prevent or preclude the proper courts
from declaring null and void any proposition approved
pursuant to this Chapter for violation of the Constitution
or want of capacity of the sanggunian concerned to
enact the said measure.
BOOK II LOCAL TAXATION AND FISCAL
MATTERS
TITLE I LOCAL GOVERNMENT TAXATION
CHAPTER I General Provisions
Section 128. Scope. - The provisions herein shall govern
the exercise by provinces, cities, municipalities, and
barangays of their taxing and other revenue-raising
powers.
Section 129. Power to Create Sources of Revenue. - Each
local government unit shall exercise its power to create its
own sources of revenue and to levy taxes, fees, and
charges subject to the provisions herein, consistent with
the basic policy of local autonomy. Such taxes, fees, and
charges shall accrue exclusively to the local government
units.
Section 130. Fundamental Principles. - The following
fundamental principles shall govern the exercise of the
taxing and other revenue-raising powers of local
government units:
(a) Taxation shall be uniform in each local government
unit;
(b) Taxes, fees, charges and other impositions shall:
(1) be equitable and based as far as practicable on the
taxpayer's ability to pay;
(2) be levied and collected only for public purposes;
(3) not be unjust, excessive, oppressive, or confiscatory;
(4) not be contrary to law, public policy, national
economic policy, or in the restraint of trade;
(c) The collection of local taxes, fees, charges and other
impositions shall in no case be let to any private person;
(d) The revenue collected pursuant to the provisions of
this Code shall inure solely to the benefit of, and be
subject to the disposition by, the local government unit
levying the tax, fee, charge or other imposition unless
otherwise specifically provided herein; and,
(e) Each local government unit shall, as far as practicable,
evolve a progressive system of taxation.
Section 131. Definition of Terms. - When used in this Title,
the term:
(a) "Agricultural Product" includes the yield of the soil,
such as corn, rice, wheat, rye, hay. coconuts, sugarcane,
tobacco, root crops, vegetables, fruits, flowers, and their
by-products; ordinary salt; all kinds of fish; poultry; and
livestock and animal products, whether in their original
form or not.
The phrase "whether in their original form or not" refers to
the transformation of said products by the farmer,
fisherman, producer or owner through the application of
processes to preserve or otherwise to prepare said
products for market such as freezing, drying, salting,
smoking, or stripping for purposes of preserving or
otherwise preparing said products for market;
(b) "Amusement" is a pleasurable diversion and
entertainment. It is synonymous to relaxation, avocation,
pastime, or fun;
(c) "Amusement Places" include theaters, cinemas,
concert halls, circuses and other places of amusement
where one seeks admission to entertain oneself by seeing
or viewing the show or performances;
(d) "Business" means trade or commercial activity
regularly engaged in as a means of livelihood or with a
view to profit;
(e) "Banks and other financial institutions" include non-
bank financial intermediaries, lending investors, finance
and investment companies, pawnshops, money shops,
insurance companies, stock markets, stock brokers and
dealers in securities and foreign exchange, as defined
under applicable laws, or rules and regulations thereunder;
(f) "Capital Investment" is the capital which a person
employs in any undertaking, or which he contributes to
the capital of a partnership, corporation, or any other
juridical entity or association in a particular taxing
jurisdiction;
(g) "Charges" refers to pecuniary liability, as rents or fees
against persons or property;
(h) "Contractor" includes persons, natural or juridical, not
subject to professional tax under Section 139 of this Code,
whose activity consists essentially of the sale of all kinds
of services for a fee, regardless of whether or not the
performance of the service calls for the exercise or use of
the physical or mental faculties of such contractor or his
employees.
As used in this Section, the term "contractor" shall include
general engineering, general building and specialty
contractors as defined under applicable laws; filling,
demolition and salvage works contractors; proprietors or
operators of mine drilling apparatus; proprietors or
operators of dockyards; persons engaged in the
installation of water system, and gas or electric light, heat,
or power; proprietors or operators of smelting plants,
engraving, plating, and plastic lamination establishments;
proprietors or operators of establishments for repairing,
repainting, upholstering, washing or greasing of vehicles,
heavy equipment, vulcanizing, recapping and battery
charging; proprietors or operators of furniture shops and
establishments for planing or surfacing and recutting of
lumber, and sawmills under contract to saw or cut logs
belonging to others; proprietors or operators of dry
cleaning or dyeing establishments, steam laundries, and
laundries using washing machines; proprietors or owners
of shops for the repair of any kind of mechanical and
electrical devices, instruments, apparatus, or furniture
and shoe repairing by machine or any mechanical
contrivance; proprietors or operators of establishments or
lots for parking purposes; proprietors or operators of tailor
shops, dress shops, milliners and hatters, beauty parlors,
barbershops, massage clinics, sauna, Turkish and Swedish
baths, slenderizing and building salons and similar
establishments; photographic studios; funeral parlors;
proprietors or operators of hotels, motels, and lodging
houses; proprietors or operators of arrastre and
stevedoring, warehousing, or forwarding establishments;
master plumbers, smiths, and house or sign painters;
printers, bookbinders, lithographers; publishers except
those engaged in the publication or printing of any
newspaper, magazine, review or bulletin which appears
at regular intervals with fixed prices for subscription and
sale and which is not devoted principally to the
publication and advertisements; business agents, private
detective or watchman agencies, commercial and
immigration brokers, and cinematographic film owners,
lessors and distributors.
(i) "Corporation" includes partnerships, no matter how
created or organized, joint-stock companies, joint
accounts (cuentas en participacion), associations or
insurance companies but does not include general
professional partnerships and a joint venture or
consortium formed for the purpose of undertaking
construction projects or engaging in petroleum, coal,
geothermal, and other energy operations pursuant to an
operating or consortium agreement under a service
contract with the government. General professional
partnership are partnerships formed by persons for the
sole purpose of exercising their common profession, no
part of the income of which is derived from engaging in
any trade or business.
The term "resident foreign" when applied to a corporation
means a foreign corporation not otherwise organized
under the laws of the Philippines but engaged in trade or
business within the Philippines;
(j) "Countryside and Barangay Business Enterprise" refers
to any business entity, association, or cooperative
registered under the provisions of Republic Act
Numbered Sixty-eight hundred ten (R.A. No. 6810),
otherwise known as "Magna Carta For Countryside And
Barangay Business Enterprises (Kalakalan 20)";
(k) "Dealer" means one whose business is to buy and sell
merchandise, goods, and chattels as a merchant. He
stands immediately between the producer or
manufacturer and the consumer and depends for his
profit not upon the labor he bestows upon his
commodities but upon the skill and foresight with which
he watches the market;
(l) "Fee" means a charge fixed by law or ordinance for
the regulation or inspection of a business or activity;
(m) "Franchise" is a right or privilege, affected with
public interest which is conferred upon private persons
or corporations, under such terms and conditions as the
government and its political subdivisions may impose in
the interest of public welfare, security, and safety;
(n) "Gross Sales or Receipts" include the total amount of
money or its equivalent representing the contract price,
compensation or service fee, including the amount
charged or materials supplied with the services and
deposits or advance payments actually or constructively
received during the taxable quarter for the services
performed or to be performed for another person
excluding discounts if determinable at the time of sales,
sales return, excise tax, and value-added tax (VAT);
(o) "Manufacturer" includes every person who, by
physical or chemical process, alters the exterior texture
or form or inner substance of any raw material or
manufactured or partially manufactured product in such
manner as to have been put in its original condition, or
who by any such process alters the quality of any such
raw material or manufactured or partially manufactured
products so as to reduce it to marketable shape or
prepare it for any of the use of industry, or who by any
such process combines any such raw material or
manufactured or partially manufactured products with
other materials or products of the same or of different
kinds and in such manner that the finished products of
such process or manufacture can
be put to a special use or uses to which such raw material
or manufactured or partially manufactured products in
their original condition could not have been put, and who
in addition alters such raw material or manufactured or
partially manufactured products, or combines the same
to produce such finished products for the purpose of
their sale or distribution to others and not for his own use
or consumption;
(p) "Marginal Farmer or Fisherman" refers to an
individual engaged in subsistence farming or fishing
which shall be limited to the sale, barter or exchange of
agricultural or marine products produced by himself and
his immediate family;
(q) "Motor Vehicle" means any vehicle propelled by any
power other than muscular power using the public roads,
but excluding road rollers, trolley cars, street-sweepers,
sprinklers, lawn mowers, bulldozers, graders, fork-lifts,
amphibian trucks, and cranes if not used on public roads,
vehicles which run only on rails or tracks, and tractors,
trailers, and traction engines of all kinds used exclusively
for agricultural purposes;
(r) "Municipal Waters" includes not only streams, lakes,
and tidal waters within the municipality, not being the
subject of private ownership and not comprised within
the national parks, public forest, timber lands, forest
reserves or fishery reserves, but also marine waters
included between two lines drawn perpendicularly to
the general coastline from points where the boundary
lines of the municipality or city touch the sea at low tide
and a third line parallel with the general coastline and
fifteen
(15) kilometers from it. Where two (2) municipalities are so
situated on the opposite shores that there is less than
fifteen (15) kilometers of marine waters between them,
the third line shall be equally distant from opposite
shores of their respective municipalities;
(s) "Operator" includes the owner, manager,
administrator, or any other person who operates or is
responsible for the operation of a business establishment
or undertaking;
(t) "Peddler" means any person who, either for himself or
on commission, travels from place to place and sells his
goods or offers to sell and deliver the same. Whether a
peddler is a wholesale peddler or a retail peddler of a
particular commodity shall be determined from the
definition of wholesale dealer or retail dealer as provided
in this Title;
(u) "Persons" means every natural or juridical being,
susceptible of rights and obligations or of being the
subject of legal relations;
(v) "Residents" refer to natural persons who have their
habitual residence in the province, city, or municipality
where they exercise their civil rights and fulfill their civil
obligations, and to juridical persons for which the law or
any other provisions creating or recognizing them fixes
their residence in a particular province, city, or
municipality. In the absence of such law, juridical persons
are residents of the province, city, or municipality where
they have their legal residence or principal place of
business or where they conduct their principal business
or occupation;
(w) "Retail" means a sale where the purchaser buys the
commodity for his own consumption, irrespective of the
quantity of the commodity sold;
(x) "Vessel" includes every type of boat, craft, or other
artificial contrivance used, or capable of being used, as a
means of transportation on water;
(y) "Wharfage" means a fee assessed against the cargo
of a vessel engaged in foreign or domestic trade based
on quantity, weight, or measure received and/or
discharged by vessel; and
(z) "Wholesale" means a sale where the purchaser buys or
imports the commodities for resale to persons other than
the end user regardless of the quantity of the transaction.
Section 132. Local Taxing Authority. - The power to
impose a tax, fee, or charge or to generate revenue under
this Code shall be exercised by the sanggunian of the
local government unit concerned through an appropriate
ordinance.
Section 133. Common Limitations on the Taxing Powers
of Local Government Units. - Unless otherwise provided
herein, the exercise of the taxing powers of provinces,
cities, municipalities, and barangays shall not extend to
the levy of the following:
(a) Income tax, except when levied on banks and other
financial institutions;
(b) Documentary stamp tax;
(c) Taxes on estates, inheritance, gifts, legacies and other
acquisitions mortis causa, except as otherwise provided
herein;
(d) Customs duties, registration fees of vessel and
wharfage on wharves, tonnage dues, and all other kinds
of customs fees, charges and dues except wharfage on
wharves constructed and maintained by the local
government unit concerned;
(e) Taxes, fees, and charges and other impositions upon
goods carried into or out of, or passing through, the
territorial jurisdictions of local government units in the
guise of charges for wharfage, tolls for bridges or
otherwise, or other taxes, fees, or charges in any form
whatsoever upon such goods or merchandise;
(f) Taxes, fees or charges on agricultural and aquatic
products when sold by marginal farmers or fishermen;
(g) Taxes on business enterprises certified to by the Board
of Investments as pioneer or non-pioneer for a period of
six (6) and four (4) years, respectively from the date of
registration;
(h) Excise taxes on articles enumerated under the
national Internal Revenue Code, as amended, and taxes,
fees or charges on petroleum products;
(i) Percentage or value-added tax (VAT) on sales, barters
or exchanges or similar transactions on goods or services
except as otherwise provided herein;
(j) Taxes on the gross receipts of transportation
contractors and persons engaged in the transportation of
passengers or freight by hire and common carriers by air,
land or water, except as provided in this Code;
(k) Taxes on premiums paid by way or reinsurance or
retrocession;
(l) Taxes, fees or charges for the registration of motor
vehicles and for the issuance of all kinds of licenses or
permits for the driving thereof, except tricycles;
(m) Taxes, fees, or other charges on Philippine products
actually exported, except as otherwise provided herein;
(n) Taxes, fees, or charges, on Countryside and Barangay
Business Enterprises and cooperatives duly registered
under R.A. No. 6810 and Republic Act Numbered Sixty-
nine hundred thirty-eight (R.A. No. 6938) otherwise known
as the "Cooperative Code of the Philippines" respectively;
and
(o) Taxes, fees or charges of any kind on the National
Government, its agencies and instrumentalities, and local
government units.
CHAPTER II Specific Provisions on the Taxing and
Other Revenue-Raising Powers of Local
Government Units
ARTICLE I Provinces
Section 134. Scope of Taxing Powers. - Except as
otherwise provided in this Code, the province may levy
only the taxes, fees, and charges as provided in this
Article.
Section 135. Tax on Transfer of Real Property Ownership.
(a) The province may impose a tax on the sale , donation,
barter, or on any other mode of transferring ownership
or title of real property at the rate of not more than fifty
percent (50%) of the one percent (1%) of the total
consideration involved in the acquisition of the property
or of the fair market value in case the monetary
consideration involved in the transfer is not substantial,
whichever is higher. The sale, transfer or other
disposition of real property pursuant to R.A. No. 6657
shall be exempt from this tax.
(b) For this purpose, the Register of Deeds of the
province concerned shall, before registering any deed,
require the
presentation of the evidence of payment of this tax. The
provincial assessor shall likewise make the same
requirement before cancelling an old tax declaration and
issuing a new one in place thereof, Notaries public shall
furnish the provincial treasurer with a copy of any deed
transferring ownership or title to any real property within
thirty (30) days from the date of notarization.
It shall be the duty of the seller, donor, transferor,
executor or administrator to pay the tax herein imposed
within sixty (60) days from the date of the execution of
the deed or from the date of the decedent's death.
Section 136. Tax on Business of Printing and Publication.
- The province may impose a tax on the business of
persons engaged in the printing and/or publication of
books, cards, posters, leaflets, handbills, certificates,
receipts, pamphlets, and others of similar nature, at a
rate not exceeding fifty percent (50%) of one percent
(1%) of the gross annual receipts for the preceding
calendar year. In the case of a newly started business,
the tax shall not exceed one-twentieth (1/20) of one
percent (1%) of the capital investment. In the succeeding
calendar year, regardless of when the business started
to operate, the tax shall be based on the gross receipts
for the preceding calendar year, or any fraction thereof,
as provided herein. The receipts from the printing
and/or publishing of books or other reading materials
prescribed by the Department of Education, Culture and
Sports as school texts or references shall be exempt
from the tax herein imposed. Section 137. Franchise Tax.
- Notwithstanding any exemption granted by any law or
other special law, the province may impose a tax on
businesses enjoying a franchise, at the rate not
exceeding fifty percent (50%) of one percent (1%) of the
gross annual receipts for the preceding calendar year
based on the incoming receipt, or realized, within its
territorial jurisdiction.
In the case of a newly started business, the tax shall not
exceed one-twentieth (1/20) of one percent (1%) of the
capital investment. In the succeeding calendar year,
regardless of when the business started to operate, the
tax shall be based on the gross receipts for the preceding
calendar year, or any fraction thereon, as provided
herein. Section 138. Tax on Sand, Gravel and Other
Quarry Resources. - The province may levy and collect
not more than ten percent (10%) of fair market value in
the locality per cubic meter of ordinary stones, sand,
gravel, earth, and other quarry resources, as defined
under the National Internal Revenue Code, as amended,
extracted from public lands or from the beds of seas,
lakes, rivers, streams, creeks, and other public waters
within its territorial jurisdiction.
The permit to extract sand, gravel and other quarry
resources shall be issued exclusively by the provincial
governor, pursuant to the ordinance of the sangguniang
panlalawigan.
The proceeds of the tax on sand, gravel and other quarry
resources shall be distributed as follows:
(1) Province - Thirty percent (30%);
(2) Component City or Municipality where the sand,
gravel, and other quarry resources are extracted - Thirty
percent (30%); and
(3) Barangay where the sand, gravel, and other quarry
resources are extracted - Forty percent (40%).
Section 139. Professional Tax. -
(a) The province may levy an annual professional tax on
each person engaged in the exercise or practice of his
profession requiring government examination at such
amount and reasonable classification as the
sangguniang panlalawigan may determine but shall in
no case exceed Three hundred pesos (P300.00).
(b) Every person legally authorized to practice his
profession shall pay the professional tax to the province
where he practices his profession or where he maintains
his principal office in case he practices his profession in
several places: Provided, however, That such person
who has paid the corresponding professional tax shall be
entitled to practice his profession in any part of the
Philippines without being subjected to any other
national or local tax, license, or fee for the practice of
such profession.
(c) Any individual or corporation employing a person
distilled spirits, and wines or manufacturers of any article
subject to professional tax shall require payment by that
of commerce of whatever kind or nature, in accordance
person of the tax on his profession before employment
with the following schedule:
and annually thereafter.
(d) The professional tax shall be payable annually, on or
before the thirty-first (31st) day of January. Any person
first beginning to practice a profession after the month of
January must, however, pay the full tax before engaging
therein. A line of profession does not become exempt
even if conducted with some other profession for which
the tax has been paid. Professionals exclusively employed
in the government shall be exempt from the payment of
this tax.
(e) Any person subject to the professional tax shall write
in deeds, receipts, prescriptions, reports, books of
account, plans and designs, surveys and maps, as the
case may be, the number of the official receipt issued to
him.
Section 140. Amusement Tax. -
(a) The province may levy an amusement tax to be
collected from the proprietors, lessees, or operators of
theaters, cinemas, concert halls, circuses, boxing stadia,
and other places of amusement at a rate of not more
than ten percent (10%) of the gross receipts from
admission fees.

(b) In the case of theaters or cinemas, the tax shall first be

deducted and withheld by their proprietors, lessees, or
operators and paid to the provincial treasurer before the
gross receipts are divided between said proprietors,
lessees, or operators and the distributors of the
cinematographic films.

(c) The holding of operas, concerts, dramas, recitals,

painting and art exhibitions, flower shows, musical
programs, literary and oratorical presentations, except
pop, rock, or similar concerts shall be exempt from the
payment of the tax herein imposed.

(d) The sangguniang panlalawigan may prescribe the

time, manner, terms and conditions for the payment of
tax. In case of fraud or failure to pay the tax, the
sangguniang panlalawigan may impose such surcharges,
interests and penalties as it may deem appropriate.

(e) The proceeds from the amusement tax shall be

shared equally by the province and the municipality
where such amusement places are located.

(Amending Sec. 140 (A) of R.A. No. 7160 (Local

Government Code of 1991) Re: Amusement Tax, Republic
Act No. 9640, [May 21, 2009])

Section 141. Annual Fixed Tax For Every Delivery Truck

or Van of Manufacturers or Producers, Wholesalers of,
Dealers, or Retailers in, Certain Products. -
(a) The province may levy an annual fixed tax for every
truck, van or any vehicle used by manufacturers,
producers, wholesalers, dealers or retailers in the delivery
or distribution of distilled spirits, fermented liquors, soft
drinks, cigars and cigarettes, and other products as may
be determined by the sangguniang panlalawigan, to
sales outlets, or consumers, whether directly or indirectly,
within the province in an amount not exceeding Five
hundred pesos (P500.00).
(b) The manufacturers, producers, wholesalers, dealers
and retailers referred to in the immediately foregoing
paragraph shall be exempt from the tax on peddlers
prescribed elsewhere in this Code.

ARTICLE II Municipalities
Section 142. Scope of Taxing Powers. - Except as
otherwise provided in this Code, municipalities may levy
taxes, fees, and charges not otherwise levied by
provinces. Section 143. Tax on Business. - The
municipality may impose taxes on the following
businesses:
(a) On manufacturers, assemblers, repackers, processors,
brewers, distillers, rectifiers, and compounders of liquors,
With gross sales or receipts Amount of Tax
for the preceding calendar Per Annum
year in the amount of:
Less than 10,000.00 165.00

P 10,000.00 or more but less than 220.00

15,000.00

15,000.00 or more but less than 202.00

20,000.00

20,000.00 or more but less than 440.00

30,000.00

30,000.00 or more but less than 660.00

40,000.00

40,000.00 or more but less than 825.00

50,000.00

50,000.00 or more but less than 1,320.00

75,000.00

75,000.00 or more but less than 1,650.00

100,000.00

100,000.00 or more but less than 2,200.00

150,000.00

150,000.00 or more but less than 2,750.00

200,000.00

200,000.00 or more but less than 3,850.00

300,000.00

300,000.00 or more but less than 5,500.00

500,000.00

500,000.00 or more but less than 8,000.00

750,000.00

750,000.00 or more but less than 10,000.00

1,000,000.00

1,000,000.00 or more but less than 13,750.00

2,000,000.00

2,000,000.00 or more but less than 16,500.00

3,000,000.00

3,000,000.00 or more but less than 19,000.00

4,000,000.00

4,000,000.00 or more but less than 23,100.00

5,000,000.00

5,000,000.00 or more but less than 24,375.00

6,500,000.00

6,000,000.00 or more at a rate not exceeding

thirty-seven and a half percent (37½%) of one percent
(1%)
(b) On wholesalers, distributors, or dealers in any article of
commerce of whatever kind or nature in accordance with 1,000,000.00 or more but less than 10,000.00
the following schedule: 2,000,000.00

With gross sales or receipts Amount of Tax 2,000,000.00 or more at a rate not exceeding fifty
for the preceding calendar Per Annum percent (50%) of one percent (1%).
year in the amount of:

Less than 1,000.00 18.00 (c) On exporters, and on manufacturers , millers,

producers, wholesalers, distributors, dealers or retailers of
essential commodities enumerated hereunder at a rate
P 1,000.00 or more but less than 33.00
2,000.00 not exceeding one-half (½) of the rates prescribed under
subsection (a), (b) and (d) of this Section:
(1) Rice and corn;
2,000.00 or more but less than 50.00
3,000.00 (2) Wheat or cassava flour, meat, dairy products, locally
manufactured, processed or preserved food, sugar, salt
and other agricultural, marine, and fresh water products,
3,000.00 or more but less than 72.00
4,000.00 whether in their original state or not;
(3) Cooking oil and cooking gas;
(4) Laundry soap, detergents, and medicine;
4,000.00 or more but less than 100.00
5,000.00 (5) Agricultural implements. equipment and post-harvest
facilities, fertilizers, pesticides, insecticides, herbicides and
other farm inputs;
5,000.00 or more but less than 121.00
6,000.00 (6) Poultry feeds and other animal feeds;
(7) School supplies; and
6,000.00 or more but less than 143.00 (8) Cement.
7,000.00
(d) On retailers.
7,000.00 or more but less than 165.00 With gross sales or receipts for the Rate of Tax Per
8,000.00 preceding calendar year in the Annum
amount of:
8,000.00 or more but less than 187.00
10,000.00 P400,000.00 or less 2%

10,000.00 or more but less than 220.00 more than P400,000.00 1%

15,000.00
Provided, however, That barangays shall have the
15,000.00 or more but less than 275.00
exclusive power to levy taxes, as provided under Section
20,000.00
152 hereof, on gross sales or receipts of the preceding
calendar year of Fifty thousand pesos (P50,000.00) or less,
20,000.00 or more but less than 330.00
in the case of cities, and Thirty thousand pesos
30,000.00
(P30,000.00) or less, in the case of municipalities.
30,000.00 or more but less than 440.00
(e) On contractors and other independent contractors, in
40,000.00
accordance with the following schedule:
40,000.00 or more but less than 660.00 With gross sales or receipts Amount of Tax
50,000.00 for the preceding calendar Per Annum
year in the amount of:
50,000.00 or more but less than 990.00
75,000.00 Less than 5,000.00 27.50

75,000.00 or more but less than 1,320.00

100,000.00 P 5,000.00 or more but less than P 61.60
10,000.00
100,000.00 or more but less than 1,870.00
150,000.00 10,000.00 or more but less than 104.50
15,000.00
150,000.00 or more but less than 2,420.00
200,000.00 15,000.00 or more but less than 165.00
20,000.00
200,000.00 or more but less than 3,300.00
300,000.00 20,000.00 or more but less than 275.00
30,000.00
300,000.00 or more but less than 4,400.00
500,000.00 30,000.00 or more but less than 385.00
40,000.00
500,000.00 or more but less than 6,600.00
750,000.00 40,000.00 or more but less than 550.00
50,000.00
750,000.00 or more but less than 8,800.00
1,000,000.00 50,000.00 or more but less than 880.00
75,000.00

75,000.00 or more but less than 1,320.00

100,000.00

100,000.00 or more but less than 1,980.00
150,000.00
150,000.00 or more but less than 2,640.00
200,000.00
200,000.00 or more but less than 3,630.00
250,000.00
250,000.00 or more but less than 4,620.00
300,000.00
300,000.00 or more but less than 6,160.00
400,000.00
400,000.00 or more but less than 8,250.00
500,000.00
500,000.00 or more but less than 9,250.00
750,000.00
750,000.00 or more but less than 10,250.00
1,000,000.00
1,000,000.00 or more but less than 11,500.00
2,000,000.00
2,000,000.00 or more at a rate not exceeding fifty
percent (50%) of one percent (1%)
(f) On banks and other financial institutions, at a rate not
exceeding fifty percent (50%) of one percent (1%) on the
gross receipts of the preceding calendar year derived
from interest, commissions and discounts from lending
activities, income from financial leasing, dividends,
rentals on property and profit from exchange or sale of
property, insurance premium.
(g) On peddlers engaged in the sale of any merchandise
or article of commerce, at a rate not exceeding Fifty
pesos (P50.00) per peddler annually.
(h) On any business, not otherwise specified in the
preceding paragraphs, which the sanggunian concerned
may deem proper to tax: Provided, That on any business
subject to the excise, value-added or percentage tax
under the National Internal Revenue Code, as amended,
the rate of tax shall not exceed two percent (2%) of gross
sales or receipts of the preceding calendar year.
The sanggunian concerned may prescribe a schedule of
graduated tax rates but in no case to exceed the rates
prescribed herein.
Section 144. Rates of Tax within the Metropolitan
Manila Area. - The municipalities within the
Metropolitan Manila Area may levy taxes at rates which
shall not exceed by fifty percent (50%) the maximum
rates prescribed in the preceding Section.
Section 145. Retirement of Business. - A business subject
to tax pursuant to the preceding sections shall, upon
termination thereof, submit a sworn statement of its
gross sales or receipts for the current year. If the tax paid
during the year be less than the tax due on said gross
sales or receipts of the current year, the difference shall
be paid before the business is considered officially retired.
Section 146. Payment of Business Taxes. -
(a) The taxes imposed under Section 143 shall be
payable for every separate or distinct establishment or
place where business subject to the tax is conducted and
one line of business does not become exempt by being
conducted with some other business for which such tax
has been paid. The tax on a business must be paid by the
person conducting the same.
(b) In cases where a person conducts or operates two (2)
or more of the businesses mentioned in Section 143 of
this Code which are subject to the same rate of tax, the
tax shall be computed on the combined total gross sales
or receipts of the said two (2) or more related businesses.
© Compiled by RGL
(c) In cases where a person conducts or operates two (2)
or more businesses mentioned in Section 143 of this Code
which are subject to different rates of tax, the gross sales
or receipts of each business shall be separately reported
for the purpose of computing the tax due from each
business.
Section 147. Fees and Charges. - The municipality may
impose and collect such reasonable fees and charges on
business and occupation and, except as reserved to the
province in Section 139 of this Code, on the practice of
any profession or calling, commensurate with the cost of
regulation, inspection and licensing before any person
may engage in such business or occupation, or practice
such profession or calling.
Section 148. Fees for Sealing and Licensing of Weights
and Measures. -
(a) The municipality may levy fees for the sealing and
licensing of weights and measures at such reasonable
rates as shall be prescribed by the sangguniang bayan.
(b) The sangguniang bayan shall prescribe the necessary
regulations for the use of such weights and measures,
subject to such guidelines as shall be prescribed by the
Department of Science and Technology. The sanggunian
concerned shall, by appropriate ordinance, penalize
fraudulent practices and unlawful possession or use of
instruments of weights and measures and prescribe the
criminal penalty therefor in accordance with the
provisions of this Code. Provided, however, That the
sanggunian concerned may authorize the municipal
treasurer to settle an offense not involving the commission
of fraud before a case therefor is filed in court, upon
payment of a compromise penalty of not less than Two
hundred pesos (P200.00).
Section 149. Fishery Rentals, Fees and Charges. -
(a) Municipalities shall have the exclusive authority to
grant fishery privileges in the municipal waters and
impose rentals, fees or charges therefor in accordance
with the provisions of this Section.
(b) The sangguniang bayan may:
(1) Grant fishery privileges to erect fish corrals, oysters,
mussels or other aquatic beds or bangus fry areas,
within a definite zone of the municipal waters, as
determined by it: Provided, however, That duly
registered organizations and cooperatives of marginal
fishermen shall have the preferential right to such
fishery privileges: Provided, further, That the
sangguniang bayan may require a public bidding in
conformity with and pursuant to an ordinance for the
grant of such privileges: Provided, finally, That in the
absence of such organizations and cooperatives or their
failure to exercise their preferential right, other parties
may participate in the public bidding in conformity with
the above cited procedure.
(2) Grant the privilege to gather, take or catch bangus fry,
prawn fry or kawag-kawag or fry of other species and fish
from the municipal waters by nets, traps or other fishing
gears to marginal fishermen free of any rental, fee,
charge or any other imposition whatsoever.
(3) Issue licenses for the operation of fishing vessels of
three (3) tons or less for which purpose the sangguniang
bayan shall promulgate rules and regulations regarding
the issuances of such licenses to qualified applicants
under existing laws.
Provided, however, That the sanggunian concerned shall,
by appropriate ordinance, penalize the use of explosives,
noxious or poisonous substances, electricity, muro-ami,
and other deleterious methods of fishing and prescribe a
criminal penalty therefor in accordance with the
provisions of this Code: Provided, finally, That the
sanggunian concerned shall have the authority to
prosecute any violation of the provisions of applicable
fishery laws.
Section 150. Situs of the Tax. -
(a) For purposes of collection of the taxes under Section
143 of this Code, manufacturers, assemblers, repackers,
brewers, distillers, rectifiers and compounders of liquor,
distilled spirits and wines, millers, producers, exporters,
wholesalers, distributors, dealers, contractors, banks and
other financial institutions, and other businesses,
maintaining or operating branch or sales outlet
70 of
elsewhere shall record the sale in the branch or sales
outlet making the sale or transaction, and the tax
thereon shall accrue and shall be paid to the
municipality where such branch or sales outlet is
located. In cases where there is no such branch or sales
outlet in the city or municipality where the sale or
transaction is made, the sale shall be duly recorded in
the principal office and the taxes due shall accrue and
shall be paid to such city or municipality.
(b) The following sales allocation shall apply to
manufacturers, assemblers, contractors, producers, and
exporters with factories, project offices, plants, and
plantations in the pursuit of their business:
(1) Thirty percent (30%) of all sales recorded in the
principal office shall be taxable by the city or
municipality where the principal office is located; and
(2) Seventy percent (70%) of all sales recorded in the
principal office shall be taxable by the city or municipality
where the factory, project office, plant, or plantation is
located.
(c) In case of a plantation located at a place other than
the place where the factory is located, said seventy
percent (70%) mentioned in subparagraph (b) of
subsection (2) above shall be divided as follows:
(1) Sixty percent (60%) to the city or municipality where
the factory is located; and
(2) Forty percent (40%) to the city or municipality where
the plantation is located.
(d) In cases where a manufacturer, assembler, producer,
exporter or contractor has two (2) or more factories,
project offices, plants, or plantations located in different
localities, the seventy percent (70%) sales allocation
mentioned in subparagraph (b) of subsection (2) above
shall be prorated among the localities where the
factories, project offices, plants, and plantations are
located in proportion to their respective volumes of
production during the period for which the tax is due.
(e) The foregoing sales allocation shall be applied
irrespective of whether or not sales are made in the
locality where the factory, project office, plant, or
plantation is located.
ARTICLE III Cities
Section 151. Scope of Taxing Powers. - Except as
otherwise provided in this Code, the city, may levy the
taxes, fees, and charges which the province or
municipality may impose: Provided, however, That the
taxes, fees and charges levied and collected by highly
urbanized and independent component cities shall
accrue to them and distributed in accordance with the
provisions of this Code.
The rates of taxes that the city may levy may exceed the
maximum rates allowed for the province or municipality
by not more than fifty percent (50%) except the rates of
professional and amusement taxes.
ARTICLE IV Barangays
Section 152. Scope of Taxing Powers. - The barangays
may levy taxes, fees, and charges, as provided in this
Article, which shall exclusively accrue to them:
(a) Taxes - On stores or retailers with fixed business
establishments with gross sales of receipts of the
preceding calendar year of Fifty thousand pesos
(P50,000.00) or less, in the case of cities and Thirty
thousand pesos (P30,000.00) or less, in the case of
municipalities, at a rate not exceeding one percent (1%) on
such gross sales or receipts.
(b) Service Fees or Charges. - Barangays may collect
reasonable fees or charges for services rendered in
connection with the regulations or the use of barangay-
owned properties or service facilities such as palay,
copra, or tobacco dryers.
(c) Barangay Clearance. - No city or municipality may
issue any license or permit for any business or activity
unless a clearance is first obtained from the barangay
where such business or activity is located or conducted.
For such clearance, the sangguniang barangay may
impose a reasonable fee. The application for clearance
shall be acted upon within seven (7) working days from
the filing thereof. In the event that the clearance is not
issued within the said period, the city or municipality
may issue the said license or permit.
(d) Other fees and Charges. - The barangay may levy
reasonable fees and charges:
(1) On commercial breeding of fighting cocks, cockfights
and cockpits;
(2) On places of recreation which charge admission fees;
and
(3) On billboards, signboards, neon signs, and outdoor
advertisements.
ARTICLE V Common Revenue-Raising Powers
Section 153. Service Fees and Charges. - Local
government units may impose and collect such
reasonable fees and charges for services rendered.
Section 154. Public Utility Charges. - Local government
units may fix the rates for the operation of public utilities
owned, operated and maintained by them within their
jurisdiction.
Section 155. Toll Fees or Charges. - The sanggunian
concerned may prescribe the terms and conditions and
fix the rates for the imposition of toll fees or charges for
the use of any public road, pier, or wharf, waterway,
bridge, ferry or telecommunication system funded and
constructed by the local government unit concerned:
Provided, That no such toll fees or charges shall be
collected from officers and enlisted men of the Armed
Forces of the Philippines and members of the Philippine
National Police on mission, post office personnel
delivering mail, physically-handicapped, and disabled
citizens who are sixty-five (65) years or older.
When public safety and welfare so requires, the
sanggunian concerned may discontinue the collection of
the tolls, and thereafter the said facility shall be free and
open for public use.
ARTICLE VI Community Tax
Section 156. Community Tax. - Cities or municipalities
may levy a community tax in accordance with the
provisions of this Article.
Section 157. Individuals Liable to Community Tax. - Every
inhabitant of the Philippines eighteen (18) years of age or
over who has been regularly employed on a wage or
salary basis for at least thirty (30) consecutive working
days during any calendar year, or who is engaged in
business or occupation, or who owns real property with
an aggregate assessed value of One thousand pesos
(P1,000.00) or more, or who is required by law to file an
income tax return shall pay an annual additional tax of
Five pesos (P5.00) and an annual additional tax of One
peso (P1.00) for every One thousand pesos (P1,000.00) of
income regardless of whether from business, exercise of
profession or from property which in no case shall exceed
Five thousand pesos (P5,000.00).
In the case of husband and wife, the additional tax herein
imposed shall be based upon the total property owned
by them and the total gross receipts or earnings derived
by them.
Section 158. Juridical Persons Liable to Community Tax. -
Every corporation no matter how created or organized,
whether domestic or resident foreign, engaged in or
doing business in the Philippines shall pay an annual
community tax of Five hundred pesos (P500.00) and an
annual additional tax, which, in no case, shall exceed Ten
thousand pesos (P10,000.00) in accordance with the
following schedule:
(1) For every Five thousand pesos (P5,000.00) worth of
real property in the Philippines owned by it during the
preceding year based on the valuation used for the
payment of real property tax under existing laws, found
in the assessment rolls of the city or municipality where
the real property is situated - Two pesos (P2.00); and
(2) For every Five thousand pesos (P5,000.00) of gross
receipts or earnings derived by it from its business in the
Philippines during the preceding year - Two pesos
(P2.00).
The dividends received by a corporation from another
corporation however shall, for the purpose of the
additional tax, be considered as part of the gross receipts
or earnings of said corporation.
Section 159. Exemptions. - The following are exempt
from the community tax:
(1) Diplomatic and consular representatives; and
(2) Transient visitors when their stay in the Philippines
does not exceed three (3) months.
Section 160. Place of Payment. - The community tax shall
be paid in the place of residence of the individual, or in
the place where the principal office of the juridical entity
is located.
Section 161. Time for Payment; Penalties for Delinquency.
-
(a) The community tax shall accrue on the first (1st) day of
January of each year which shall be paid not later than
the last day of February of each year. If a person reaches
the age of eighteen (18) years or otherwise loses the
benefit of exemption on or before the last day of June, he
shall be liable for the community tax on the day he
reaches such age or upon the day the exemption ends.
However, if a person reaches the age of eighteen (18)
years or loses the benefit of exemption on or before the
last day of March, he shall have twenty (20) days to pay
the community tax without becoming delinquent.
Persons who come to reside in the Philippines or reach
the age of eighteen (18) years on or after the first (1st) day
of July of any year, or who cease to belong to an exempt
class or after the same date, shall not be subject to the
community tax for that year.
(b) Corporations established and organized on or before
the last day of June shall be liable for the community tax
for that year. But corporations established and organized
on or before the last day of March shall have twenty (20)
days within which to pay the community tax without
becoming delinquent. Corporations established and
organized on or after the first day of July shall not be
subject to the community tax for that year.
If the tax is not paid within the time prescribed above,
there shall be added to the unpaid amount an interest of
twenty-four percent (24%) per annum from the due date
until it is paid.
Section 162. Community Tax Certificate. - A community
tax certificate shall be issued to every person or
corporation upon payment of the community tax. A
community tax certificate may also be issued to any
person or corporation not subject to the community tax
upon payment of One peso (P1.00).
Section 163. Presentation of Community Tax Certificate
On Certain Occasions. -
(a) When an individual subject to the community tax
acknowledges any document before a notary public,
takes the oath of office upon election or appointment to
any position in the government service; receives any
license, certificate. or permit from any public authority;
pays any tax or free; receives any money from any public
fund; transacts other official business; or receives any
salary or wage from any person or corporation with
whom such transaction is made or business done or from
whom any salary or wage is received to require such
individual to exhibit the community tax certificate.
The presentation of community tax certificate shall not
be required in connection with the registration of a
voter.
(b) When, through its authorized officers, any corporation
subject to the community tax receives any license,
certificate, or permit from any public authority, pays any
tax or fee, receives money from public funds, or transacts
other official business, it shall be the duty of the public
official with whom such transaction is made or business
done, to require such corporation to exhibit the
community tax certificate.
(c) The community tax certificate required in the two
preceding paragraphs shall be the one issued for the
current year, except for the period from January until
the fifteenth (15th) of April each year, in which case, the
certificate issued for the preceding year shall suffice.
Section 164. Printing of Community Tax Certificates and
Distribution of Proceeds. -
(a) The Bureau of Internal Revenue shall cause the
printing of community tax certificates and distribute the
same to the cities and municipalities through the city
and municipal treasurers in accordance with prescribed
regulations.
The proceeds of the tax shall accrue to the general funds
of the cities, municipalities and barangays except a
portion thereof which shall accrue to the general fund of
the national government to cover the actual cost of
printing and distribution of the forms and other related
expenses. The city or municipal treasurer concerned
shall remit to the national treasurer the said share of the
national government in the proceeds of the tax within
ten
(10) days after the end of each quarter.
(b) The city or municipal treasurer shall deputize the
barangay treasurer to collect the community tax in their
respective jurisdictions: Provided, however, That said
barangay treasurer shall be bonded in accordance with
existing laws.
(c) The proceeds of the community tax actually and
directly collected by the city or municipal treasurer shall
accrue entirely to the general fund of the city or
municipality concerned. However, proceeds of the
community tax collected through the barangay
treasurers shall be apportioned as follows:
(1) Fifty percent (50%) shall accrue to the general fund of
the city or municipality concerned; and
(2) Fifty percent (50%) shall accrue to the barangay where
the tax is collected.
CHAPTER III Collection of Taxes
Section 165. Tax Period and Manner of Payment. - Unless
otherwise provided in this Code, the tax period of all local
taxes, fees and charges shall be the calendar year. Such
taxes, fees and charges may be paid in quarterly
installments.
Section 166. Accrual of Tax. - Unless otherwise provided
in this Code, all local taxes, fees, and charges shall accrue
on the first (1st) day of January of each year. However,
new taxes, fees or charges, or changes in the rates
thereof, shall accrue on the first (1st) day of the quarter
next following the effectivity of the ordinance imposing
such new levies or rates.
Section 167. Time of Payment. - Unless otherwise
provided in this Code, all local taxes, fees, and charges
shall be paid within the first twenty (20) days of January
or of each subsequent quarter, as the case may be. The
sanggunian concerned may, for a justifiable reason or
cause, extend the time for payment of such taxes, fees, or
charges without surcharges or penalties, but only for a
period not exceeding six (6) months.
Section 168. Surcharges and Penalties on Unpaid Taxes,
Fees, or Charges. - The sanggunian may impose a
surcharge not exceeding twenty-five (25%) of the
amount of taxes, fees or charges not paid on time and an
interest at the rate not exceeding two percent (2%) per
month of the unpaid taxes, fees or charges including
surcharges, until such amount is fully paid but in no case
shall the total thirty-six (36%) months.
Section 169. Interests on Other Unpaid Revenues. -
Where the amount of any other revenue due a local
government unit, except voluntary contributions or
donations, is not paid on the date fixed in the ordinance,
or in the contract, expressed or implied, or upon the
occurrence of the event which has given rise to its
collection, there shall be collected as part of that
amount an interest thereon at the rate not exceeding
two percent (2%) per month from the date it is due until
it is paid, but in no case shall the total interest on the
unpaid amount or a portion thereof exceed thirty-six
(36) months.
Section 170. Collection of Local Revenue by Treasurer. -
All local taxes, fees, and charges shall be collected by the
provincial, city, municipal, or barangay treasurer, or their
duly authorized deputies.
The provincial, city or municipal treasurer may designate
the barangay treasurer as his deputy to collect local taxes,
fees, or charges. In case a bond is required for the
purpose, the provincial, city or municipal government
shall pay the premiums thereon in addition to the
premiums of bond that may be required under this Code.
Section 171. Examination of Books of Accounts and
Pertinent Records of Businessmen by Local Treasurer. -
The provincial, city, municipal or barangay treasurer may,
by himself or through any of his deputies duly authorized
in writing, examine the books, accounts, and other
pertinent records of any person, partnership, corporation,
or association subject to local taxes, fees and charges in
order to ascertain. assess, and collect the correct amount
of the tax, fee, or charge. Such examination shall be made
during regular business hours, only once for every tax
period, and shall be certified to by the examining official.
Such certificate shall be made of record in the books of
accounts of the taxpayer examined.
In case the examination herein authorized is made by a
duly authorized deputy of the local treasurer, the
written authority of the deputy concerned shall
specifically state the name, address, and business of the
taxpayer whose books, accounts, and pertinent records
are to be examined, the date and place of such
examination and the procedure to be followed in
conducting the same.
For this purpose, the records of the revenue district office
of the Bureau of Internal Revenue shall be made available
to the local treasurer, his deputy or duly authorized
representative.
CHAPTER IV Civil Remedies for Collection of
Revenues
Section 172. Application of Chapter. - The provisions of
this Chapter and the remedies provided hereon may be
availed of for the collection of any delinquent local tax,
fee, charge, or other revenue.
Section 173. Local Government's Lien. - Local taxes, fees,
charges and other revenues constitute a lien, superior to
all liens, charges or encumbrances in favor of any person,
enforceable by appropriate administrative or judicial
action, not only upon any property or rights therein which
may be subject to the lien but also upon property used in
business, occupation, practice of profession or calling, or
exercise of privilege with respect to which the lien is
imposed. The lien may only be extinguished upon full
payment of the delinquent local taxes fees and charges
including related surcharges and interest.
Section 174. Civil Remedies. - The civil remedies for the
collection of local taxes, fees, or charges, and related
surcharges and interest resulting from delinquency shall
be:
(a) By administrative action thru distraint of goods,
chattels, or effects, and other personal property of
whatever character, including stocks and other securities,
debts, credits, bank accounts, and interest in and rights to
personal property, and by levy upon real property and
interest in or rights to real property;
(b) By judicial action.
Either of these remedies or all may be pursued
concurrently or simultaneously at the discretion of the
local government unit concerned.
Section 175. Distraint of Personal Property. - The remedy
by distraint shall proceed as follows:
(a) Seizure - Upon failure of the person owing any local
tax, fee, or charge to pay the same at the time required,
the local treasurer or his deputy may, upon written notice,
seize or confiscate any personal property belonging to
that person or any personal property subject to the lien in
sufficient quantity to satisfy the tax, fee, or charge in
question, together with any increment thereto incident to
delinquency and the expenses of seizure. In such case,
the local treasurer or his deputy shall issue a duly
authenticated certificate based upon the records of his
office showing the fact of delinquency and the amounts
of the tax, fee, or charge and penalty due. Such certificate
shall serve as sufficient warrant for the distraint of
personal property aforementioned, subject to the
taxpayer's right to claim exemption under the provisions
of existing laws. Distrained personal property shall be
sold at public auction in the manner hereon provided
for.
(b) Accounting of distrained goods. - The officer
executing the distraint shall make or cause to be made
an account of the goods, chattels or effects distrained, a
copy of which signed by himself shall be left either with
the owner or person from whose possession the goods,
chattels or effects are taken, or at the dwelling or place
or business of that person and with someone of suitable
age and discretion, to which list shall be added a
statement of the sum demanded and a note of the time
and place of sale.
(c) Publication - The officer shall forthwith cause a
notification to be exhibited in not less than three (3)
public and conspicuous places in the territory of the local
government unit where the distraint is made, specifying
the time and place of sale, and the articles distrained.
The time of sale shall not be less than twenty (20) days
after the notice to the owner or possessor of the
property as above specified and the publication or
posting of the notice. One place for the posting of the
notice shall be at the office of the chief executive of the
local government unit in which the property is
distrained.
(d) Release of distrained property upon payment prior to
sale - If at any time prior to the consummation of the
sale, all the proper charges are paid to the officer
conducting the sale, the goods or effects distrained shall
be restored to the owner.
(e) Procedure of sale - At the time and place fixed in the
notice, the officer conducting the sale shall sell the goods
or effects so distrained at public auction to the highest
bidder for cash. Within five (5) days after the sale, the local
treasurer shall make a report of the proceedings in
writing to the local chief executive concerned.
Should the property distrained be not disposed of within
one hundred and twenty (120) days from the date of
distraint, the same shall be considered as sold to the
local government unit concerned for the amount of the
assessment made thereon by the Committee on
Appraisal and to the extent of the same amount, the tax
delinquencies shall be cancelled.
Said Committee on Appraisal shall be composed of the
city or municipal treasurer as chairman, with a
representative of the Commission on Audit and the city or
municipal assessor as members.
(f) Disposition of proceeds - The proceeds of the sale shall
be applied to satisfy the tax, including the surcharges,
interest, and other penalties incident to delinquency, and
the expenses of the distraint and sale. The balance over
and above what is required to pay the entire claim shall
be returned to the owner of the property sold. The
expenses chargeable upon the seizure and sale shall
embrace only the actual expenses of seizure and
preservation of the property pending the sale, and no
charge shall be imposed for the services of the local
officer or his deputy. Where the proceeds of the sale are
insufficient to satisfy the claim, other property may, in like
manner, be distrained until the full amount due, including
all expenses, is collected.
Section 176. Levy on Real Property. - After the expiration
of the time required to pay the delinquent tax, fee, or
charge, real property may be levied on before,
simultaneously, or after the distraint of personal property
belonging to the delinquent taxpayer. To this end, the
provincial, city or municipal treasurer, as the case may be,
shall prepare a duly authenticated certificate showing the
name of the taxpayer and the amount of the tax, fee, or
charge, and penalty due from him. Said certificate shall
operate with the force of a legal execution throughout
the Philippines. Levy shall be effected by writing upon
said certificate the description of the property upon
which levy is made. At the same time, written notice of the
levy shall be mailed to or served upon the assessor and
the Register of Deeds of the province or city where the
property is located who shall annotate the levy on the tax
declaration and certificate of title of the property,
respectively, and the delinquent taxpayer or, if he be
absent from the Philippines, to his agent or the manager
of the business in respect to which the liability arose, or
if
there be none, to the occupant of the property in previously issued to him, shall forthwith return to the
question.
In case the levy on real property is not issued before or
simultaneously with the warrant of distraint on personal
property, and the personal property of the taxpayer is
not sufficient to satisfy his delinquency, the provincial,
city or municipal treasurer, as the case may be, shall
within thirty
(30) days after execution of the distraint, proceed with the
levy on the taxpayer's real property.
A report on any levy shall, within ten (10) days after receipt
of the warrant, be submitted by the levying officer to the
sanggunian concerned.
Section 177. Penalty for Failure to Issue and Execute
Warrant. - Without prejudice to criminal prosecution
under the Revised Penal Code and other applicable laws,
any local treasurer who fails to issue or execute the
warrant of distraint or levy after the expiration of the
time prescribed, or who is found guilty of abusing the
exercise thereof by competent authority shall be
automatically dismissed from the service after due
notice and hearing. Section 178. Advertisement and
Sale. - Within thirty (30) days after the levy, the local
treasurer shall proceed to publicly advertise for sale or
auction the property or a usable portion thereof as may
be necessary to satisfy the claim and cost of sale; and
such advertisement shall cover a period of at least thirty
(30) days. It shall be effected by posting a notice at the
main entrance of the municipal building or city hall, and
in a public and conspicuous place in the barangay where
the real property is located, and by publication once a
week for three (3) weeks in a newspaper of general
circulation in the province, city or municipality
where the property is located. The
advertisement shall contain the amount of taxes, fees or
charges, and penalties due thereon, and the time and
place of sale, the name of the taxpayer against whom
the taxes, fees, or charges are levied, and a short
description of the property to be sold. At any time
before the date fixed for the sale, the taxpayer may stay
they proceedings by paying the taxes, fees, charges,
penalties and interests. If he fails to do so, the sale shall
proceed and shall be held either at the main entrance of
the provincial, city or municipal building, or on the
property to be sold, or at any other place as determined
by the local treasurer conducting the sale and specified
in the notice of sale.
Within thirty (30) days after the sale, the local treasurer or
his deputy shall make a report of the sale to the
sanggunian concerned, and which shall form part of his
records. After consultation with the sanggunian, the
local treasurer shall make and deliver to the purchaser a
certificate of sale, showing the proceeding of the sale,
describing the property sold, stating the name of the
purchaser and setting out the exact amount of all taxes,
fees, charges, and related surcharges, interests, or
penalties: Provided, however, That any excess in the
proceeds of the sale over the claim and cost of sales
shall be turned over to the owner of the property.
The local treasurer may, by ordinance duly approved,
advance an amount sufficient to defray the costs of
collection by means of the remedies provided for in this
Title, including the preservation or transportation in case
of personal property, and the advertisement and
subsequent sale, in cases of personal and real property
including improvements thereon.
Section 179. Redemption of Property Sold. - Within one (1)
year from the date of sale, the delinquent taxpayer or his
representative shall have the right to redeem the
property upon payment to the local treasurer of the total
amount of taxes, fees, or charges, and related surcharges,
interests or penalties from the date of delinquency to the
date of sale, plus interest of not more than two percent
(2%) per month on the purchase price from the date of
purchase to the date of redemption. Such payment shall
invalidate the certificate of sale issued to the purchaser
and the owner shall be entitled to a certificate of
redemption from the provincial, city or municipal
treasurer or his deputy.
The provincial, city or municipal treasurer or his deputy,
upon surrender by the purchaser of the certificate of sale
latter the entire purchase price paid by him plus the
interest of not more than two percent (2%) per month
herein provided for, the portion of the cost of sale and
other legitimate expenses incurred by him, and said
property thereafter shall be free from the lien of such
taxes, fees, or charges, related surcharges, interests, and
penalties.
The owner shall not, however, be deprived of the
possession of said property and shall be entitled to the
rentals and other income thereof until the expiration of
the time allowed for its redemption.
Section 180. Final Deed to Purchaser. - In case the
taxpayer fails to redeem the property as provided
herein, the local treasurer shall execute a deed
conveying to the purchaser so much of the property as
has been sold, free from liens of any taxes, fees,
charges, related surcharges, interests, and penalties.
The deed shall succinctly recite all the proceedings
upon which the validity of the sale depends.
Section 181. Purchase of Property By the Local
Government Units for Want of Bidder. - In case there is no
bidder for the real property advertised for sale as
provided herein, or if the highest bid is for an amount
insufficient to pay the taxes, fees, or charges, related
surcharges, interests, penalties and costs, the local
treasurer conducting the sale shall purchase the property
in behalf of the local government unit concerned to
satisfy the claim and within two (2) days thereafter shall
make a report of his proceedings which shall be reflected
upon the records of his office. It shall be the duty of the
Registrar of Deeds concerned upon registration with his
office of any such declaration of forfeiture to transfer the
title of the forfeited property to the local government
unit concerned without the necessity of an order from a
competent court.
Within one (1) year from the date of such forfeiture, the
taxpayer or any of his representative, may redeem the
property by paying to the local treasurer the full amount
of the taxes, fees, charges, and related surcharges,
interests, or penalties, and the costs of sale. If the
property is not redeemed as provided herein, the
ownership thereof shall be fully vested on the local
government unit concerned.
Section 182. Resale of Real Estate Taken for Taxes, Fees,
or Charges. - The sanggunian concerned may, by
ordinance duly approved, and upon notice of not less
than twenty (20) days, sell and dispose of the real
property acquired under the preceding section at public
auction. The proceeds of the sale shall accrue to the
general fund of the local government unit concerned.
Section 183. Collection of Delinquent Taxes, Fees,
Charges or other Revenues through Judicial Action. - The
local government unit concerned may enforce the
collection of delinquent taxes, fees, charges or other
revenues by civil action in any court of competent
jurisdiction. The civil action shall be filed by the local
treasurer within the period prescribed in Section 194 of
this Code.
Section 184. Further Distraint or Levy. - The remedies
by distraint and levy may be repeated if necessary until
the full amount due, including all expenses, is collected.
Section 185. Personal Property Exempt from Distraint
or Levy. - The following property shall be exempt from
distraint and the levy, attachment or execution thereof
for delinquency in the payment of any local tax, fee or
charge, including the related surcharge and interest:
(a) Tools and implements necessarily used by the
delinquent taxpayer in his trade or employment;
(b) One (1) horse, cow, carabao, or other beast of burden,
such as the delinquent taxpayer may select, and
necessarily used by him in his ordinary occupation;
(c) His necessary clothing, and that of all his family;
(d) Household furniture and utensils necessary for
housekeeping and used for that purpose by the
delinquent taxpayer, such as he may select, of a value
not exceeding Ten thousand pesos (P10,000.00);
(e) Provisions, including crops, actually provided for
individual or family use sufficient for four (4) months;
(f) The professional libraries of doctors, engineers, lawyers
R.A. No. 6938, non-stock and non-profit hospitals and
and judges;
educational institutions, are hereby withdrawn upon the
(g) One fishing boat and net, not exceeding the total
effectivity of this Code.
value of Ten thousand pesos (P10,000.00), by the lawful
use of which a fisherman earns his livelihood; and
(h) Any material or article forming part of a house or CHAPTER VI Taxpayer's Remedies
improvement of any real property.

Section 194. Periods of Assessment and Collection. -

CHAPTER V Miscellaneous Provisions (a) Local taxes, fees, or charges shall be assessed within
five (5) years from the date they became due. No action
for the collection of such taxes, fees, or charges, whether
Section 186. Power To Levy Other Taxes, Fees or Charges.
administrative or judicial, shall be instituted after the
- Local government units may exercise the power to levy
expiration of such period: Provided, That. taxes, fees or
taxes, fees or charges on any base or subject not
charges which have accrued before the effectivity of this
otherwise specifically enumerated herein or taxed under
Code may be assessed within a period of three (3) years
the provisions of the National Internal Revenue Code, as
from the date they became due.
amended, or other applicable laws: Provided, That the
(b) In case of fraud or intent to evade the payment of
taxes, fees, or charges shall not be unjust, excessive,
taxes, fees, or charges, the same may be assessed within
oppressive, confiscatory or contrary to declared national
ten (10) years from discovery of the fraud or intent to
policy: Provided, further, That the ordinance levying
evade payment.
such taxes, fees or charges shall not be enacted without
(c) Local taxes, fees, or charges may be collected within
any prior public hearing conducted for the purpose.
five (5) years from the date of assessment by
Section 187. Procedure for Approval and Effectivity of Tax,
administrative or judicial action. No such action shall be
Ordinances and Revenue Measures; Mandatory Public
instituted after the expiration of said period: Provided,
Hearings. - The procedure for approval of local tax
however, That, taxes, fees or charges assessed before the
ordinances and revenue measures shall be in accordance
effectivity of this Code may be collected within a period of
with the provisions of this Code: Provided, That public
three (3) years from the date of assessment.
hearings shall be conducted for the purpose prior to the
(d) The running of the periods of prescription provided in
enactment thereof: Provided, further, That any question
the preceding paragraphs shall be suspended for the
on the constitutionality or legality of tax ordinances or
time during which:
revenue measures may be raised on appeal within thirty
(1) The treasurer is legally prevented from making the
(30) days from the effectivity thereof to the Secretary of
assessment of collection;
Justice who shall render a decision within sixty (60) days
(2) The taxpayer requests for a reinvestigation and
from the date of receipt of the appeal: Provided, however,
executes a waiver in writing before expiration of the
That such appeal shall not have the effect of suspending
period within which to assess or collect; and
the effectivity of the ordinance and the accrual and
(3) The taxpayer is out of the country or otherwise cannot
payment of the tax, fee, or charge levied therein:
be located.
Provided, finally, That within thirty (30) days after receipt
Section 195. Protest of Assessment. - When the local
of the decision or the lapse of the sixty-day period
treasurer or his duly authorized representative finds that
without the Secretary of Justice acting upon the appeal,
correct taxes, fees, or charges have not been paid, he shall
the aggrieved party may file appropriate proceedings
issue a notice of assessment stating the nature of the tax,
with a court of competent jurisdiction.
fee, or charge, the amount of deficiency, the surcharges,
Section 188. Publication of Tax Ordinances and Revenue
interests and penalties. Within sixty (60) days from the
Measures. - Within ten (10) days after their approval,
receipt of the notice of assessment, the taxpayer may file
certified true copies of all provincial, city, and municipal
a written protest with the local treasurer contesting the
tax ordinances or revenue measures shall be published
assessment; otherwise, the assessment shall become
in full for three (3) consecutive days in a newspaper of
final and executory. The local treasurer shall decide the
local circulation: Provided, however, That in provinces,
protest within sixty (60) days from the time of its filing. If
cities and municipalities where there are no newspapers
the local treasurer finds the protest to be wholly or partly
of local circulation, the same may be posted in at least
meritorious, he shall issue a notice cancelling wholly or
two
partially the assessment. However, if the local treasurer
(2) conspicuous and publicly accessible places.
finds the assessment to be wholly or partly correct, he
Section 189. Furnishing of Copies of Tax Ordinances and
Revenue Measures. - Copies of all provincial, city, and shall deny the protest wholly or partly with notice to the
municipal and barangay tax ordinances and revenue taxpayer. The taxpayer shall have thirty (30) days from the
measures shall be furnished the respective local receipt of the denial of the protest or from the lapse of
treasurers for public dissemination. the sixty (60) day period prescribed herein within which
to appeal with the court of competent jurisdiction
Section 190. Attempt to Enforce Void or Suspended Tax
Ordinances and revenue measures. - The enforcement of otherwise the assessment becomes conclusive and
any tax ordinance or revenue measure after due notice of unappealable.
Section 196. Claim for Refund of Tax Credit. - No case or
the disapproval or suspension thereof shall be sufficient
proceeding shall be maintained in any court for the
ground for administrative disciplinary action against the
recovery of any tax, fee, or charge erroneously or illegally
local officials and employees responsible therefor.
collected until a written claim for refund or credit has
Section 191. Authority of Local Government Units to
been filed with the local treasurer. No case or proceeding
Adjust Rates of Tax Ordinances. - Local government units
shall be entertained in any court after the expiration of
shall have the authority to adjust the tax rates as
two (2) years from the date of the payment of such tax,
prescribed herein not oftener than once every five (5)
fee, or charge, or from the date the taxpayer is entitled to
years, but in no case shall such adjustment exceed ten
a refund or credit.
percent (10%) of the rates fixed under this Code.
Section 192. Authority to Grant Tax Exemption Privileges.
- Local government units may, through ordinances duly TITLE II REAL PROPERTY TAXATION
approved, grant tax exemptions, incentives or reliefs
under such terms and conditions as they may deem
necessary. CHAPTER I General Provisions
Section 193. Withdrawal of Tax Exemption Privileges. -
Unless otherwise provided in this Code, tax exemptions Section 197. Scope. - This Title shall govern the
or incentives granted to, or presently enjoyed by all administration, appraisal, assessment, levy and collection
persons, whether natural or juridical, of real property tax.
including government-owned or controlled
corporations, except local water districts, cooperatives
duly registered under
Section 198. Fundamental Principles. - The appraisal,
assessment, levy and collection of real property tax shall
be guided by the following fundamental principles:
(a) Real property shall be appraised at its current and fair
market value;
(b) Real property shall be classified for assessment
purposes on the basis of its actual use;
(c) Real property shall be assessed on the basis of a
uniform classification within each local government unit;
(d) The appraisal, assessment, levy and collection of real
property tax shall not be let to any private person; and
(e) The appraisal and assessment of real property shall
be equitable.
Section 199. Definitions. - When used in this Title:
(a) "Acquisition Cost" for newly-acquired machinery not
yet depreciated and appraised within the year of its
purchase, refers to the actual cost of the machinery to its
present owner, plus the cost of transportation, handling,
and installation at the present site;
(b) "Actual Use" refers to the purpose for which the
property is principally or predominantly utilized by the
person in possession thereof;
(c) "Ad Valorem Tax" is a levy on real property determined
on the basis of a fixed proportion of the value of the
property;
(d) "Agricultural Land" is land devoted principally to the
planting of trees, raising of crops, livestock and poultry,
dairying, salt making, inland fishing and similar
aquacultural activities, and other agricultural activities,
and is not classified as mineral, timber, residential,
commercial or industrial land;
(e) "Appraisal" is the act or process of determining the
value of property as of a specified date for a specific
purpose;
(f) "Assessment" is the act or process of determining the
value of a property, or proportion thereof subject to tax,
including the discovery, listing, classification, and
appraisal of properties;
(g) "Assessment Level" is the percentage applied to the
fair market value to determine the taxable value of the
property;
(h) "Assessed Value" is the fair market value of the real
property multiplied by the assessment level. It is
synonymous to taxable value;
(i) "Commercial Land" is land devoted principally for the
object of profit and is not classified as agricultural,
industrial, mineral, timber, or residential land;
(j) "Depreciated Value" is the value remaining after
deducting depreciation from the acquisition cost;
(k) "Economic Life" is the estimated period over which it
is anticipated that a machinery or equipment may be
profitably utilized;
(l) "Fair Market Value" is the price at which a property
may be sold by a seller who is not compelled to sell and
bought by a buyer who is not compelled to buy;
(m) "Improvement" is a valuable addition made to a
property or an amelioration in its condition, amounting to
more than a mere repair or replacement of parts
involving capital expenditures and labor, which is
intended to enhance its value, beauty or utility or to adapt
it for new or further purposes;
(n) "Industrial Land" is land devoted principally to
industrial activity as capital investment and is not
classified as agricultural, commercial, timber, mineral or
residential land;
(o) "Machinery" embraces machines, equipment,
mechanical contrivances, instruments, appliances or
apparatus which may or may not be attached,
permanently or temporarily, to the real property. It
includes the physical facilities for production, the
installations and appurtenant service facilities, those
which are mobile, self-powered or self-propelled, and
those not permanently attached to the real property
which are actually, directly, and exclusively used to meet
the needs of the particular industry, business or activity
and which by their very nature and purpose are designed
for, or necessary to its manufacturing, mining, logging,
commercial, industrial or agricultural purposes;
(p) "Mineral Lands" are lands in which minerals, metallic
or non-metallic, exist in sufficient quantity or grade to
justify the necessary expenditures to extract and utilize
such materials;
(q) "Reassessment" is the assigning of new assessed
values to property, particularly real estate, as the result of
a general, partial, or individual reappraisal of the property;
(r) "Remaining Economic Life" is the period of time
expressed in years from the date of appraisal to the date
when the machinery becomes valueless;
(s) "Remaining Value" is the value corresponding to the
remaining useful life of the machinery;
(t) "Replacement or Reproduction Cost" is the cost that
would be incurred on the basis of current prices, in
acquiring an equally desirable substitute property, or the
cost of reproducing a new replica of the property on the
basis of current prices with the same or closely similar
material; and
(u) "Residential Land" is land principally devoted to
habitation.
Section 200. Administration of the Real Property Tax. -
The provinces and cities, including the municipalities
within the Metropolitan Manila Area, shall be primarily
responsible for the proper, efficient and effective
administration of the real property tax.
CHAPTER II Appraisal and Assessment of Real
Property
Section 201. Appraisal of Real Property. - All real property,
whether taxable or exempt, shall be appraised at the
current and fair market value prevailing in the locality
where the property is situated. The Department of
Finance shall promulgate the necessary rules and
regulations for the classification, appraisal, and
assessment of real property pursuant to the provisions of
this Code.
Section 202. Declaration of real Property by the Owner or
Administrator. - It shall be the duty of all persons, natural
or juridical, owning or administering real property,
including the improvements therein, within a city or
municipality, or their duly authorized representative, to
prepare, or cause to be prepared, and file with the
provincial, city or municipal assessor, a sworn statement
declaring the true value of their property, whether
previously declared or undeclared, taxable or exempt,
which shall be the current and fair market value of the
property, as determined by the declarant. Such
declaration shall contain a description of the property
sufficient in detail to enable the assessor or his deputy to
identify the same for assessment purposes. The sworn
declaration of real property herein referred to shall be
filed with the assessor concerned once every three (3)
years during the period from January first (1st) to June
thirtieth (30th) commencing with the calendar year 1992.
Section 203. Duty of Person Acquiring Real Property or
Making Improvement Thereon. - It shall also be the duty
of any person, or his authorized representative, acquiring
at any time real property in any municipality or city or
making any improvement on real property, to prepare, or
cause to be prepared, and file with the provincial, city or
municipal assessor, a sworn statement declaring the true
value of subject property, within sixty (60) days after the
acquisition of such property or upon completion or
occupancy of the improvement, whichever comes earlier.
Section 204. Declaration of Real Property by the
Assessor. - When any person, natural or juridical, by
whom real property is required to be declared under
Section 202 hereof, refuses or fails for any reason to make
such declaration within the time prescribed, the
provincial, city or municipal assessor shall himself declare
the property in the name of the defaulting owner, if
known, or against an unknown owner, as the case may
be, and shall assess the property for taxation in
accordance with the provision of this Title. No oath shall
be required of a declaration thus made by the provincial,
city or municipal assessor.
Section 205. Listing of Real Property in the Assessment
provide such certificate shall be a valid cause for the
Rolls. -
Registrar of Deeds to refuse the registration of the
(a) In every province and city, including the
document.
municipalities within the Metropolitan Manila Area,
Section 210. Duty of Official Issuing Building Permit or
there shall be prepared and maintained by the
Certificate of Registration of Machinery to Transmit Copy
provincial, city or municipal assessor an assessment roll
to Assessor. - Any public official or employee who may
wherein shall be listed all real property, whether taxable
now or hereafter be required by law or regulation to issue
or exempt, located within the territorial jurisdiction of
to any person a permit for the construction, addition,
the local government unit concerned. Real property shall
repair, or renovation of a building, or permanent
be listed, valued and assessed in the name of the owner
improvement on land, or a certificate of registration for
or administrator, or anyone having legal interest in the
any machinery, including machines, mechanical
property.
contrivances, and apparatus attached or affixed on land
(b) The undivided real property of a deceased person may
or to another real property, shall transmit a copy of such
be listed, valued and assessed in the name of the estate
permit or certificate within thirty (30) days of its issuance,
or of the heirs and devisees without designating them
to the assessor of the province, city or municipality where
individually; and undivided real property other than that
the property is situated.
owned by a deceased may be listed, valued and assessed
Section 211. Duty of Geodetic Engineers to Furnish Copy
in the name of one or more co-owners: Provided,
of Plans to Assessor. - It shall be the duty of all geodetic
however, That such heir, devisee, or co-owner shall be
engineers, public or private, to furnish free of charge to
liable severally and proportionately for all obligations
the assessor of the province, city or municipality where
imposed by this Title and the payment of the real
the land is located with a white or blue print copy of
property tax with respect to the undivided property.
each of all approved original or subdivision plans or
(c) The real property of a corporation, partnership, or
maps of surveys executed by them within thirty (30)
association shall be listed, valued and assessed in the
days from receipt of such plans from the Lands
same manner as that of an individual.
Management Bureau, the Land Registration Authority, or
(d) Real property owned by the Republic of the
the Housing and Land Use Regulatory Board, as the case
Philippines, its instrumentalities and political
may be.
subdivisions, the beneficial use of which has been
Section 212. Preparation of Schedule of Fair Market
granted, for consideration or otherwise, to a taxable
Values. - Before any general revision of property
person, shall be listed, valued and assessed in the name
assessment is made pursuant to the provisions of this
of the possessor, grantee or of the public entity if such
Title, there shall be prepared a schedule of fair market
property has been acquired or held for resale or lease.
values by the provincial, city and municipal assessor of
Section 206. Proof of Exemption of Real Property from
the municipalities within the Metropolitan Manila Area
Taxation. - Every person by or for whom real property is
for the different classes of real property situated in their
declared, who shall claim tax exemption for such property
respective local government units for enactment by
under this Title shall file with the provincial, city or
ordinance of the sanggunian concerned. The schedule of
municipal assessor within thirty (30) days from the date
fair market values shall be published in a newspaper of
of the declaration of real property sufficient documentary
general circulation in the province, city or municipality
evidence in support of such claim including corporate
concerned or in the absence thereof, shall be posted in
charters, title of ownership, articles of incorporation, by-
the provincial capitol, city or municipal hall and in two
laws, contracts, affidavits, certifications and mortgage
other conspicuous public places therein.
deeds, and similar documents. Section 213. Authority of Assessor to Take Evidence. - For
If the required evidence is not submitted within the
the purpose of obtaining information on which to base
period herein prescribed, the property shall be listed as
the market value of any real property, the assessor of the
taxable in the assessment roll. However, if the property
province, city or municipality or his deputy may summon
shall be proven to be tax exempt, the same shall be
the owners of the properties to be affected or persons
dropped from the assessment roll.
having legal interest therein and witnesses, administer
Section 207. Real Property Identification System. - All
oaths, and take deposition concerning the property, its
declarations of real property made under the provisions
ownership, amount, nature, and value.
of this Title shall be kept and filed under a uniform
Section 214. Amendment of Schedule of Fair Market
classification system to be established by the provincial,
Values. - The provincial, city or municipal assessor may
city or municipal assessor.
recommend to the sanggunian concerned amendments
Section 208. Notification of Transfer of Real Property
to correct errors in valuation in the schedule of fair
Ownership. - Any person who shall transfer real property
market values. The sanggunian concerned shall, by
ownership to another shall notify the provincial, city or
ordinance, act upon the recommendation within ninety
municipal assessor concerned within sixty (60) days from
(90) days from receipt thereof.
the date of such transfer. The notification shall include
Section 215. Classes of Real Property for Assessment
the mode of transfer, the description of the property
Purposes. - For purposes of assessment, real property
alienated, the name and address of the transferee.
shall be classified as residential, agricultural, commercial,
Section 209. Duty of Registrar of Deeds to Appraise industrial, mineral, timberland or special.
Assessor of Real Property Listed in Registry. -
The city or municipality within the Metropolitan Manila
(a) To ascertain whether or not any real property Area, through their respective sanggunian, shall have the
entered in the Registry of Property has escaped
power to classify lands as residential, agricultural,
discovery and listing for the purpose of taxation, the
commercial, industrial, mineral, timberland, or special in
Registrar of Deeds shall prepare and submit to the
accordance with their zoning ordinances.
provincial, city or municipal assessor, within six (6)
Section 216. Special Classes of Real Property. - All lands,
months from the date of effectivity of this Code and
buildings, and other improvements thereon actually,
every year thereafter, an abstract of his registry, which
directly and exclusively used for hospitals, cultural, or
shall include brief but sufficient description of the real
scientific purposes, and those owned and used by local
properties entered therein, their present owners, and
water districts, and government-owned or controlled
the dates of their most recent transfer or alienation
corporations rendering essential public services in the
accompanied by copies of corresponding deeds of sale,
supply and distribution of water and/or generation and
donation, or partition or other forms of alienation.
transmission of electric power shall be classified as
(b) It shall also be the duty of the Registrar of Deeds to
special.
require every person who shall present for registration a
Section 217. Actual Use of Real Property as Basis for
document of transfer, alienation, or encumbrance of real
Assessment. - Real property shall be classified, valued
property to accompany the same with a certificate to
and assessed on the basis of its actual use regardless of
the effect that the real property subject of the transfer,
where located, whoever owns it, and whoever uses it.
alienation, or encumbrance, as the case may be, has
Section 218. Assessment Levels. - The assessment levels
been fully paid of all real property taxes due thereon.
to be applied to the fair market value of real property to
Failure to
 determine its assessed value shall be fixed by ordinances
of the sangguniang panlalawigan, sangguniang (3) Commercial / Industrial
panlungsod or sangguniang bayan of a municipality Fair Market Value
within the Metropolitan Manila Area, at the rates not
exceeding the following: Over Not Over Assessment
Levels
(a) On Lands:
P300,000.00 30%
CLASS ASSESSMENT LEVELS

Residential 20% P300,000.00 500,000.00 35%

Agricultural 40%
500,000.00 750,000.00 40%
Commercial 50%

Industrial 50% 750,000.00 1,000,000.00 50%

Mineral 50%
1,000,000.00 2,000,000.00 60%
Timberland 20%
2,000,000.00 5,000,000.00 70%
(b) On Buildings and Other Structures:

5,000,000.00 10,000,000.00 75%

(1) Residential
Fair market Value
10,000,000.00 80%
Over Not Over Assessment
Levels
(4) Timberland
P175,000.00 0% Fair Market Value

P175,000.00 300,000.00 10% Over Not Over Assessment

Levels

300,000.00 500,000.00 20% P300,000.00 45%

500,000.00 750,000.00 25% P300,000.00 500,000.00 50%

750,000.00 1,000,000.00 30% 500,000.00 750,000.00 55%

1,000,000.00 2,000,000.00 35% 750,000.00 1,000,000.00 60%

2,000,000.00 5,000,000.00 40% 5,000,000.00 2,000,000.00 65%

5,000,000.00 10,000,000.00 50% 2,000,000.00 70%

10,000,000.00 60%
(c) On Machineries
Class Assessment Levels
(2) Agricultural
Fair Market Value Agricultural 40%

Over Not Over Assessment

Levels Residential 50%

P300,000.00 25%
Commercial 80%

P300,000.00 500,000.00 30%

Industrial 80%

500,000.00 750,000.00 35%

(d) On Special Classes: The assessment levels for all lands
buildings, machineries and other improvements;
750,000.00 1,000,000.00 40%
Actual Use Assessment
Level
1,000,000.00 2,000,000.00 45%
Cultural 15%
2,000,000.00 50%
Scientific 15%
 imported machinery shall be converted to peso cost on
Hospital 15%
the basis of foreign currency exchange rates as fixed by
the Central Bank.
Local water districts 10%
Section 225. Depreciation Allowance for Machinery. - For
purposes of assessment, a depreciation allowance shall
Government-owned or controlled 10%
be made for machinery at a rate not exceeding five
corporations engaged in the
percent (5%) of its original cost or its replacement or
supply and distribution of water
reproduction cost, as the case may be, for each year of
and/or generation and
use: Provided, however, That the remaining value for all
transmission of electric power
kinds of machinery shall be fixed at not less than twenty
Section 219. General Revision of Assessment and percent (20%) of such original, replacement, or
Property Classification. - The provincial, city or municipal reproduction cost for so long as the machinery is useful
assessor shall undertake a general revision of real and in operation.
property assessments within two (2) years after the of
effectivity of this Code and every three (3) years
thereafter. Section 220. Valuation of Real Property. - In
cases where
(a) real property is declared and listed for taxation
purposes for the first time; (b) there is an ongoing general
revision of property classification and assessment; or (c) a
request is made by the person in whose name the
property is declared, the provincial, city or municipal
assessor or his duly authorized deputy shall, in
accordance with the provisions of this Chapter, make a
classification, appraisal and assessment or taxpayer's
valuation thereon: Provided, however, That the
assessment of real property shall not be increased oftener
than once every three (3) years except in case of new
improvements substantially increasing the value of said
property or of any change in its actual use.
Section 221. Date of Effectivity of Assessment or
Reassessment. - All assessments or reassessments made
after the first (1st) day of January of any year shall take
effect on the first (1st) day of January of the succeeding
year: Provided, however, That the reassessment of real
property due to its partial or total destruction, or to a
major change in its actual use, or to any great and
sudden inflation or deflation of real property values, or
to the gross illegality of the assessment when made or to
any other abnormal cause, shall be made within ninety
(90) days from the date any such cause or causes
occurred, and shall take effect at the beginning of the
quarter next following the reassessment.
Section 222. Assessment of Property Subject to Back
Taxes. - Real property declared for the first time shall be
assessed for taxes for the period during which it would
have been liable but in no case of more than ten (10)
years prior to the date of initial assessment: Provided,
however, That such taxes shall be computed on the basis
of the applicable schedule of values in force during the
corresponding period.
If such taxes are paid on or before the end of the quarter
following the date the notice of assessment was received
by the owner or his representative, no interest for
delinquency shall be imposed thereon; otherwise, such
taxes shall be subject to an interest at the rate of two
percent (2%) per month or a fraction thereof from the
date of the receipt of the assessment until such taxes are
fully paid.
Section 223. Notification of New or Revised Assessment.
- When real property is assessed for the first time or
when an existing assessment is increased or decreased,
the provincial, city or municipal assessor shall within
thirty
(30) days give written notice of such new or revised
assessment to the person in whose name the property is
declared. The notice may be delivered personally or by
registered mail or through the assistance of the punong
barangay to the last known address of the person to be
served.
Section 224. Appraisal and Assessment of Machinery. -
(a) The fair market value of a brand-new machinery shall
be the acquisition cost. In all other cases, the fair market
value shall be determined by dividing the remaining
economic life of the machinery by its estimated
economic life and multiplied by the replacement or
reproduction cost.
(b) If the machinery is imported, the acquisition cost
includes freight, insurance, bank and other charges,
brokerage, arrastre and handling, duties and taxes, plus
charges at the present site. The cost in foreign currency
 CHAPTER III Assessment Appeals

Section 226. Local Board of Assessment Appeals. - Any

owner or person having legal interest in the property
who is not satisfied with the action of the provincial,
city or municipal assessor in the assessment of his
property may, within sixty (60) days from the date of
receipt of the written notice of assessment, appeal to
the Board of Assessment Appeals of the provincial or
city by filing a petition under oath in the form
prescribed for the purpose, together with copies of the
tax declarations and such affidavits or documents
submitted in support of the appeal.
Section 227. Organization, Powers, Duties, and
Functions of the Local Board of Assessment Appeals. -
(a) The Board of Assessment Appeals of the province or
city shall be composed of the Registrar of Deeds, as
Chairman, the provincial or city prosecutor and the
provincial, or city engineer as members, who shall serve
as such in an ex officio capacity without additional
compensation.
(b) The chairman of the Board shall have the power to
designate any employee of the province or city to serve
as secretary to the Board also without additional
compensation.
(c) The chairman and members of the Board of
Assessment Appeals of the province or city shall
assume their respective positions without need of
further appointment or special designations
immediately upon effectivity of this Code. They shall
take oath or affirmation of office in the prescribed
form.
(d) In provinces and cities without a provincial or city
engineer, the district engineer shall serve as member of
the Board. In the absence of the Registrar of Deeds, or
the provincial or city prosecutor, or the provincial or city
engineer, or the district engineer, the persons performing
their duties, whether in an acting capacity or as a duly
designated officer-in-charge, shall automatically become
the chairman or member, respectively, of the said Board,
as the case may be.
Section 228. Meetings and Expenses of the Local Board
of Assessment Appeals. -
(a) The Board of Assessment Appeals of the province or
city shall meet once a month and as often as may be
necessary for the prompt disposition of appealed cases.
No member of the Board shall be entitled to per diems
or traveling expenses for his attendance in Board
meetings, except when conducting an ocular inspection
in connection with a case under appeal.
(b) All expenses of the Board shall be charged against the
general fund of the province or city, as the case may be.
The sanggunian concerned shall appropriate the
necessary funds to enable the Board in their respective
localities to operate effectively.
Section 229. Action by the Local Board of Assessment
Appeals. -
(a) The Board shall decide the appeal within one
hundred twenty (120) days from the date of receipt of
such appeal. The Board, after hearing, shall render its
decision based on substantial evidence or such relevant
evidence on record as a reasonable mind might accept
as adequate to support the conclusion.
(b) In the exercise of its appellate jurisdiction, the Board
shall have the power to summon witnesses, administer
oaths, conduct ocular inspection, take depositions, and
issue subpoena and subpoena duces tecum. The
proceedings of the Board shall be conducted solely for
the purpose of ascertaining the facts without necessarily
adhering to technical rules applicable in judicial
proceedings.
(c) The secretary of the Board shall furnish the owner of
the property or the person having legal interest therein
and the provincial or city assessor with a copy of the
decision of the Board. In case the provincial or city
assessor concurs in the revision or the assessment, it shall
be his duty to notify the owner of the property or the
person having legal interest therein of such fact using the
form prescribed for the purpose. The owner of the
property or the person having legal interest therein or the
assessor who is not satisfied with the decision of the
Board, may, within thirty (30) days after receipt of the
decision of said Board, appeal to the Central Board of
Assessment Appeals, as herein provided. The decision of
the Central Board shall be final and executory.
Section 230. Central Board of Assessment Appeals. - The
Central Board of Assessment Appeals shall be composed
of a chairman, and two (2) members to be appointed by
the President, who shall serve for a term of seven (7)
years, without reappointment. Of those first appointed,
the chairman shall hold office for seven (7) years, one
member for five (5) years, and the other member for
three (3) years. Appointment to any vacancy shall be
only for the unexpired portion of the term of the
predecessor. In no case shall any member be appointed
or designated in a temporary or acting capacity. The
chairman and the members of the Board shall be Filipino
citizens, at least forty (40) years old at the time of their
appointment, and members of the Bar or Certified Public
Accountants for at least ten (10) years immediately
preceding their appointment. The chairman of the Board
of Assessment Appeals shall have the salary grade
equivalent to the rank of Director III under the Salary
Standardization Law exclusive of allowances and other
emoluments. The members of the Board shall have the
salary grade equivalent to the rank of Director II under
the Salary Standardization Law exclusive of allowances
and other emoluments. The Board shall have appellate
jurisdiction over all assessment cases decided by the
Local Board of Assessment Appeals.
There shall be Hearing Officers to be appointed by the
Central Board of Assessment Appeals pursuant to civil
service laws, rules and regulations, one each for Luzon,
Visayas and Mindanao, who shall hold office in Manila,
Cebu City and Cagayan de Oro City, respectively, and
who shall serve for a term of six (6) years, without
reappointment until their successors have been
appointed and qualified. The Hearing Officers shall have
the same qualifications as that of the Judges of the
Municipal Trial Courts.
The Central Board Assessment Appeals, in the
performance of its powers and duties, may establish and
organize staffs, offices, units, prescribe the titles,
functions and duties of their members and adopt its own
rules and regulations.
Unless otherwise provided by law, the annual
appropriations for the Central Board of Assessment
Appeals shall be included in the budget of the
Department of Finance in the corresponding General
Appropriations Act.
Section 231. Effect of Appeal on the Payment of Real
Property Tax. - Appeal on assessments of real property
made under the provisions of this Code shall, in no case,
suspend the collection of the corresponding realty taxes
on the property involved as assessed by the provincial or
city assessor, without prejudice to subsequent
adjustment depending upon the final outcome of the
appeal.
CHAPTER IV Imposition of Real Property Tax
Section 232. Power to Levy Real Property Tax. - A
province or city or a municipality within the Metropolitan
© Compiled by RGL
Manila Area my levy an annual ad valorem tax on real
property such as land, building, machinery, and other
improvement not hereinafter specifically exempted.
Section 233. Rates of Levy. - A province or city or a
municipality within the Metropolitan Manila Area shall fix
a uniform rate of basic real property tax applicable to
their respective localities as follows:
(a) In the case of a province, at the rate not exceeding one
percent (1%) of the assessed value of real property; and
(b) In the case of a city or a municipality within the
Metropolitan Manila Area, at the rate not exceeding two
percent (2%) of the assessed value of real property.
Section 234. Exemptions from Real Property Tax. - The
following are exempted from payment of the real property
tax:
(a) Real property owned by the Republic of the
Philippines or any of its political subdivisions except when
the beneficial use thereof has been granted, for
consideration or otherwise, to a taxable person;
(b) Charitable institutions, churches, parsonages or
convents appurtenant thereto, mosques, non-profit or
religious cemeteries and all lands, buildings, and
improvements actually, directly, and exclusively used for
religious, charitable or educational purposes;
(c) All machineries and equipment that are actually,
directly and exclusively used by local water districts and
government owned or controlled corporations engaged
in the supply and distribution of water and/or generation
and transmission of electric power;
(d) All real property owned by duly registered
cooperatives as provided for under R.A. No. 6938; and
(e) Machinery and equipment used for pollution control
and environmental protection.
Except as provided herein, any exemption from payment
of real property tax previously granted to, or presently
enjoyed by, all persons, whether natural or juridical,
including all government-owned or controlled
corporations are hereby withdrawn upon the effectivity
of this Code.
CHAPTER V Special Levies on Real Property
Section 235. Additional Levy on Real Property for the
Special Education Fund. - A province or city, or a
municipality within the Metropolitan Manila Area, may
levy and collect an annual tax of one percent (1%) on the
assessed value of real property which shall be in addition
to the basic real property tax. The proceeds thereof shall
exclusively accrue to the Special Education Fund (SEF).
Section 236. Additional Ad Valorem Tax on Idle Lands. - A
province or city, or a municipality within the Metropolitan
Manila Area, may levy an annual tax on idle lands at the
rate not exceeding five percent (5%) of the assessed value
of the property which shall be in addition to the basic real
property tax.
Section 237. Idle Lands, Coverage. - For purposes of real
property taxation, idle lands shall include the following:
(a) Agricultural lands, more than one (1) hectare in area,
suitable for cultivation, dairying, inland fishery, and other
agricultural uses, one-half (1/2) of which remain
uncultivated or unimproved by the owner of the property
or person having legal interest therein. Agricultural lands
planted to permanent or perennial crops with at least
fifty (50) trees to a hectare shall not be considered idle
lands. Lands actually used for grazing purposes shall
likewise not be considered idle lands.
(b) Lands, other than agricultural, located in a city or
municipality, more than one thousand (1,000) square
meters in area one-half (1/2) of which remain unutilized or
unimproved by the owner of the property or person
having legal interest therein.
Regardless of land area, this Section shall likewise apply
to residential lots in subdivisions duly approved by proper
authorities, the ownership of which has been transferred
to individual owners, who shall be liable for the additional
tax: Provided, however, That individual lots of such
subdivisions, the ownership of which has not been
transferred to the buyer shall be considered as part of the
80 of 188
subdivision, and shall be subject to the additional tax
payable by subdivision owner or operator.
Section 238. Idle Lands Exempt from Tax. - A province or
city or a municipality within the Metropolitan Manila Area
may exempt idle lands from the additional levy by reason
of force majeure, civil disturbance, natural calamity or any
cause or circumstance which physically or legally
prevents the owner of the property or person having legal
interest therein from improving, utilizing or cultivating
the same.
Section 239. Listing of Idle Lands by the Assessor. - The
provincial, city or municipal assessor shall make and keep
an updated record of all idle lands located within his area
of jurisdiction. For purposes of collection, the provincial,
city or municipal assessor shall furnish a copy thereof to
the provincial or city treasurer who shall notify, on the
basis of such record, the owner of the property or person
having legal interest therein of the imposition of the
additional tax.
Section 240. Special Levy by Local Government Units. - A
province, city or municipality may impose a special levy
on the lands comprised within its territorial jurisdiction
specially benefited by public works projects or
improvements funded by the local government unit
concerned: Provided, however, That the special levy
shall not exceed sixty percent (60%) of the actual cost of
such projects and improvements, including the costs of
acquiring land and such other real property in
connection therewith: Provided, further, That the special
levy shall not apply to lands exempt from basic real
property tax and the remainder of the land portions of
which have been donated to the local government unit
concerned for the construction of such projects or
improvements.
Section 241. Ordinance Imposing a Special Levy. - A tax
ordinance imposing a special levy shall describe with
reasonable accuracy the nature, extent, and location of
the public works projects or improvements to be
undertaken, state the estimated cost thereof, specify the
metes and bounds by monuments and lines and the
number of annual installments for the payment of the
special levy which in no case shall be less than five (5)
nor more than ten (10) years. The sanggunian concerned
shall not be obliged, in the apportionment and
computation of the special levy, to establish a uniform
percentage of all lands subject to the payment of the tax
for the entire district, but it may fix different rates for
different parts or sections thereof, depending on
whether such land is more or less benefited by proposed
work.
Section 242. Publication of Proposed Ordinance
Imposing a Special Levy. - Before the enactment of an
ordinance imposing a special levy, the sanggunian
concerned shall conduct a public hearing thereon; notify
in writing the owners of the real property to be affected
or the persons having legal interest therein as to the
date and place thereof and afford the latter the
opportunity to express their positions or objections
relative to the proposed ordinance.
Section 243. Fixing the Amount of Special Levy. - The
special levy authorized herein shall be apportioned,
computed, and assessed according to the assessed
valuation of the lands affected as shown by the books of
the assessor concerned, or its current assessed value as
fixed by said assessor if the property does not appear of
record in his books. Upon the effectivity of the ordinance
imposing special levy, the assessor concerned shall
forthwith proceed to determine the annual amount of
special levy assessed against each parcel of land
comprised within the area especially benefited and shall
send to each landowner a written notice thereof by mail,
personal service or publication in appropriate cases.
Section 244. Taxpayer's Remedies Against Special Levy. -
Any owner of real property affected by a special levy or any
person having a legal interest therein may, upon receipt of
the written notice of assessment of the special levy, avail
of the remedies provided for in Chapter 3, Title Two, Book
II of this Code.
Section 245. Accrual of Special Levy. - The special levy
shall accrue on the first day of the quarter next following
the effectivity of the ordinance imposing such levy.
CHAPTER VI Collection of Real Property Tax
Section 246. Date of Accrual of Tax. - The real property
tax for any year shall accrue on the first day of January
and from that date it shall constitute a lien on the
property which shall be superior to any other lien,
mortgage, or encumbrance of any kind whatsoever, and
shall be extinguished only upon the payment of the
delinquent tax.
Section 247. Collection of Tax. - The collection of the real
property tax with interest thereon and related expenses,
and the enforcement of the remedies provided for in this
Title or any applicable laws, shall be the responsibility of
the city or municipal treasurer concerned.
The city or municipal treasurer may deputize the
barangay treasurer to collect all taxes on real property
located in the barangay: Provided, That the barangay
treasurer is properly bonded for the purpose: Provided,
further, That the premium on the bond shall be paid by
the city or municipal government concerned.
Section 248. Assessor to Furnish Local Treasurer with
Assessment Roll. - The provincial, city or municipal
assessor shall prepare and submit to the treasurer of the
local government unit, on or before the thirty-first (31st)
day of December each year, an assessment roll
containing a list of all persons whose real properties have
been newly assessed or reassessed and the values of such
properties.
Section 249. Notice of Time for Collection of Tax. - The
city or municipal treasurer shall, on or before the thirty-
first (31st) day of January each year, in the case of the
basic real property tax and the additional tax for the
Special Education Fund (SEF) or any other date to be
prescribed by the sanggunian concerned in the case of
any other tax levied under this title, post the notice of
the dates when the tax may be paid without interest at a
conspicuous and publicly accessible place at the city or
municipal hall. Said notice shall likewise be published in
a newspaper of general circulation in the locality once a
week for two (2) consecutive weeks.
Section 250. Payment of Real Property Taxes in
Installments. - The owner of the real property or the
person having legal interest therein may pay the basic
real property tax and the additional tax for Special
Education Fund (SEF) due thereon without interest in
four (4) equal installments; the first installment to be due
and payable on or before March Thirty-first (31st); the
second installment, on or before June Thirty (30); the
third installment, on or before September Thirty (30); and
the last installment on or before December Thirty-first
(31st), except the special levy the payment of which shall
be governed by ordinance of the sanggunian concerned.
The date for the payment of any other tax imposed under
this Title without interest shall be prescribed by the
sanggunian concerned.
Payments of real property taxes shall first be applied to
prior years delinquencies, interests, and penalties, if any,
and only after said delinquencies are settled may tax
payments be credited for the current period.
Section 251. Tax Discount for Advanced Prompt
Payment. - If the basic real property tax and the
additional tax accruing to the Special Education Fund
(SEF) are paid in advance in accordance with the
prescribed schedule of payment as provided under
Section 250, the sanggunian concerned may grant a
discount not exceeding twenty percent (20%) of the
annual tax due.
Section 252. Payment Under Protest. -
(a) No protest shall be entertained unless the taxpayer
first pays the tax. There shall be annotated on the tax
receipts the words "paid under protest". The protest in
writing must be filed within thirty (30) days from
payment of the tax to the provincial, city treasurer or
municipal treasurer, in the case of a municipality within
Metropolitan Manila Area, who shall decide the protest
within sixty (60) days from receipt.
(b) The tax or a portion thereof paid under protest, shall be
held in trust by the treasurer concerned.
(c) In the event that the protest is finally decided in favor
of the taxpayer, the amount or portion of the tax
protested shall be refunded to the protestant, or applied
as tax credit against his existing or future tax liability.
(d) In the event that the protest is denied or upon the
lapse of the sixty day period prescribed in subparagraph
(a), the taxpayer may avail of the remedies as provided for
in Chapter 3, Title II, Book II of this Code.
Section 253. Repayment of Excessive Collections. - When
an assessment of basic real property tax, or any other tax
levied under this Title, is found to be illegal or erroneous
and the tax is accordingly reduced or adjusted, the
taxpayer may file a written claim for refund or credit for
taxes and interests with the provincial or city treasurer
within two (2) years from the date the taxpayer is entitled
to such reduction or adjustment.
The provincial or city treasurer shall decide the claim for
tax refund or credit within sixty (60) days from receipt
thereof. In case the claim for tax refund or credit is
denied, the taxpayer may avail of the remedies as
provided in Chapter 3, Title II, Book II of this Code.
Section 254. Notice of Delinquency in the Payment of
the Real Property Tax. -
(a) When the real property tax or any other tax imposed
under this Title becomes delinquent, the provincial, city
or municipal treasurer shall immediately cause a notice of
the delinquency to be posted at the main hall and in a
publicly accessible and conspicuous place in each
barangay of the local government unit concerned. The
notice of delinquency shall also be published once a week
for two (2) consecutive weeks, in a newspaper of general
circulation in the province, city, or municipality.
(b) Such notice shall specify the date upon which the tax
became delinquent and shall state that personal property
may be distrained to effect payment. It shall likewise state
that any time before the distraint of personal property,
payment of the tax with surcharges, interests and
penalties may be made in accordance with the next
following Section, and unless the tax, surcharges and
penalties are paid before the expiration of the year for
which the tax is due except when the notice of
assessment or special levy is contested administratively or
judicially pursuant to the provisions of Chapter 3, Title II,
Book II of this Code, the delinquent real property will be
sold at public auction, and the title to the property will be
vested in the purchaser, subject, however, to the right of
the delinquent owner of the property or any person
having legal interest therein to redeem the property
within one (1) year from the date of sale.
Section 255. Interests on Unpaid Real Property Tax. - In
case of failure to pay the basic real property tax or any
other tax levied under this Title upon the expiration of the
periods as provided in Section 250, or when due, as the
case may be, shall subject the taxpayer to the payment of
interest at the rate of two percent (2%) per month on the
unpaid amount or a fraction thereof, until the delinquent
tax shall have been fully paid: Provided, however, That in
no case shall the total interest on the unpaid tax or
portion thereof exceed thirty-six (36) months.
Section 256. Remedies For The Collection Of Real
Property Tax. - For the collection of the basic real property
tax and any other tax levied under this Title, the local
government unit concerned may avail of the remedies by
administrative action thru levy on real property or by
judicial action.
Section 257. Local Governments Lien. - The basic real
property tax and any other tax levied under this Title
constitutes a lien on the property subject to tax, superior
to all liens, charges or encumbrances in favor of any
person, irrespective of the owner or possessor thereof,
enforceable by administrative or judicial action, and may
only be extinguished upon payment of the tax and the
related interests and expenses.
Section 258. Levy on Real Property. - After the expiration
of the time required to pay the basic real property tax or
any other tax levied under this Title, real property subject
to such tax may be levied upon through the issuance of a
warrant on or before, or simultaneously with, the
institution of the civil action for the collection of the
delinquent tax. The provincial or city treasurer, or a
treasurer of a municipality within the Metropolitan
Manila Area, as the case may be, when issuing a warrant
of levy shall prepare a duly authenticated certificate
showing the name of the delinquent owner of the
property or person having legal interest therein, the
description of the property, the amount of the tax due
and the interest thereon. The warrant shall operate with
the force of a legal execution throughout the province,
city or a municipality, within the Metropolitan Manila
Area. The warrant shall be mailed to or served upon the
delinquent owner of the real property or person having
legal interest therein, or in case he is out of the country
or cannot be located, the administrator or occupant of
the property. At the same time, written notice of the
levy with the attached warrant shall be mailed to or
served upon the assessor and the Registrar of Deeds of
the province, city or municipality within the
Metropolitan Manila Area where the property is located,
who shall annotate the levy on the tax declaration and
certificate of title of the property, respectively.
The levying officer shall submit a report on the levy to the
sanggunian concerned within ten (10) days after receipt
of the warrant by the owner of the property or person
having legal interest therein.
Section 259. Penalty for Failure to Issue and Execute
Warrant. - Without prejudice to criminal prosecution under
the Revised Penal Code and other applicable laws, any local
treasurer or his deputy who fails to issue or execute the
warrant of levy within one (1) year from the time the tax
becomes delinquent or within thirty (30) days from the
date of the issuance thereof, or who is found guilty of
abusing the exercise thereof in an administrative or judicial
proceeding shall be dismissed from the service.
Section 260. Advertisement and Sale. - Within thirty (30)
days after service of the warrant of levy, the local
treasurer shall proceed to publicly advertise for sale or
auction the property or a usable portion thereof as may
be necessary to satisfy the tax delinquency and expenses
of sale. The advertisement shall be effected by posting a
notice at the main entrance of the provincial, city or
municipal building, and in a publicly accessible and
conspicuous place in the barangay where the real
property is located, and by publication once a week for
two (2) weeks in a newspaper of general circulation in
the province, city or municipality where the property is
located. The advertisement shall specify the amount of
the delinquent tax, the interest due thereon and
expenses of sale, the date and place of sale, the name of
the owner of the real property or person having legal
interest therein, and a description of the property to be
sold. At any time before the date fixed for the sale, the
owner of the real property or person having legal
interest therein may stay the proceedings by paying the
delinquent tax, the interest due thereon and the
expenses of sale. The sale shall be held either at the
main entrance of the provincial, city or municipal
building, or on the property to be sold, or at any other
place as specified in the notice of the sale.
Within thirty (30) days after the sale, the local treasurer or
his deputy shall make a report of the sale to the
sanggunian concerned, and which shall form part of his
records. The local treasurer shall likewise prepare and
deliver to the purchaser a certificate of sale which shall
contain the name of the purchaser, a description of the
property sold, the amount of the delinquent tax, the
interest due thereon, the expenses of sale and a brief
description of the proceedings: Provided, however, That
proceeds of the sale in excess of the delinquent tax, the
interest due thereon, and the expenses of sale shall be
remitted to the owner of the real property or person
having legal interest therein.
The local treasurer may, by ordinance duly approved,
advance an amount sufficient to defray the costs of
collection thru the remedies provided for in this Title,
including the expenses of advertisement and sale.
Section 261. Redemption of Property Sold. - Within one (1)
year from the date of sale, the owner of the delinquent
real property or person having legal interest therein, or his
representative, shall have the right to redeem the
property upon payment to the local treasurer of the
amount of the delinquent tax, including the interest due
thereon, and the expenses of sale from the date of
delinquency to the date of sale, plus interest of not more
than two percent (2%) per month on the purchase price
from the date of sale to the date of redemption. Such
payment shall invalidate the certificate of sale issued to
the purchaser and the owner of the delinquent real
property or person having legal interest therein shall be
entitled to a certificate of redemption which shall be
issued by the local treasurer or his deputy.
From the date of sale until the expiration of the period of
redemption, the delinquent real property shall remain in
possession of the owner or person having legal interest
therein who shall be entitled to the income and other
fruits thereof.
The local treasurer or his deputy, upon receipt from the
purchaser of the certificate of sale, shall forthwith return
to the latter the entire amount paid by him plus interest
of not more than two percent (2%) per month.
Thereafter, the property shall be free from lien of such
delinquent tax, interest due thereon and expenses of
sale.
Section 262. Final Deed to Purchaser. - In case the owner
or person having legal interest fails to redeem the
delinquent property as provided herein, the local
treasurer shall execute a deed conveying to the
purchaser said property, free from lien of the delinquent
tax, interest due thereon and expenses of sale. The deed
shall briefly state the proceedings upon which the
validity of the sale rests.
Section 263. Purchase of Property By the Local
Government Units for Want of Bidder. - In case there is
no bidder for the real property advertised for sale as
provided herein, the real property tax and the related
interest and costs of sale the local treasurer conducting
the sale shall purchase the property in behalf of the local
government unit concerned to satisfy the claim and
within two (2) days thereafter shall make a report of his
proceedings which shall be reflected upon the records of
his office. It shall be the duty of the Registrar of Deeds
concerned upon registration with his office of any such
declaration of forfeiture to transfer the title of the
forfeited property to the local government unit
concerned without the necessity of an order from a
competent court.
Within one (1) year from the date of such forfeiture, the
taxpayer or any of his representative, may redeem the
property by paying to the local treasurer the full amount
of the real property tax and the related interest and the
costs of sale. If the property is not redeemed as provided
herein, the ownership thereof shall be vested on the local
government unit concerned.
Section 264. Resale of Real Estate Taken for Taxes, Fees,
or Charges. - The sanggunian concerned may, by
ordinance duly approved, and upon notice of not less
than twenty (20) days, sell and dispose of the real
property acquired under the preceding section at public
auction. The proceeds of the sale shall accrue to the
general fund of the local government unit concerned.
Section 265. Further Distraint or Levy. - Levy may be
repeated if necessary until the full amount due, including
all expenses, is collected.
Section 266. Collection of Real Property Tax Through the
Courts. - The local government unit concerned may
enforce the collection of the basic real property tax or
any other tax levied under this Title by civil action in any
court of competent jurisdiction. The civil action shall be
filed by the local treasurer within the period prescribed
in Section 270 of this Code.
Section 267. Action Assailing Validity of Tax Sale. - No
court shall entertain any action assailing the validity or
any sale at public auction of real property or rights
therein under this Title until the taxpayer shall have
deposited with the court the amount for which the real
property was sold, together with interest of two percent
(2%) per month from the date of sale to the time of the
institution of the action. The amount so deposited shall
be paid to the purchaser at the auction sale if the deed is
declared invalid but it shall be returned to the depositor if
the action fails.
Neither shall any court declare a sale at public auction
invalid by reason or irregularities or informalities in the
proceedings unless the substantive rights of the
delinquent owner of the real property or the person
having legal interest therein have been impaired.
Section 268. Payment of Delinquent Taxes on Property
Subject of Controversy. - In any action involving the
ownership or possession of, or succession to, real
property, the court may, motu propio or upon
representation of the provincial, city, or municipal
treasurer or his deputy, award such ownership,
possession, or succession to any party to the action upon
payment to the court of the taxes with interest due on the
property and all other costs that may have accrued, subject
to the final outcome of the action.
Section 269. Treasurer to Certify Delinquencies
Remaining Uncollected. - The provincial, city or municipal
treasurer or their deputies shall prepare a certified list of
all real property tax delinquencies which remained
uncollected or unpaid for at least one (1) year in his
jurisdiction, and a statement of the reason or reasons for
such non-collection or non-payment, and shall submit
the same to the sanggunian concerned on or before
December thirty-first (31st) of the year immediately
succeeding the year in which the delinquencies were
incurred, with a request for assistance in the enforcement
of the remedies for collection provided herein.
Section 270. Periods Within Which To Collect Real
Property Taxes. - The basic real property tax and any other
tax levied under this Title shall be collected within five (5)
years from the date they become due. No action for the
collection of the tax, whether administrative or judicial,
shall be instituted after the expiration of such period. In
case of fraud or intent to evade payment of the tax, such
action may be instituted for the collection of the same
within ten (10) years from the discovery of such fraud or
intent to evade payment.
The period of prescription within which to collect shall be
suspended for the time during which:
(1) The local treasurer is legally prevented from collecting
the tax;
(2) The owner of the property or the person having legal
interest therein requests for reinvestigation and executes
a waiver in writing before the expiration of the period
within which to collect; and
(3) The owner of the property or the person having legal
interest therein is out of the country or otherwise cannot
be located.
CHAPTER VII Disposition of Proceeds
Section 271. Distribution of Proceeds. - The proceeds of
the basic real property tax, including interest thereon, and
proceeds from the use, lease or disposition, sale or
redemption of property acquired at a public auction in
accordance with the provisions of this Title by the province
or city or a municipality within the Metropolitan Manila
Area shall be distributed as follows:
(a) In the case of provinces:
(1) Province - Thirty-five percent (35%) shall accrue to the
general fund;
(2) Municipality - Forty percent (40%) to the general fund
of the municipality where the property is located; and
(3) Barangay - Twenty-five percent (25%) shall accrue to
the barangay where the property is located.
(b) In the case of cities:
(1) City - Seventy percent (70%) shall accrue to the
general fund of the city; and
(2) Thirty percent (30%) shall be distributed among the
component barangays of the cities where the property is
located in the following manner:
(i) Fifty percent (50%) shall accrue to the barangay where
the property is located;
(ii) Fifty percent (50%) shall accrue equally to all
component barangays of the city; and
(c) In the case of a municipality within the Metropolitan
Manila Area:
(1) Metropolitan Manila Authority - Thirty-five percent
(35%) shall accrue to the general fund of the authority;
(2) Municipality - Thirty-five percent (35% shall accrue to
the general fund of the municipality where the property
is located;
(3) Barangays - Thirty percent (30%) shall be distributed
among the component barangays of the municipality
where the property is located in the following manner:
(i) Fifty percent (50%) shall accrue to the barangay where
the property is located;
(ii) Fifty percent (50%) shall accrue equally to all
component barangays of the municipality.
(d) The share of each barangay shall be released, without
need of any further action, directly to the barangay
treasurer on a quarterly basis within five (5) days after the
end of each quarter and shall not be subject to any lien or
holdback for whatever purpose.
Section 272. Application of Proceeds of the Additional
One Percent SEF Tax. - The proceeds from the additional
one percent (1%) tax on real property accruing to the
Special Education Fund (SEF) shall be automatically
released to the local school boards: Provided, That, in
case of provinces, the proceeds shall be divided equally
between the provincial and municipal school boards:
Provided, however, That the proceeds shall be allocated
for the operation and maintenance of public schools,
construction and repair of school buildings, facilities and
equipment, educational research, purchase of books and
periodicals, and sports development as determined and
approved by the Local School Board.
Section 273. Proceeds of the Tax on Idle Lands. - The
proceeds of the additional real property tax on idle lands
shall accrue to the respective general fund of the
province or city where the land is located. In the case of a
municipality within the Metropolitan Manila Area, the
proceeds shall accrue equally to the Metropolitan Manila
Authority and the municipality where the land is located.
Section 274. Proceeds of the Special Levy. - The proceeds
of the special levy on lands benefited by public works,
projects and other improvements shall accrue to the
general fund of the local government unit which
financed such public works, projects or other
improvements.
CHAPTER VIII Special Provisions
Section 275. General Assessment Revision; Expenses
Incident Thereto. - The sanggunian of provinces, cities
and municipalities within the Metropolitan Manila Area
shall provide the necessary appropriations to defray the
expenses incident to the general revision of real property
assessment.
All expenses incident to a general revision of real property
assessment shall, by ordinance of the sangguniang
panlalawigan, be apportioned between the province and
the municipality on the basis of the taxable area of the
municipality concerned.
Section 276. Condonation or Reduction of Real Property
Tax and Interest. - In case of a general failure of crops or
substantial decrease in the price of agricultural or
agribased products, or calamity in any province, city or
municipality, the sanggunian concerned, by ordinance
passed prior to the first (1st) day of January of any year
and upon recommendation of the Local Disaster
Coordinating Council, may condone or reduce, wholly or
partially, the taxes and interest thereon for the
succeeding year or years in the city or municipality
affected by the calamity.
Section 277. Condonation or Reduction of Tax by the
President of the Philippines. - The President of the
Philippines may, when public interest so requires,
condone or reduce the real property tax and interest for
any year in any province or city or a municipality within
the Metropolitan Manila Area.
Section 278. Duty of Registrar of Deeds and Notaries
Public to Assist the Provincial, City or Municipal Assessor.
- It shall be the duty of the Registrar of Deeds and
notaries public to furnish the provincial, city or municipal
assessor with copies of all contracts selling, transferring,
or otherwise conveying, leasing, or mortgaging real
property received by, or acknowledged before them.
Section 279. Insurance Companies to Furnish
Information. - Insurance companies are hereby required
to furnish the provincial, city or municipal assessor
copies of any contract or policy insurance on buildings,
structures, and improvements insured by them or such
other documents which may be necessary for the proper
assessment thereof.
Section 280. Fees in Court Actions. - All court actions,
criminal or civil, instituted at the instance of the
provincial, city or municipal treasurer or assessor under
the provisions of this Code, shall be exempt from the
payment of court and sheriff's fees.
Section 281. Fees in Registration of Papers or Documents
on Sale of Delinquent Real Property to Province, City or
Municipality. - All certificates, documents, and papers
covering the sale of delinquent property to the province,
city or municipality, if registered in the Registry of
Property, shall be exempt from the documentary stamp
tax and registration fees.
Section 282. Real Property Assessment Notices or
Owner's Copies of Tax Declarations to be Exempt from
Postal Charges or Fees. - All real property assessment
notices or owner's copies of tax declaration sent through
the mails by the assessor shall be exempt from the
payment of postal charges or fees.
Section 283. Sale and Forfeiture Before Effectivity of
Code. - Tax delinquencies incurred, and sales and
forfeitures of delinquent real property effected, before
the effectivity of this Code shall be governed by the
provisions of applicable laws then in force.
TITLE III SHARES OF LOCAL GOVERNMENT
UNITS IN THE PROCEEDS OF NATIONAL
TAXES
CHAPTER I Allotment of Internal Revenue
Section 284. Allotment of Internal Revenue Taxes. - Local
government units shall have a share in the national
internal revenue taxes based on the collection of the
third fiscal year preceding the current fiscal year as
follows:
(a) On the first year of the effectivity of this Code, thirty
percent (30%);
(b) On the second year, thirty-five percent (35%); and
(c) On the third year and thereafter, forty percent (40%).
Provided, That in the event that the national
government incurs an unmanageable public sector
deficit, the President of the Philippines is hereby
authorized, upon the recommendation of Secretary of
Finance, Secretary of Interior and Local Government and
Secretary of Budget and Management, and subject to
consultation with the presiding officers of both Houses
of Congress and the presidents of the "liga",
to make the necessary adjustments in the internal
revenue allotment of local government units but in no
case shall the allotment be less than thirty percent (30%)
of the collection of national internal revenue taxes of the
third fiscal year preceding the current fiscal year:
Provided, further, That in the first year of the effectivity
of this Code, the local government units shall, in addition
to the thirty percent (30%) internal revenue allotment
which shall include the cost of devolved functions for
essential public services, be entitled to receive the
amount equivalent to the cost of devolved personal
services.
Section 285. Allocation to Local Government Units. - The
share of local government units in the internal revenue
allotment shall be collected in the following manner:
(a) Provinces - Twenty-three percent (23%);
(b) Cities - Twenty-three percent (23%);
(c) Municipalities - Thirty-four percent (34%); and
(d) Barangays - Twenty percent (20%)
corporation engaged in the utilization and development
Provided, however, That the share of each province, city,
of the national wealth based on the following formula
and municipality shall be determined on the basis of the
whichever will produce a higher share for the local
following formula:
government unit:
(a) Population - Fifty percent (50%);
(a) One percent (1%) of the gross sales or receipts of the
(b) Land Area - Twenty-five percent (25%); and
preceding calendar year; or
(c) Equal sharing - Twenty-five percent (25%)
(b) Forty percent (40%) of the mining taxes, royalties,
Provided, further, That the share of each barangay with a
forestry and fishery charges and such other taxes, fees or
population of not less than one hundred (100) inhabitants
charges, including related surcharges, interests, or fines
shall not be less than Eighty thousand (P80,000.00) per
the government agency or government owned or
annum chargeable against the twenty percent (20%)
controlled corporation would have paid if it were not
share of the barangay from the internal revenue
otherwise exempt.
allotment, and the balance to be allocated on the basis of
Section 292. Allocation of Shares. - The share in the
the following formula:
preceding Section shall be distributed in the following
(a) On the first year of the effectivity of this Code:
manner:
(1) Population - Forty percent (40%); and
(a) Where the natural resources are located in the
(2) Equal sharing - Sixty percent (60%)
province:
(b) On the second year:
(1) Province - Twenty percent (20%);
(1) Population - Fifty percent (50%); and
(2) Component City/Municipality - Forty-five percent
(2) Equal sharing - Fifty percent (50%)
(45%); and
(c) On the third year and thereafter:
(3) Barangay - Thirty-five percent (35%)
(1) Population - Sixty percent (60%); and
Provided, however, That where the natural resources
(2) Equal sharing - Forty percent (40%).
are located in two (2) or more provinces, or in two (2) or
Provided, finally, That the financial requirements of
more component cities or municipalities or in two (2) or
barangays created by local government units after the
more barangays, their respective shares shall be
effectivity of this Code shall be the responsibility of the
computed on the basis of:
local government unit concerned.
(1) Population - Seventy percent (70%); and
Section 286. Automatic Release of Shares. -
(2) Land area - Thirty percent (30%)
(a) The share of each local government unit shall be
(b) Where the natural resources are located in a highly
released, without need of any further action, directly to
urbanized or independent component city:
the provincial, city, municipal or barangay treasurer, as
(1) City - Sixty-five percent (65%); and
the case may be, on a quarterly basis within five (5) days
(2) Barangay - Thirty-five percent (35%)
after the end of each quarter, and which shall not be
Provided, however, That where the natural resources
subject to any lien or holdback that may be imposed by are located in such two (2) or more cities, the allocation
the national government for whatever purpose. of shares shall be based on the formula on population
(b) Nothing in this Chapter shall be understood to and land area as specified in paragraph (a) of this
diminish the share of local government units under Section.
existing laws.
Section 293. Remittance of the Share of Local
Section 287. Local Development Projects. - Each local Government Units. - The share of local government units
government unit shall appropriate in its annual budget from the utilization and development of national wealth
no less than twenty percent (20%) of its annual internal shall be remitted in accordance with Section 286 of this
revenue allotment for development projects. Copies of Code: Provided, however, That in the case of any
the development plans of local government units shall government agency or government-owned or controlled
be furnished the Department of Interior and Local corporation engaged in the utilization and development
Government. of the national wealth, such share shall be directly
Section 288. Rules and Regulations. - The Secretary of remitted to the provincial, city, municipal or barangay
Finance, in consultation with the Secretary of Budget treasurer concerned within five (5) days after the end of
and Management, shall promulgate the necessary rules each quarter.
and regulations for a simplified disbursement scheme
Section 294. Development and Livelihood Projects. - The
designed for the speedy and effective enforcement of proceeds from the share of local government units
the provisions of this Chapter. pursuant to this chapter shall be appropriated by their
respective sanggunian to finance local government and
CHAPTER II Share of Local Government Units in livelihood projects: Provided, however, That at least
the National Wealth eighty percent (80%) of the proceeds derived from the
development and utilization of hydrothermal.
geothermal, and other sources of energy shall be applied
Section 289. Share in the Proceeds from the solely to lower the cost of electricity in the local
Development and Utilization of the National Wealth. - government unit where such a source of energy is
Local government units shall have an equitable share in located.
the proceeds derived from the utilization and
development of the national wealth within their
respective areas, including sharing the same with the TITLE IV Credit Financing
inhabitants by way of direct benefits.
Section 295. Scope. - This Title shall govern the power of
Section 290. Amount of Share of Local Government
local government units to create indebtedness and to
Units. - Local government units shall, in addition to the
enter into credit and other financial transactions.
internal revenue allotment, have a share of forty percent
Section 296. General Policy. -
(40%) of the gross collection derived by the national
(a) It shall be the basic policy that any local government
government from the preceding fiscal year from mining
unit may create indebtedness, and avail of credit
taxes, royalties, forestry and fishery charges, and such
facilities to finance local infrastructure and other socio-
other taxes, fees, or charges, including related surcharges,
economic development projects in accordance with the
interests, or fines, and from its share in any co-
approved local development plan and public investment
production, joint venture or production sharing agreement
program.
in the utilization and development of the national wealth
(b) A local government unit may avail of credit lines from
within their territorial jurisdiction.
government or private banks and lending institutions for
Section 291. Share of the Local Governments from any the purpose of stabilizing local finances.
Government Agency or Owned or Controlled
Section 297. Loans, Credits, and Other Forms of
Corporation.
Indebtedness of Local Government Units. -
- Local government units shall have a share based on the
(a) A local government unit may contract loans, credits,
preceding fiscal year from the proceeds derived by any
and other forms of indebtedness with any government or
government agency or government-owned or controlled
domestic private bank and other lending institutions to
finance the construction, installation, improvement,
expansion, operation, or maintenance of public facilities,
Section 302. Financing, Construction, Maintenance,
infrastructure facilities, housing projects, the acquisition
Operation, and Management of Infrastructure Projects
of real property, and the implementation of other capital
by the Private Sector. -
investment projects, subject to such terms and
(a) Local government units may enter into contracts with
conditions as may be agreed upon by the local
any duly prequalified individual contractor, for the
government unit and the lender. The proceeds from
financing, construction, operation, and maintenance of
such transactions shall accrue directly to the local
any financially viable infrastructure facilities, under the
government unit concerned.
build-operate-transfer agreement, subject to the
(b) A local government unit may likewise secure from any
applicable provisions of Republic Act Numbered Sixty-
government bank and lending institution short, medium
nine hundred fifty-seven (R.A. No. 6957) authorizing the
and long-term loans and advances against security of real
financing, construction, operation and maintenance of
estate or other acceptable assets for the establishment,
infrastructure projects by the private sector and the rules
development, or expansion of agricultural, industrial,
and regulations issued thereunder and such terms and
commercial, house financing projects, livelihood projects,
conditions provided in this Section.
and other economic enterprises.
(b) Local government units shall include in their
(c) Government financial and other lending institutions
respective local development plans and public
are hereby authorized to grant loans, credits, and other
investment programs priority projects that may be
forms of indebtedness out of their loanable funds to
financed, constructed, operated and maintained by the
local government units for purposes specified above.
private sector under this Section. It shall be the duty of
Section 298. Deferred-Payment and other Financial
the local government unit concerned to disclose to the
Schemes. - Provincial, city and municipal governments
public all projects eligible for financing under this
may likewise acquire property, plant, machinery,
Section, including official notification of duly registered
equipment, and such necessary accessories under a
contractors and publications in newspapers of general or
supplier's credit, deferred payment plan, or either
local circulation and in conspicuous and accessible public
financial scheme.
places. Local projects under the
Section 299. Bonds and Other Long-Term Securities. -
build-operate-and-transfer agreement shall be
Subject to the rules and regulations of the Central Bank
confirmed by the local development councils.
and the Securities and Exchange Commission, provinces,
(c) Projects implemented under this Section shall be
cities, and municipalities are hereby authorized to issue
subject to the following terms and conditions:
bonds, debentures, securities, collaterals, notes and other
(1) The provincial, city or municipal engineer, as the case
obligations to finance self-liquidating, income-producing
may be, upon formal request in writing by the local chief
development or livelihood projects pursuant to the
executive, shall prepare the plans and specifications for
priorities established in the approved local development
the proposed projects, which shall be submitted to the
plan or the public investment program. The sanggunian
sanggunian for approval.
concerned shall, through an ordinance approved by a
(2) Upon approval by the sanggunian of the project plans
majority of all its members, declare and state the terms
and specifications, the provincial, city, or municipal
and conditions of the bonds and the purpose for which
engineer shall, as the case may be, cause to be published
the proposed indebtedness is to be incurred.
once every week, for two (2) consecutive weeks in at least
Section 300. Inter-Local Government Loans, Grants, and
one (1) local newspaper which is circulated in the region,
Subsidies. - Provinces, cities, and municipalities may,
province, city or municipality in which the project is to be
upon approval of the majority of all members of the
implemented, a notice inviting all duly qualified contractors
sanggunian concerned and in amounts not exceeding
to participate in a public bidding for the projects so
their surplus funds, extend loans, grants, or subsidies to
approved. The conduct of public bidding and award of
other local government units under such terms and
contracts for local government projects under this Section
conditions as may be agreed upon by the contracting
shall be in accordance with this Code and other applicable
parties.
laws, rules and regulations.
Local government units may, upon approval of their
In the case of a build-operate-and-transfer agreement,
respective sanggunian, jointly or severally contract
the contract shall be awarded to the lowest complying
loans, credits, and other forms of indebtedness for
bidder whose offer is deemed most advantageous to the
purposes mutually beneficial to them.
local government and based on the present value of its
Section 301. Loans from Funds Secured by the National
proposed tolls, fees, rentals, and charges over a fixed term
Government from Foreign Sources. -
for the facility to be constructed, operated, and
(a) The President, or his duly authorized representative,
maintained according to the prescribed minimum design
may, through any government financial or other lending
and performance standards, plans, and specifications. For
institution, relend to any province, city, municipality, or
this purpose, the winning contractor shall be
barangay, the proceeds of loans contracted with foreign
automatically granted by the local government unit
financial institutions or other international funding
concerned the franchise to operate and maintain the
agencies for the purpose of financing the construction,
facility, including the collection of tolls, fees, rentals, and
installation, improvement, expansion, operation, or
charges in accordance with subsection (c-4) hereof.
maintenance of public utilities and facilities,
In the case of a build-operate-and-transfer agreement,
infrastructure facilities, or housing projects, the the contract shall be awarded to the lowest complying
acquisition of real property, and the implementation of bidder based on the present value of its proposed
other capital investment projects, subject to such terms schedule of amortization payments for the facility to be
and conditions as may be agreed upon by the President constructed according to the prescribed minimum
and the local government unit. The proceeds from such design and performance standards, plans, and
loans shall accrue directly to the local government specifications.
concerned. (3) Any contractor who shall undertake the prosecution of
(b) The President may likewise authorize the relending to
any project under this Section shall post the required
local government units the proceeds of grants secured
bonds to protect the interest of the province, city, or
from foreign sources, subject to the provisions of
municipality, in such amounts as may be fixed by the
existing laws and the applicable grant agreements. (c)
sanggunian concerned and the provincial, city or
Repayment or amortization of loans including accrued
municipal engineer shall not, as the case may be, allow
interest thereon, may be financed partly from the
any contractor to initiate the prosecution of projects
income of the projects or services and from the regular
under this Section unless such contractor presents proof
income of the local government unit, which must be
or evidence that he has posted the required bond.
provided for and appropriated regularly in its annual
(4) The contractor shall be entitled to a reasonable return
budget until the loan and the interest thereon shall have
of its investment in accordance with its bid proposal as
been fully paid.
accepted by the local government unit concerned.
In the case of a build-operate-and-transfer agreement,
the repayment shall be made by authorizing the
contractor to charge and collect reasonable tolls, fees,
rentals, and charges for the use of the project facility not
exceeding those proposed in the bid and incorporated in
the contract: Provided, That the local government unit
concerned shall, based on reasonableness and equity,
approve the tolls, fees, rentals and charges: Provided,
further, That the imposition and collection of tolls, fees,
rentals and charges shall be for a fixed period as
proposed in the bid and incorporated in the contract
which shall in no case exceed fifty (50) years: Provided,
finally, That during the lifetime of the contract, the
contractor shall undertake the necessary maintenance
and repair of the facility in accordance with standards
prescribed in the bidding documents and in the contract.
In the case of a build-operate-and-transfer agreement,
the repayment shall be made through amortization
payments in accordance with the schedule proposed in
the bid and incorporated in the contract.
In case of land reclamation or construction of industrial
estates, the repayment plan may consist of the grant of a
portion or percentage of the reclaimed land or the
industrial estate constructed.
(5) Every infrastructure project undertaken under this
Section shall be constructed, operated, and maintained
by the contractor under the technical supervision of the
local government unit and in accordance with the plans,
specifications, standards, and costs approved by it.
(d) The provincial, city, or municipal legal officer shall, as
the case may be, review the contracts executed pursuant
to this Section to determine their legality, validity,
enforceability and correctness of form.
Section 303. Remedies and Sanctions. - Local
government unit shall appropriate in their respective
annual budgets such amounts as are sufficient to pay the
loans and other indebtedness incurred or redeem or
retire bonds, debentures, securities, notes and other
obligations issued under this Title: Provided, That failure
to provide the appropriations herein required shall render
their annual budgets inoperative.
TITLE V Local Fiscal Administration
CHAPTER I General Provisions
Section 304. Scope. - This Title shall govern the conduct
and management of financial affairs, transactions, and
operations of provinces, cities, municipalities, and
barangays.
Section 305. Fundamental Principles. - The financial
affairs, transactions, and operations of local government
units shall be governed by the following fundamental
principles:
(a) No money shall be paid out of the local treasury except
in pursuance of an appropriations ordinance or law;
(b) Local government funds and monies shall be spent
solely for public purposes;
(c) Local revenue is generated only from sources expressly
authorized by law or ordinance, and collection thereof shall
at all times be acknowledged properly;
(d) All monies officially received by a local government
officer in any capacity or on any occasion shall be
accounted for as local funds, unless otherwise provided
by law;
(e) Trust funds in the local treasury shall not be paid out
except in fulfillment of the purpose for which the trust
was created or the funds received;
(f) Every officer of the local government unit whose duties
permit or require the possession or custody of local funds
shall be properly bonded, and such officer shall be
accountable and responsible for said funds and for the
safekeeping thereof in conformity with the provisions of
law;
(g) Local governments shall formulate sound financial
plans, and local budgets shall be based on functions,
activities, and projects, in terms of expected results;
(h) Local budget plans and goals shall, as far as
practicable, be harmonized with national development
plans, goals, and strategies in order to optimize the
utilization of resources and to avoid duplication in the
use of fiscal and physical resources;
(i) Local budgets shall operationalize approved local
development plans;
(j) Local government units shall ensure that their
respective budgets incorporate the requirements of
their component units and provide for equitable
allocation of resources among these component units;
(k) National planning shall be based on local planning to
ensure that the needs and aspirations of the people as
articulated by the local government units in their
respective local development plans are considered in the
formulation of budgets of national line agencies or
offices;
(l) Fiscal responsibility shall be shared by all those
exercising authority over the financial affairs, transactions,
and operations of the local government units; and
(m) The local government unit shall endeavor to have a
balanced budget in each fiscal year of operation.
Section 306. Definitions. - When used in this Title, the
term -
(a) "Annual Budget" refers to a financial plan embodying
the estimates of income and expenditures for one (1)
fiscal year;
(b) "Appropriation" refers to an authorization made by
ordinance, directing the payment of goods and services
from local government funds under specified conditions
or for specific purposes;
(c) "Budget Document" refers to the instrument used by
the local chief executive to present a comprehensive
financial plan to the sanggunian concerned;
(d) "Capital Outlays" refers to appropriations for the
purchase of goods and services, the benefits of which
extend beyond the fiscal year and which add to the assets
of the local government unit concerned, including
investments in public utilities such as public markets and
slaughterhouses;
(e) "Continuing Appropriation" refers to an appropriation
available to support obligations for a specified purpose or
projects, such as those for the construction of physical
structures or for the acquisition of real property or
equipment, even when these obligations are incurred
beyond the budget year;
(f) "Current Operating Expenditures" refers to
appropriations for the purchase of goods and services for
the conduct of normal local government operations
within the fiscal year, including goods and services that
will be used or consumed during the budget year;
(g) "Expected Results" refers to the services, products, or
benefits that shall accrue to the public, estimated in
terms of performance measures or physical targets;
(h) "Fund" refers to a sum of money, or other assets
convertible to cash, set aside for the purpose of carrying
out specific activities or attaining certain objectives in
accordance with special regulations, restrictions, or
limitations, and constitutes as independent fiscal and
accounting entity;
(i) "Income" refers to all revenues and receipts collected
or received forming the gross accretions of funds of the
local government unit;
(j) "Obligations" refers to an amount committed to be
paid by the local government unit for any lawful act made
by an accountable officer for and in behalf of the local
unit concerned;
(k) "Personal Services" refers to appropriations for the
payment of salaries, wages and other compensation of
permanent, temporary, contractual, and casual
employees of the local government unit;
(l) "Receipts" refers to income realized from operations
and activities of the local government or are received by it
in the exercise of its corporate functions, consisting of
charges for services rendered, conveniences furnished, or
the price of a commodity sold, as well as loans,
contributions or aids from other entities, except
provisional advances for budgetary purposes; and
(m) "Revenue" refers to income derived from the regular
system of taxation enforced under authority of law or
ordinance, and, as such, accrue more or less regularly
every year.
CHAPTER II Local and Other Special Funds
ARTICLE I Receipts, Safekeeping Article and Disposition
of Local Funds
Section 307. Remittance of Government Monies to the
Local Treasury. - Officers of local government authorized
to receive and collect monies arising from taxes,
revenues, or receipts of any kind shall remit the full
amount received and collected to the treasury of such
local government unit which shall be credited to the
particular account or accounts to which the monies in
question properly belong.
Section 308. Local Funds. - Every local government unit
shall maintain a General Fund which shall be used to
account for such monies and resources as may be
received by and disbursed from the local treasury. The
General Fund shall consist of monies and resources of the
local government which are available for the payment of
expenditures, obligations or purposes not specifically
declared by law as accruing and chargeable to, or payable
from, any other fund.
Section 309. Special Funds. - There shall be maintained
in every provincial, city, or municipal treasury the
following special funds:
(a) Special Education Fund (SEF) shall consist of the
respective shares of provinces, cities, municipalities and
barangays in the proceeds of the additional tax on real
property to be appropriated for purposes prescribed in
Section 272 of this Code; and
(b) Trust Funds shall consist of private and public monies
which have officially come into the possession of the local
government or of a local government official as trustee,
agent or administrator, or which have been received as a
guaranty for the fulfillment of some obligation. A trust
fund shall only be used for the specific purpose for which
it was created or for which it came into the possession of
the local government unit.
Section 310. Separation of Books and Depository
Accounts. - Local accountants and treasurers shall
maintain separate books and depository accounts,
respectively, for each fund in their custody or
administration under such rules and regulations as the
Commission on Audit may prescribe.
Section 311. Depository Accounts. - Local treasurers shall
maintain depository accounts in the name of their
respective local government units with banks, preferably
government-owned, located in or nearest to their
respective areas of jurisdiction. Earnings of each
depository account shall accrue exclusively thereto.
Section 312. Separation of Personal Money from Public
Funds. - Local treasurers and other accountable officers
shall keep monies separate and distinct from local public
funds in their custody and shall not make profit out of
public money or otherwise apply the same to any use
not authorized by law or ordinance.
ARTICLE II Special Accounts
Section 313. Special Accounts to be Maintained in the
General Fund. - Local government units shall maintain
special accounts in the general fund for the following:
(a) Public utilities and other economic enterprises;
(b) Loans, interests, bond issues, and other contributions
for specific purposes; and
(c) Development projects funded from the share of the
local government unit concerned in the internal revenue
allotment and such other special accounts which may be
created by law or ordinance.
Receipts, transfers, and expenditures involving the
foregoing special accounts shall be properly taken up
thereunder.
Profits or income derived the operation of public utilities
and other economic enterprises, after deduction for the
cost of improvement, repair and other related expenses of
the public utility or economic enterprise concerned, shall
first be applied for the return of the advances or loans
made therefor. Any excess shall form part of the general
fund of the local government unit concerned.
CHAPTER III Budgeting
ARTICLE I Local Government Budgets
Section 314. Form and Content. -
(a) Local government budgets shall primarily consists of
two (2) parts:
(1) The estimates of income; and
(2) The total appropriations covering the current
operating expenditures and capital outlays.
(b) The budget document shall contain:
(1) A budget message of the local chief executive setting
forth in brief the significance of the executive budget,
particularly in relation to the approved local development
plan;
(2) A brief summary of the functions, projects, and
activities to be accomplished in pursuit of the goals and
objectives of the local government unit for the ensuing
fiscal year, specifically the delivery of basic services or
facilities enumerated under Section 17 of this Code;
(3) Summary of financial statements setting forth:
(i) The actual income and expenditures during the
immediately preceding year;
(ii) The actual income and expenditures of the first two
(2) quarters and the estimates of income and
expenditures for the last two (2) quarters of the current
fiscal year;
(iii) The estimates of income for the ensuing fiscal year
from ordinances and laws existing at the time the
proposed budget is transmitted, together with other
proposals;
(iv) The estimated expenditures necessary to carry out
the functions, projects, and activities of the local
government unit for the ensuing fiscal year;
(v) All essential facts regarding the bonded and other
long-term obligations and indebtedness of the local
government unit, if any;
(vi) Summary statement of all statutory and contractual
obligations due; and
(vii) Such other financial statements and data as are
deemed necessary or desirable in order to disclose in all
practicable detail the financial condition of the local
government unit.
Section 315. Submission of Detailed Statements of
Income and Expenditures. - (a) On or before the fifteenth
(15th) day of July of each year, local treasurers shall
submit to their respective local chief executives a
certified statement, covering the income and
expenditures of the preceding fiscal year, the actual
income and expenditures of the first two (2) quarters of
the current year, and the estimated income and
expenditures for the last two (2) quarters of the current
year.
Section 316. Local Finance Committee. - There is hereby
created in every province, city or municipality a local
finance committee to be composed of the local planning
and development officer, the local budget officer, and
the local treasurer. It shall exercise the following
functions:
(a) Determine the income reasonably projected as
collectible for the ensuing fiscal year;
(b) Recommend the appropriate tax and other revenue
measures or borrowings which may be appropriate to
support the budget;
(c) Recommend to the local chief executive concerned
the level of the annual expenditures and the ceilings of
spending for economic, social, and general services
based on the approved local development plans;
(d) Recommend to the local chief executive concerned
the proper allocation of expenditures for each
development activity between current operating
expenditures and capital outlays;
(e) Recommend to the local chief executive concerned
criminal and administrative penalties as provided for
the amount to be allocated for capital outlay under each
under this Code and other applicable laws.
development activity or infrastructure project;
Section 319. Legislative Authorization of the Budget. -
(f) Assist the sangguniang panlalawigan in the review and
On or before the end of the current fiscal year, the
evaluation of budget of component cities and
sanggunian concerned shall, through an ordinance, the
municipalities in the case of provincial finance
annual budget of the local government unit for the
committee, the barangay budgets in the case of city or
ensuing fiscal year on the basis of the estimates of
municipal finance committee, and recommend the
income and expenditures submitted by the local chief
appropriate action thereon;
executive.
(g) Assist the sanggunian concerned in the analysis and
Section 320. Effectivity of Budgets. - The ordinance
review of annual regular and supplemental budgets of
enacting the annual budget shall take effect at the
the respective local government unit to determine
beginning of the ensuing calendar year. An ordinance
compliance with statutory and administrative
enacting a supplemental budget, however, shall take
requirements; and
effect upon its approval or on the date fixed therein.
(h) Conduct semi-annual review and general examination
The responsibility for the execution of the annual and
of cost and accomplishments against performance
supplemental budgets and the accountability therefor
standards applied in undertaking development projects.
shall be vested primarily in the local chief executive
A copy of this report shall be furnished the local chief
concerned.
executive and the sanggunian concerned, and shall be
Section 321. Changes in the Annual Budget. - All
posted in conspicuous and publicly accessible places in
budgetary proposals shall be included and considered in
the provinces, cities, municipalities and barangays.
the budget preparation process. After the local chief
Section 317. Submission of Budget Proposals by Heads or
executive concerned shall have submitted the executive
Departments or Offices. -
budget to the sanggunian, no ordinance providing for a
(a) Each head of department or office shall submit a
supplemental budget shall be enacted, except when
budget proposal for his department or office to the local
supported by funds actually available as certified by the
chief executive on or before the fifteenth (15th) of July
local treasurer or by new revenue sources.
of each year: Provided, That the budget proposal of each
A supplemental budget may also be enacted in times of
department of office shall be categorized under either
public calamity by way of budgetary realignment to set
economic, social or general services: Provided, further,
aside appropriations for the purchase of supplies and
That each service shall be covered by the budget of at
materials or the payment of services which are
least one (1) department or office of the local
exceptionally urgent or absolutely indispensable to
government unit concerned.
prevent imminent danger to, or loss of, life or property, in
The said budget proposal shall be prepared in
the jurisdiction of the local government unit or in other
accordance with such policy and program guidelines as
areas declared by the President in a state of calamity.
the local chief executive concerned may issue in
Such ordinance shall clearly indicate the sources of funds
conformity with the local development plan, the
available for appropriations, as certified under oath by the
budgetary ceilings prescribed by the local finance
local treasurer and local accountant and attested by the
committee, and the general requirements prescribed in
local chief executive, and the various items of
this Title.
appropriations affected and the reasons for the change.
(b) Budget proposals of departments or offices shall be
Section 322. Reversion of Unexpended Balances of
divided into two (2) primary categories, namely: the
Appropriations, Continuing Appropriations. -
current operating expenditures and the capital outlays.
Unexpended balances of appropriations authorized in the
Such budget proposals shall contain the following
annual appropriations ordinance shall revert to the
information:
unappropriated surplus of the general fund at the end of
(1) Objectives, functions, and projects showing the
the fiscal year and shall not thereafter be available for the
general character and relative importance of the work to
expenditure except by subsequent enactment. However,
be accomplished or the services to be rendered, and the
appropriations for capital outlays shall continue and
cost thereof;
remain valid until fully spent, reverted or the project is
(2) Organizational charts and staffing patterns indicating
completed. Reversions of continuing appropriations shall
the list of plantilla positions with their corresponding
not be allowed unless obligations therefor have been fully
salaries, and proposals for reclassification of positions
paid or otherwise settled.
and salary changes, as well as the creation of new
The balances of continuing appropriations shall be
positions with their proposed salary grade, duly
reviewed as part of the annual budget preparation and
supported by proper justification;
the sanggunian concerned may approve, upon
(3) Brief description of the functions, projects and
recommendation of the local chief executive, the
activities for the ensuing fiscal year, expected results for
reversion of funds no longer needed in connection with
each function, project and activity, and the nature of
the activities funded by said continuing appropriations
work to be performed, including the objects of
subject to the provisions of this Section.
expenditures for each function, project and activity;
Section 323. Failure to Enact the Annual Appropriations.
(4) Relation of the work and financial proposals to - In case the sanggunian concerned fails to pass the
approved local development plans; ordinance authorizing the annual appropriations at the
(5) Estimated current operating expenditures and capital beginning of the ensuing fiscal year, it shall continue to
outlays with comparative data for the last two (2) hold sessions, without additional remuneration for its
preceding, current, and ensuing fiscal years; and members, until such ordinance is approved, and no other
(6) Accomplishment reports for the last two (2) business may be taken up during such sessions. If the
preceding and current fiscal years. sanggunian still fails to enact such ordinance after
Section 318. Preparation of the Budget by the Local ninety
Chief Executive. - Upon receipt of the statements of
(90) days from the beginning of the fiscal year, the
income and expenditures from the treasurer, the budget ordinance authorizing the appropriations of the
proposals of the heads of departments and offices, and preceding year shall be deemed reenacted and shall
the estimates of income and budgetary ceilings from the remain in force and effect until the ordinance
local finance committee, the local chief executive shall authorizing the proposed appropriations is passed by the
prepare the executive budget for the ensuing fiscal year sanggunian concerned. However, only the annual
in accordance with the provisions of this Title. appropriations for salaries and wages of existing
The local chief executive shall submit the said executive positions, statutory and contractual obligations, and
budget to the sanggunian concerned not later than the essential operating expenses authorized in the annual
sixteenth (16th) of October of the current fiscal year. and supplemental budgets for the preceding year shall
Failure to submit such budget on the date prescribed be deemed reenacted and disbursement of funds shall
herein shall subject the local chief executive to such be in accordance therewith. In the implementation of
such reenacted ordinance, the local treasurer
concerned shall exclude from the
estimates of income for the preceding fiscal year those
realized from nonrecurring sources, like national aids,
proceeds from loans, sale of assets, prior year
adjustments, and other analogous sources of income. No
ordinance authorizing supplemental appropriations shall
be passed in place of the annual appropriations.
In case the revised income estimates be less than the
aggregate reenacted appropriations, the local treasurer
concerned shall accordingly advise the sanggunian
concerned which shall, within ten (10) days from the
receipt of such advice, make the necessary adjustments
or reductions. The revised appropriations authorized by
the sanggunian concerned shall then be the basis for
disbursements.
Section 324. Budgetary Requirements. - The budgets of
local government units for any fiscal year shall comply
with the following requirements:
(a) The aggregate amount appropriated shall not exceed
the estimates of income;
(b) Full provision shall be made for all statutory and
contractual obligations of the local government unit
concerned: Provided, however, That the amount of
appropriations for debt servicing shall not exceed twenty
percent (20%) of the regular income of the local
government unit concerned;
(c) In the case of provinces, cities, and municipalities, aid
to component barangays shall be provided in amounts of
not less than One thousand pesos (P1,000.00) per
barangay; and
(d) Five percent (5%) of the estimated revenue from
regular sources shall be set aside as annual lump sum
appropriations for relief, rehabilitation, reconstruction and
other works or services in connection with calamities which
may occur during the budget year. Provided, however,
That such fund shall be used only in the area, or a portion
thereof, of the local government unit or other areas
affected by a disaster or calamity, as determined and
declared by the local sanggunian concerned.
Calamity shall be defined as a state of extreme distress or
misfortune, produced by some adverse circumstance or
event or any great misfortune or cause or loss or misery
caused by natural forces.
In case of fire or conflagration, the calamity fund shall be
utilized only for relief operations.
"The local development council shall more monitor the
se and disbursement of the calamity fund. (Amending
Sec.
324 (d) of the Local Government Code of 1991, Republic
Act No. 8185, [June 11, 1996])
Section 325. General Limitations. - The use of the
provincial, city, and municipal funds shall be subject to
the following limitations:
(a) The total appropriations, whether annual or
supplemental, for personal services of a local government
unit for one (1) fiscal year shall not exceed forty-five
percent (45%) in the case of first to third class provinces,
cities and municipalities, and fifty-five percent (55%) in
the case of fourth class or lower, of the total annual
income from regular sources realized in the next
preceding fiscal year. The appropriations for salaries,
wages, representation and transportation allowances of
officials and employees of the public utilities and
economic enterprises owned, operated, and maintained
by the local government unit concerned shall not be
included in the annual budget or in the computation of
the maximum amount for personal services. The
appropriations for the personal services of such economic
enterprises shall be charged to their respective budgets;
(b) No official or employee shall be entitled to a salary rate
higher than the maximum fixed for his position or other
positions of equivalent rank by applicable laws or rules
and regulations issued thereunder;
(c) No local fund shall be appropriated to increase or
adjust salaries or wages of officials and employees of the
national government, except as may be expressly
authorized by law;
© Compiled by RGL
(d) In cases of abolition of positions and the creation of
new ones resulting from the abolition of existing
positions in the career service, such abolition or creation
shall be made in accordance with pertinent provisions of
this code and the civil service law, rules and regulations;
(e) Positions in the official plantilla for career positions
which are occupied by incumbents holding permanent
appointments shall be covered by adequate
appropriations;
(f) No changes in designation or nomenclature of
positions resulting in a promotion or demotion in rank or
increase or decrease in compensation shall be allowed,
except when the position is actually vacant, and the
filling of such positions shall be strictly made in
accordance with the civil service law, rules and
regulations;
(g) The creation of new positions and salary increases or
adjustments shall in no case be made retroactive;
(h) The annual appropriations for discretionary purposes
of the local chief executive shall not exceed two percent
(2%) of the actual receipts derived from basic real
property tax in the next preceding calendar year.
Discretionary funds shall be disbursed only for public
purposes to be supported by appropriate vouchers and
subject to such guidelines as may be prescribed by law.
No amount shall be appropriated for the same purpose
except as authorized under this Section.
Section 326. Review of Appropriation Ordinances of
Provinces, Highly-Urbanized Cities, Independent
Component Cities, and Municipalities within the
Metropolitan Manila Area. - The Department of Budget
and Management shall review ordinances authorizing
the annual or supplemental appropriations of provinces,
highly-urbanized cities, independent component cities,
and municipalities within the Metropolitan Manila Area
in accordance with the immediately succeeding Section.
Section 327. Review of Appropriation Ordinances of
Component Cities and Municipalities. - The sangguniang
panlalawigan shall review the ordinance authorizing
annual or supplemental appropriations of component cities
and municipalities in the same manner and within the
same period prescribed for the review of other ordinances.
If within ninety (90) days from receipt of copies of such
ordinance, the sangguniang panlalawigan takes no
action thereon, the same shall be deemed to have been
reviewed in accordance with law and shall continue to be
in full force and effect. If within the same period, the
sangguniang panlalawigan shall have ascertained that
the ordinance authorizing annual or supplemental
appropriations has not complied with the requirements
set forth in this Title, the sangguniang panlalawigan shall,
within the ninety-day period hereinabove prescribed
declare such ordinance inoperative in its entirety or in
part. Items of appropriation contrary to limitations
prescribed in this Title or in excess of the amounts
prescribed herein shall be disallowed or reduced
accordingly.
The sangguniang panlalawigan shall within the same
period advise the sangguniang panlungsod or
sangguniang bayan concerned through the local chief
executive of any action on the ordinance under review.
Upon receipt of such advice, the city or municipal
treasurer concerned shall not make further
disbursements of funds from any of the items of
appropriation declared inoperative, disallowed or
reduced.
Section 328. Duration of Appropriation. - Appropriations
for ordinary administrative purposes not duly obligated
shall terminate with the fiscal year and all unexpended
balances thereof shall be automatically reverted on the
thirty-first (31st) day of December of each year to the
general fund of the local government unit.
ARTICLE II Barangay Budgets
Section 329. Barangay Funds. - Unless otherwise
provided in this Title, all the income of the barangay from
whatever source shall accrue to its general fund and shall,
90 of
at the option of the barangay concerned, be kept as
trust fund in the custody of the city or municipal
treasurer or be deposited in a bank, preferably
government-owned, situated in or nearest to its area of
jurisdiction. Such funds shall be disbursed in accordance
with the provisions of this Title. Ten percent (10%) of the
general fund of the barangay shall be set aside for the
sangguniang kabataan. (Modified by RA 10742)
Section 330. Submission of Detailed Statements of
Income and Expenditures for the Barangay Budgets. -
On or before the fifteenth (15th) day of September of
each year, the barangay treasurer shall submit to the
punong barangay a statement covering the estimates of
income and expenditures for the ensuing fiscal year,
based on a certified statement issued by the city or
municipal treasurer covering the estimates of income
from local sources for the barangay concerned.
Section 331. Preparation of the Barangay Budget. -
(a) Upon receipt of the statement of income and
expenditures from the barangay treasurer, the punong
barangay shall prepare the barangay budget for the
ensuing fiscal year in the manner and within the period
prescribed in this Title and submit the annual barangay
budget to the sangguniang barangay for legislative
enactment.
(b) The total annual appropriations for personal services
of a barangay for one (1) fiscal year shall not exceed fifty-
five percent (55%) of the total annual income actually
realized from local sources during the next preceding
fiscal year.
(c) The barangay budget shall likewise be subject to the
same budgetary requirements and limitations
hereinabove prescribed.
Section 332. Effectivity of Barangay Budgets. - The
ordinance enacting the annual budget shall take effect at
the beginning of the ensuing calendar year. An ordinance
enacting a supplemental budget, however, shall take
effect upon its approval or on the date fixed therein.
The responsibility for the execution of the annual and
supplemental budgets and the accountability therefor
shall be vested primarily in the punong barangay
concerned.
Section 333. Review of the Barangay Budget. -
(a) Within ten (10) days from its approval, copies of the
barangay ordinance authorizing the annual
appropriations shall be furnished the sangguniang
panlungsod or the sangguniang bayan, as the case may
be, through the city or municipal budget officer. The
sanggunian concerned shall have the power to review
such ordinance in order to ensure that the provisions of
this Title are complied with. If within sixty (60) days after
the receipt of the ordinance, the sanggunian concerned
takes no action thereon, the same shall continue to be in
full force and effect. If within the same period, the
sanggunian concerned shall have ascertained that the
ordinance contains appropriations in excess of the
estimates of the income duly certified as collectible, or
that the same has not complied with the budgetary
requirements set forth in this Title, the said ordinance
shall be declared inoperative in its entirety or in part.
Items of appropriation contrary to, or in excess of, any of
the general limitations or the maximum amount
prescribed in this Title shall be disallowed or reduced
accordingly.
(b) Within the period hereinabove fixed, the sangguniang
panlungsod or sangguniang bayan concerned shall
return the barangay ordinance, through the city or
municipal budget officer, to the punong barangay with
the advice of action thereon for proper adjustments, in
which event, the barangay shall operate on the ordinance
authorizing annual appropriations of the preceding fiscal
year until such time that the new ordinance authorizing
annual appropriations shall have met the objections
raised. Upon receipt of such advice, the barangay
treasurer or the city or municipal treasurer who has
custody of the funds shall not make further disbursement
from any item of appropriation declared inoperative,
disallowed, or reduced.
Section 334. Barangay Financial Procedures. -
(a) The barangay treasurer shall collect all taxes, fees,
and other charges due and contributions accruing to the
barangay for which he shall issue official receipts, and
shall deposit all collections with the city or municipal
treasury or in the depository account maintained in the
name of the barangay within five (5) days after receipt
thereof. He may collect real property taxes and such
other taxes as may be imposed by a province, city or
municipality that are due in his barangay only after being
deputized by the local treasurer concerned for the
purpose.
(b) The barangay treasurer may be authorized by the
sangguniang barangay to make direct purchases
amounting to not more than One thousand pesos
(P1,000.00) at any time for the ordinary and essential
needs of the barangay. The petty cash that the barangay
treasurer may be authorized to hold for the purpose
shall not exceed twenty percent (20%) of the funds
available and to the credit of the barangay treasury.
(c) The financial records of the barangay shall be kept in
the office of the city or municipal accountant in
simplified manner as prescribed by the Commission on
Audit. Representatives of the Commission on Audit shall
audit such accounts annually or as often as may be
necessary and make a report of the audit to the
sangguniang panlungsod or sangguniang bayan, as the
case may be. The Commission on Audit shall prescribe
and put into effect simplified procedures for barangay
finances within six (6) months following the effectivity of
this Code.
CHAPTER IV Expenditures, Disbursements,
Accounting and Accountability
Section 335. Prohibitions Against Expenditures for
Religious or Private Purposes. - No public money or
property shall be appropriated or applied for religious or
private purposes.
Section 336. Use of Appropriated Funds and Savings. -
Funds shall be available exclusively for the specific
purpose for which they have been appropriated. No
ordinance shall be passed authorizing any transfer of
appropriations from one item to another. However, the
local chief executive or the presiding officer of the
sanggunian concerned may, by ordinance, be authorized
to augment any item in the approved annual budget for
their respective offices from savings in other items
within the same expense class of their respective
appropriations. Section 337. Restriction Upon Limit of
Disbursements. - Disbursements in accordance with
appropriations in the approved annual budget may be
made from any local fund in the custody of the
treasurer, but the total disbursements from any local
fund shall in no case exceed fifty percent (50%) of the
uncollected estimated revenue accruing to such local
fund in addition to the actual collections: Provided,
however, That no cash overdraft in any local fund shall
be incurred at the end of the fiscal year.
In case of emergency arising from a typhoon, earthquake,
or any other calamity, the sanggunian concerned may
authorize the local treasurer to continue making
disbursements from any local fund in his possession in
excess of the limitations herein provided, but only for
such purposes and amounts included in the approved
annual budgets.
Any overdraft which may be incurred at the end of the
year in any local fund by virtue of the provisions hereof
shall be covered with the first collections of the
immediately succeeding fiscal year accruing to such local
fund.
Section 338. Prohibitions Against Advance Payments. -
No money shall be paid on account of any contract
under which no services have been rendered or goods
delivered. Section 339. Cash Advances. - No cash
advance shall be granted to any local official or
employee, elective or appointive, unless made in
accordance with the rules and regulations as the
Commission on Audit may prescribe.
Section 340. Persons Accountable for Local Government
Funds. - Any officer of the local government unit whose
duty permits or requires the possession or custody of
local government funds shall be accountable and
responsible for the safekeeping thereof in conformity
with the provisions of this Title. Other local officers who,
though not accountable by the nature of their duties,
may likewise be similarly held accountable and
responsible for local government funds through their
participation in the use or application thereof.
Section 341. Prohibitions Against Pecuniary Interest. -
Without prejudice to criminal prosecution under
applicable laws, any local treasurer, accountant, budget
officer, or other accountable local officer having any
pecuniary interest, direct or indirect, in any contract, work
or other business of the local government unit of which
he is an accountable officer shall be administratively
liable therefor.
Section 342. Liability for Acts Done Upon Direction of
Superior Officer, or Upon Participation of Other
Department Heads or Officers of Equivalent Rank. -
Unless he registers his objection in writing, the local
treasurer, accountant, budget officer, or other
accountable officer shall not be relieved of liability for
illegal or improper use or application or deposit of
government funds or property by reason of his having
acted upon the direction of a superior officer, elective or
appointive, or upon participation of other department
heads or officers of equivalent rank. The superior officer
directing, or the department head participating in such
illegal or improper use or application or deposit of
government funds or property, shall be jointly and
severally liable with the local treasurer, accountant,
budget officer, or other accountable officer for the sum
or property so illegally or improperly used, applied or
deposited.
Section 343. Prohibition Against Expenses for Reception
and Entertainment. - No money shall be appropriated,
used, or paid for entertainment or reception except to the
extent of the representation allowances authorized by law
or for the reception of visiting dignitaries of foreign
governments or foreign missions, or when expressly
authorized by the President in specific cases.
Section 344. Certification, and Approval of, Vouchers. -
No money shall be disbursed unless the local budget
officer certifies to the existence of appropriation that has
been legally made for the purpose, the local accountant
has obligated said appropriation, and the local treasurer
certifies to the availability of funds for the purpose.
Vouchers and payrolls shall be certified to and approved
by the head of the department or office who has
administrative control of the fund concerned, as to
validity, propriety, and legality of the claim involved.
Except in cases of disbursements involving regularly
recurring administrative expenses such as payrolls for
regular or permanent employees, expenses for light,
water, telephone and telegraph services, remittances to
government creditor agencies such as GSIS, SSS, LDP,
DBP, National Printing Office, Procurement Service of the
DBM and others, approval of the disbursement voucher
by the local chief executive himself shall be required
whenever local funds are disbursed.
In cases of special or trust funds, disbursements shall be
approved by the administrator of the fund.
In case of temporary absence or incapacity of the
department head or chief of office, the officer next-in-
rank shall automatically perform his function and he shall
be fully responsible therefor.
Section 345. Officials Authorized to Draw Checks in
Settlement of Obligations. - Checks in obligations shall be
drawn by the local treasurer and countersigned by the
local administrator.
In case of temporary absence or incapacity of the
foregoing officials, these duties shall devolve upon their
immediate assistants.
Section 346. Disbursements of Local Funds and
Statement of Accounts. - Disbursements shall be made in
accordance with the ordinance authorizing the annual or
supplemental appropriations without the prior approval
of the sanggunian concerned. Within thirty (30) days after
the close of each month, the local accountant shall
furnish the sanggunian with such financial statements as
may be prescribed by the Commission on Audit. In the
case of the year-end statement of accounts, the period
shall be sixty (60) days after the thirty-first (31st) of
December.
Section 347. Rendition of Accounts. - Local treasurers,
accountants and other local accountable officers shall
render their accounts within such time, in such form,
style, and content and under such regulations as the
Commission on Audit may prescribe.
Provincial, city, and municipal auditors shall certify the
balances arising in the accounts settled by them to the
Chairman of the Commission on Audit and to the local
treasurer, accountant, and other accountable officers.
Copies of the certification shall be prepared and
furnished other local officers who may be held jointly and
severally liable for any loss or illegal, improper or
unauthorized use or misappropriation of local funds or
property.
Section 348. Auditorial Visitation. - The books, accounts,
papers, and cash of local treasurer, accountant, budget
officer, or other accountable officers shall at all times be
open for inspection of the Commission on Audit or its
duly authorized representative.
In case an examination of the accounts of a local
treasurer discloses a shortage in cash which should be
on hand, it shall be the duty of the examining officer to
seize the office and its contents, notify the Commission
on Audit, the local chief executive concerned, and the
local accountant. Thereupon, the examining officer shall
immediately turn over to the accountable officer next-in-
rank in the local treasury service, unless the said officer
is likewise under investigation, the office of the treasurer
and its contents, and close and render his accounts on
the date of turnover. In case the accountable officer next
in rank is under investigation, the auditor shall take full
possession of the office and its contents, close and
render his accounts on the date of taking possession,
and temporarily continue the public business of such
office until such time that the local treasurer is restored
or a successor has been duly designated. The local
treasurer or accountable officer found with such
shortage shall be automatically suspended from office.
Section 349. Accounting for Revenues. - Estimated
revenues which remain unrealized at the close of the
fiscal year shall not be booked or credited to the
unappropriated surplus or any other account.
Section 350. Accounting for Obligations. - All lawful
expenditures and obligations incurred during a fiscal
year shall be taken up in the accounts of that year.
Section 351. General Liability for Unlawful Expenditures.
- Expenditures of funds or use of property in violation of
this Title and other laws shall be a personal liability of
the official or employee responsible therefor.
Section 352. Posting of the Summary of Income and
Expenditures. - Local treasurers, accountants, budget
officers, and other accountable officers shall, within
thirty
(30) days from the end of the fiscal year, post in at least
three (3) publicly accessible and conspicuous places in
the local government unit a summary of all revenues
collected and funds received including the appropriations
and disbursements of such funds during the preceding
fiscal year.
Section 353. The Official Fiscal Year. - The official fiscal
year of local government units shall be the period
beginning with the first day of January and ending with
the thirty-first day of December of the same year.
Section 354. Administrative Issuances; Budget
Operations Manual. - The Secretary of Budget and
Management jointly with the Chairman of the
Commission on Audit shall, within one (1) year from the
effectivity of this Code, promulgate a Budget Operations
Manual for local government units to improve and
systematize methods, techniques, and procedures
employed in budget preparation, authorization,
execution, and accountability.

TITLE VI Property and Supply Management
in the Local Government Units
Section 355. Scope. - This Title shall govern the
procurement, care, utilization, custody, and disposal of
supplies, as defined herein, by local government units
and the other aspects of supply management at the local
levels.
Section 356. General Rule in Procurement or Disposal. -
Except as otherwise provided herein, acquisition of
supplies by local government units shall be through
competitive public bidding. Supplies which have become
unserviceable or no longer needed shall be sold,
whenever applicable, at public auction, subject to
applicable rules and regulations.
Section 357. Definition of Terms. - When used in this
Title, the term
(a) "Lowest Complying and Responsible Bid" refers to the
proposal of one who offers the lowest price, meets all the
technical specifications and requirements of the supplies
desired and, as a dealer in the line of supplies involved,
maintains a regular establishment, and has complied
consistently with previous commitments;
(b) "Suitable Substitute" refers to that kind of article which
would serve substantially the same purpose or produce
substantially the same results as the brand, type, or make
of article originally desired or requisitioned;
(c) "Supplies" includes everything, except real property,
which may be needed in the transaction of public
business or in the pursuit of any undertaking, project, or
activity, whether in the nature of equipment, furniture,
stationary materials for construction or personal
property of any sort, including non-personal or
contractual services such as the repair and maintenance
of equipment and furniture, as well as trucking, hauling,
janitorial, security, and related services; and
(d) "Terms and Conditions" refer to other requirements
not affecting the technical specifications and
requirements of the required supplies desired such as
bonding, terms of delivery and payment, and related
preferences.
Section 358. Requirement of Requisition. - Any order for
supplies shall be filled by the provincial or city general
services officer or the municipal or barangay treasurer
concerned, as the case may be, for any office or
department of a local government unit only upon written
requisition as hereinafter provided.
Section 359. Officers Having Authority to Draw
Requisitions. - Requisitions shall be prepared by the head
of office or department needing the supplies, who shall
certify as to their necessity for official use and specify the
project or activity where the supplies are to be used.
Section 360. Certification by the Local Budget Officer,
Accountant, and Treasurer. - Every requisition must be
accompanied by a certificate signed by the local budget
officer, the local accountant, and the local treasurer
showing that an appropriation therefor exists, the
estimated amount of such expenditure has been
obligated, and the funds are available for the purpose,
respectively.
Section 361. Approval of Requisitions. - Approval of the
requisition by the head of office or department
concerned who has administrative control of the
appropriation against which the proposed expenditure is
chargeable is deemed sufficient, except in case of
requisition for supplies to be carried in stock which shall
be approved by the local chief executive concerned:
Provided, That such supplies are listed or included in the
annual procurement plan and the maximum quantity
thereof does not exceed the estimated consumption
corresponding to a programmed three-month period:
Provided, further, That nothing herein contained shall be
held as authorizing the purchase of furniture and
equipment for stock purposes.
Section 362. Call for Bids. - When procurement is to be
made by local government units, the provincial or city
general services officer or the municipal or barangay
treasurer shall call bids for open public competition. The
call for bids shall show the complete specifications and
technical descriptions of the required supplies and shall
embody all terms and conditions of participation and
award, terms of delivery and payment, and all other
covenants affecting the transaction. In all calls for bids,
the right to waive any defect in the tender as well as the
right to accept the bid most advantageous to the
government shall be reserved. In no case, however, shall
failure to meet the specifications or technical
requirements of the supplies desired be awarded.
Section 363. Publication of Call for Bids. - The call for
bids shall be given the widest publicity possible, sending,
by mail or otherwise, any known prospective participant
in the locality, of copies of the call and by posting copies
of the same in at least three (3) publicly accessible and
conspicuous places in the provincial capitol or city,
municipal, or barangay hall, as the case may be.
The notice of the bidding may likewise be published in a
newspaper of general circulation in the territorial
jurisdiction of the local government unit concerned when
the provincial or city general services officer or the
municipal or barangay treasurer, as the case may be,
deems it necessary in order to obtain the lowest
responsible and complying bid.
The opening of bids shall only be made in the presence of
the provincial or city auditor or his duly authorized
representative who shall initial and secure copies of the
bids and certify the abstract of the bidding.
Section 364. The Committee on Awards. - There shall be
in every province, city or municipality a committee on
awards to decide the winning bids and questions of
awards on procurement and disposal of property.
The Committee on Awards shall be composed of the
local chief executive as chairman, the local treasurer, the
local accountant, the local budget officer, the local
general services officer, and the head of office or
department for whose use the supplies are being
procured, as members. In case a head of office or
department would sit in a dual capacity, a member of
the sanggunian elected from among its members shall
sit as a member. The committee on awards at the
barangay level shall be the sangguniang barangay. No
national official shall sit as a member of the committee
on awards.
The results of the bidding shall be made public by
conspicuously posting the same in the provincial capitol
or city, municipal, or barangay hall.
Section 365. Rule on Awards. - Awards in the
procurement of supplies shall be given to the lowest
complying and responsible bid which meets all the terms
and conditions of the contract or undertaking.
Section 366. Procurement Without Public Bidding. -
Procurement of supplies may be made without the
benefit of public bidding under any of the following
modes:
(a) Personal canvass of responsible merchants;
(b) Emergency purchase;
(c) Negotiated purchase;
(d) Direct purchase from manufacturers or exclusive
distributors; and
(e) Purchase from other government entities.
Section 367. Procurement through Personal Canvass. -
Upon approval by the Committee on Awards, procurement
of supplies may be effected after personal canvass of at
least three (3) responsible suppliers in the locality by a
committee of three (3) composed of the local services
officer or the municipal or barangay treasurer, as the case
may be, the local accountant, and the head of office or
department for whose use the supplies are being
procured. The award shall be decided by the Committee on
Awards.
Purchases under this Section shall not exceed the
amounts specified hereunder for all items in any one (1)
month for each local government unit:
Provinces and Cities and Municipalities within the
Metropolitan Manila Area:
First and Second Class - One hundred fifty thousand
pesos (P150,000.00)
Third and Fourth Class - One hundred thousand pesos
(7) A certification of the local budget officer as to the
(P100,000.00)
existence of appropriations for the purpose, the local
Fifth and Sixth Class - Fifty thousand pesos (P50,000.00)
accountant as to the obligation of the amount involved,
Municipalities:
and the local treasurer as to the availability of funds.
First Class - Sixty thousand pesos (P60,000.00)
(b) In case of repeat orders for regular supplies,
Second and Third Class - Forty thousand pesos
procurement may be made by negotiated purchase:
(P40,000.00)
Provided, That the repeat order is made within three (3)
Fourth Class and Below - Twenty thousand pesos
months from the last procurement of the same item:
(P20,000.00)
Provided, further, That the same terms and conditions of
Section 368. Emergency Purchase. - In cases of
sale are obtained for the said repeat order.
emergency where the need for the supplies is
Section 370. Procurement from Duly Licensed
exceptionally urgent or absolutely indispensable and only
Manufacturer. - Procurement may be made directly from
to prevent imminent danger to, or loss of, life or property,
duly licensed manufacturers in cases of supplies of
local government units may, through the local chief
Philippine manufacture or origin and in case there are
executive concerned, make emergency purchases or
two (2) or more manufacturers shall be conducted to
place repair orders, regardless of amount, without public
obtain the lowest price for the quality of the said supplies.
bidding. Delivery of purchase orders or utilization of repair
Section 371. Procurement from Exclusive Philippine
orders pursuant to this Section shall be made within ten
Agents or Distributors. - Procurement may, in the case of
(10) days after placement of the same. Immediately after
supplies of foreign origin, preferably be made directly
the emergency purchase or repair order is made, the
from the exclusive or reputable Philippine distributors or
chief of office or department making the emergency
agents, subject to the following conditions:
purchase or repair order shall draw a regular requisition
(a) That the Philippine distributor has no subdealers
to cover the same which shall contain the following:
selling at lower prices; and
(a) A complete description of the supplies acquired or
(b) That no suitable substitutes or substantially the same
the work done or to be performed;
quality are available at lower prices.
(b) By whom furnished or executed;
Section 372. Procurement from Government Entities. -
(c) Date of placing the order and the date and time of
Procurement may be made directly from the
delivery or execution;
government entities producing the required supplies,
(d) The unit price and the total contract price;
including units or agencies of foreign governments with
(e) A brief and concise explanation of the circumstances
which the Philippines maintains diplomatic relations. In
why procurement was of such urgency that the same
the latter case, prior authority from the Office of the
could not be done through the regular course without
President shall be required.
involving danger to, or loss of, life or property;
Section 373. Annual Procurement Program. -
(f) A certification of the provincial or city general services
(a) On or before the fifteenth (15th) day of July each year,
or the municipal or barangay treasurer, as the case may
the local chief executive shall prepare an annual
be, to the effect that the price paid or contracted for was
procurement program for the ensuing fiscal year which
the lowest at the time of procurement; and
shall contain an itemized list of the estimated quantity of
(g) A certification of the local budget officer as to the
supplies needed for such year, a complete description
existence of appropriations for the purpose, the local
thereof as to kind, quality, estimated cost, and balance on
accountant as to the obligation of the amount involved,
hand: Provided, however, That the total estimated cost of
and the local treasurer as to the availability of funds. The
the approved annual procurement program shall not
goods or services procured under this Section must be
exceed the total appropriations authorized for the
utilized or availed of within fifteen (15) days from the date
acquisition of supplies. The local government units may
of delivery or availability.
augment the supplies and equipment provided by the
Without prejudice to criminal prosecution under
Supreme Court to the lower courts located in their
applicable laws, the local chief executive, the head of
respective jurisdictions.
department, or the chief of office making the
(b) Except in emergency cases or where urgent
procurement shall be administratively liable for any
indispensable needs could not have been reasonably
violation of this Section and shall be a ground for
anticipated, no purchase of supplies shall be made
suspension or dismissal from service.
unless included in. or covered by, the approved
Section 369. Negotiated Purchase. -
procurement program. (c) The conversion of excess cash
(a) In cases where public biddings have failed for two (2)
into supplies stock is hereby prohibited except to the
consecutive times and no suppliers have qualified to
extent of the kind and quantity specified in the approved
participate or win in the biddings, local government
annual procurement plan. A violation of this Section shall
units may, through the local chief executive concerned,
be a ground for suspension or dismissal of any political
undertake the procurement of supplies by negotiated
or employee responsible therefor.
purchase, regardless of amount, without public bidding:
Section 374. Establishment of an Archival System. - Every
Provided, however, That the contract covering the
local government unit shall provide for the
negotiated purchase shall be approved by the
establishment of archival system to ensure the safety
sanggunian concerned. Delivery of purchase orders or
and protection of all government property, public
utilization of repair orders pursuant to this Section shall
documents or records such as records of births,
be made within seven (7) days after placement of the
marriages, property inventory, land assessments, land
same. Immediately after the negotiated purchase or
ownership, tax payments, tax accounts, and business
repair order is made, the local chief executive concerned
permits, and such other records or documents of public
shall draw a regular requisition to cover the same which
interest in the various departments and offices of the
shall contain the following:
provincial, city, or municipal government concerned.
(1) A complete description of the supplies acquired or the
Section 375. Primary and Secondary Accountability for
work done or to be performed;
Government Property. -
(2) By whom furnished or executed;
(a) Each head of department or office of a province, city,
(3) Date of placing the order and the date and time of
municipality or barangay shall be primarily accountable
delivery or execution;
for all government property assigned or issued to his
(4) The unit price and the total contract price;
department or office. The person or persons entrusted
(5) A certification of the provincial or city general services
of the municipal or barangay treasurer, as the case may with the possession or custody of government property
be, to the effect that the price paid or contracted for was under the accountability of any head of department or
the lowest at the time of procurement; office shall be immediately accountable to such officer.
(6) A certification to the effect that the price paid or (b) The head of a department or office primarily
contracted for was the lowest at the time of procurement; accountable for government property may require any
and person in possession of the property or having custody
and control thereof under him to keep such records and
make reports as may be necessary for his own
One hundred thousand pesos (P100,000.00) in the case of
information and protection.
provinces and cities, and Fifty thousand pesos
(c) Buildings and other physical structures shall be under
(P50,000.00) in the case of municipalities, notice of
the accountability and responsibility of the provincial or
auction shall be published at least two (2) times within a
city general services officer or the municipal mayor or
reasonable period in a newspaper of general circulation in
punong barangay, as the case may be. (d) Every officer
the locality.
primarily accountable for government property shall
Section 380. Negotiated Sale of Property. - Property no
keep a complete record of all properties under his
longer needed may also be disposed of at a private sale
charge and render his accounts therefor semiannually to
at such price as may be determined by the committee on
the provincial or city general services officer or the
awards, subject to the approval of the Commission on
municipal mayor or punong barangay, as the case may
Audit or its duly authorized representative when the
be.
acquisition or transfer cost of the property exceeds Fifty
Section 376. Responsibility for Proper Use and Care of
thousand pesos (P50,000.00) in the case of provinces
Government Property. - The person in actual physical
and cities, and Twenty-five thousand pesos (P25,000.00)
possession of government property or entrusted with its
in the case of municipalities and barangays.
custody and control shall be responsible for its proper
In case of real property, the disposal shall be subject to
use and care and shall exercise due diligence in the
the approval of the Commission on Audit regardless of
utilization and safekeeping thereof.
the value or cost involved.
Section 377. Measure of Liability of Persons Accountable
Section 381. Transfer Without Cost. - Property which has
for Government Property. -
become unserviceable or is no longer needed may be
(a) The person immediately accountable for government
transferred without cost to another office, agency,
property shall be liable for its money value in case of the
subdivision or instrumentality of the national
illegal, improper or unauthorized use or misapplication
government or another local government unit at an
thereof, by himself or any other person for whose acts
appraised valuation determined by the local committee
he may be responsible, and he shall be liable for all loss,
on awards. Such transfer shall be subject to the approval
damage, or deterioration occasioned by negligence in
of the sanggunian concerned making the transfer and by
the keeping or use of property unless it is proved that he
the head of the office, agency, subdivision,
has exercised due diligence and care in the utilization
instrumentality or local government unit receiving the
and safekeeping thereof.
property.
(b) Unless he registers his objection in writing, an
Section 382. Tax Exemption Privileges of Local
accountable person shall not be relieved from liability by
Government Units. - Local government units shall be
reason of his having acted under the direction of a
exempt from the payment of duties and taxes for the
superior officer in using property with which he is
importation of heavy equipment or machineries which
chargeable; but the officer directing any illegal,
shall be used for the construction, improvement, repair,
unauthorized or improper use of property shall first be
and maintenance of roads, bridges and other
required to answer therefor.
infrastructure projects, as well as garbage trucks, fire
(c) In cases of loss, damage, or deterioration of
trucks, and other similar equipment: Provided, however,
government property arising from, or attributable to,
That such equipment or machineries shall not be
negligence in security, the head of the security agency
disposed of, either by public auction or negotiated sale as
shall be held liable therefor.
hereinabove provided, within five (5) years from the
Section 378. Credit for Loss Occurring in Transit or Due
importation thereof. In case the machinery or equipment
to Casualty. - When a loss of government property
is sold within the five-year period, the purchasers or
occurs while the same is in transit or is caused by fire,
recipients shall be considered the importers thereof, and
theft, force majeure, or other casualty, the officer
shall be liable for duties and taxes computed on the book
accountable therefor or having custody thereof shall
value of such importation.
immediately notify the provincial or city auditor
Section 383. Implementing Rules and Regulations. - The
concerned within thirty (30) days from the date the loss
Chairman of the Commission on Audit shall promulgate
occurred or for such longer period as the provincial, city
the rules and regulations necessary to effectively
or municipal auditor, as the case may be, may in the
implement the provisions of this Title, including
particular case allow, and he shall present his application
requirements as to testing, inspection, and
for relief, with the available evidence in support thereof.
standardization of supply and property.
An officer who fails to comply with this requirement
shall not be relieved of liability or allowed credit for any
such loss in the settlement of his accounts. Property Management in the Local
A provincial, city or municipal auditor shall not allow Governments
credit for these losses unless so expressly authorized by
the Chairman of the Commission on Audit, to the
exercised only if the loss is not in excess of fifty thousand BOOK III LOCAL GOVERNMENT UNITS
pesos (P50,000.00). In any case when the allowance of
credit is not within the competence of the provincial,
city or municipal auditor, the application and evidence, TITLE I THE BARANGAY
with the recommendation of the auditor concerned,
shall be forwarded to the Chairman of the Commission CHAPTER I Role and Creation of the Barangay
on Audit for his appropriate action.
Section 379. Property Disposal. - When property of any
local government unit has become unserviceable for any Section 384. Role of the Barangay. - As the basic political
cause or is no longer needed, it shall upon application of unit, the barangay serves as the primary planning and
the officer accountable therefor, be inspected and implementing unit of government policies, plans,
appraised by the provincial, city or municipal auditor, as programs, projects, and activities in the community, and
the case may be, or his duly authorized representative or as a forum wherein the collective views of the people may
that of the Commission on Audit and, if found valueless or be expressed, crystallized and considered, and where
unusable, shall be destroyed in the presence of the disputes may be amicably settled.
inspecting officer. Section 385. Manner of Creation. - A barangay may be
If found valuable, the same shall be sold at public auction created, divided, merged, abolished, or its boundary
to the highest bidder under the supervision of the substantially altered, by law or by an ordinance of the
committee on awards and in the presence of the sangguniang panlalawigan or panlungsod, subject to
provincial, city or municipal auditor or his duly authorized approval by a majority of the votes cast in a plebiscite to
representative. Notice of the public auction shall be be conducted by the COMELEC in the local government
posted in at least three (3) publicly accessible and unit or units directly affected within such period of time
conspicuous places, and if the acquisition cost exceeds as may be determined by the law or ordinance creating
said barangay. In the case of the creation of barangays
(2) Negotiate, enter into, and sign contracts for and in
by the sangguniang panlalawigan, the recommendation
behalf of the barangay, upon authorization of the
of the sangguniang bayan concerned shall be necessary.
sangguniang barangay;
Section 386. Requisites for Creation. -
(3) Maintain public order in the barangay and, in
(a) A barangay may be created out of a contiguous
pursuance thereof, assist the city or municipal mayor
territory which has a population of at least two thousand
and the sanggunian members in the performance of
(2,000) inhabitants as certified by the National Statistics
their duties and functions;
Office except in cities and municipalities within Metro
(4) Call and preside over the sessions of the sangguniang
Manila and other metropolitan political subdivisions or
barangay and the barangay assembly, and vote only to
in highly urbanized cities where such territory shall have
break a tie;
a certified population of at least five thousand (5,000)
(5) Upon approval by a majority of all the members of
inhabitants: Provided, That the creation thereof shall not
the sangguniang barangay, appoint or replace the
reduce the population of the original barangay or
barangay treasurer, the barangay secretary, and other
barangays to less than the minimum requirement
appointive barangay officials;
prescribed herein.
(6) Organize and lead an emergency group whenever the
To enhance the delivery of basic services in the
same may be necessary for the maintenance of peace
indigenous cultural communities, barangays may be
and order or on occasions of emergency or calamity
created in such communities by an Act of Congress,
within the barangay;
notwithstanding the above requirement.
(7) In coordination with the barangay development
(b) The territorial jurisdiction of the new barangay shall be
council, prepare the annual executive and supplemental
properly identified by metes and bounds or by more or
budgets of the barangay;
less permanent natural boundaries. The territory need
(8) Approve vouchers relating to the disbursement of
not be contiguous if it comprises two (2) or more islands.
barangay funds;
(c) The governor or city mayor may prepare a
(9) Enforce laws and regulations relating to pollution
consolidation plan for barangays, based on the criteria
control and protection of the environment;
prescribed in this Section, within his territorial
(10) Administer the operation of the katarungang
jurisdiction. The plan shall be submitted to the
pambarangay in accordance with the provisions of this
sangguniang panlalawigan or sangguniang panlungsod
Code;
concerned for appropriate action.
(11) Exercise general supervision over the activities of the
In the case of municipalities within the Metropolitan
sangguniang kabataan;
Manila Area and other metropolitan political
(12) Ensure the delivery of basic services as mandated
subdivisions, the barangay consolidation plan shall be
under Section 17 of this Code;
prepared and approved by the sangguniang bayan
(13) Conduct an annual palarong barangay which shall
concerned.
feature traditional sports and disciplines included in
national and international games, in coordination with
CHAPTER II Barangay Officials and Offices the Department of Education, Culture and Sports;
(14) Promote the general welfare of the barangay; and
(15) Exercise such other powers and perform such other
Section 387. Chief Officials and Offices. - duties and functions as may be prescribed by law or
(a) There shall be in each barangay a punong barangay, ordinance.
seven (7) sangguniang barangay members, the (b) In the performance of his peace and order functions.
sangguniang kabataan chairman, a barangay secretary, the punong barangay shall be entitled to possess and
and a barangay treasurer. carry the necessary firearm within his territorial
(b) There shall also be in every barangay a lupong jurisdiction, subject to appropriate rules and regulations.
tagapamayapa. The sangguniang barangay may form
community brigades and create such other positions or
offices as may be deemed necessary to carry out the CHAPTER IV The Sangguniang Barangay
purposes of the barangay government in accordance
with the needs of public service, subject to the
Section 390. Composition. - The sangguniang barangay,
budgetary limitations on personal services prescribed
the legislative body of the barangay, shall be composed
under Title Five, Book II of this Code.
of the punong barangay as presiding officer, and the
Section 388. Persons in Authority. - For purposes of the
seven
Revised Penal Code, the punong barangay, sangguniang
(7) regular sangguniang barangay members elected at
barangay members, and members of the lupong
large and sangguniang kabataan chairman, as members.
tagapamayapa in each barangay shall be deemed as
Section 391. Powers, Duties, and Functions. -
persons in authority in their jurisdictions, while other
(a) The sangguniang barangay, as the legislative body of
barangay officials and members who may be designated
the barangay, shall:
by law or ordinance and charged with the maintenance
(1) Enact ordinances as may be necessary to discharge the
of public order, protection and security of life and
responsibilities conferred upon it by law or ordinance and
property, or the maintenance of a desirable and
to promote the general welfare of the inhabitants therein;
balanced environment, and any barangay member who
(2) Enact tax revenue ordinances, subject to the
comes to the aid of persons in authority, shall be
limitations imposed in this Code;
deemed agents of persons in authority.
(3) Enact annual and supplemental budgets in
accordance with the provisions of this Code;
CHAPTER III The Punong Barangay (4) Provide for the construction and maintenance of
barangay facilities and other public works projects
chargeable to the general fund of the barangay or such
Section 389. Chief Executive: Powers, Duties, and other funds actually available for the purpose;
Functions. - (5) Submit to the sangguniang panlungsod or
(a) The punong barangay, as the chief executive of the sangguniang bayan such suggestions or
barangay government, shall exercise such powers and recommendations as it may see fit for the improvement
perform such duties and functions, as provided by this of the barangay or for the welfare of the inhabitants
Code and other laws. thereof;
(b) For efficient, effective and economical governance, (6) Assist in the establishment, organization, and
the purpose of which is the general welfare of the promotion of cooperative enterprises that will improve
barangay and its inhabitants pursuant to Section 16 of the economic condition and well-being of the residents;
this Code, the punong barangay shall: (7) Regulate the use of multi-purpose halls, multi-
(1) Enforce all laws and ordinances which are applicable purpose pavements, grain or copra dryers, patios and
within the barangay; other post-harvest facilities, barangay waterworks,
barangay markets, parking areas or other similar
facilities
constructed with government funds within the
(21) Initiate the establishment of a barangay high school,
jurisdiction of the barangay and charge reasonable fees
whenever feasible, in accordance with law;
for the use thereof;
(22) Provide for the establishment of a non-formal
(8) Solicit or accept monies, materials and voluntary labor
education center in the barangay whenever feasible, in
for specific public works and cooperative enterprises of
coordination with the Department of Education, Culture
the barangay from residents, land owners, producers and
and Sports;
merchants in the barangay; monies from grants-in-aid,
(23) Provide for the delivery of basic services; and
subsidies, contributions, and revenues made available to
(24) Exercise such other powers and perform such other
the barangays from national, provincial, city or municipal
duties and functions as may be prescribed by law or
funds; and monies from other private agencies and
ordinance.
individuals: Provided, however, That monies or properties
Section 392. Other Duties of Sangguniang Barangay
donated by private agencies and individuals for specific
Members. - In addition to their duties as members of the
purposes shall accrue to the barangay as trust fund;
sangguniang barangay, sangguniang barangay members
(9) Solicit or accept, in any or all the foregoing public
may:
works and cooperative enterprises, such cooperation as is
(a) Assist the punong barangay in the discharge of his
made available by national, provincial, city, or municipal
duties and functions;
agencies established by law to render financial, technical,
(b) Act as peace officers in the maintenance of public
and advisory assistance to barangays and to barangay
order and safety; and
residents: Provided, however, That in soliciting or
(c) Perform such other duties and functions as the
accepting such cooperation, the sangguniang barangay
punong barangay may delegate.
need not pledge any sum of money for expenditure in
Section 393. Benefits of Barangay Officials. -
excess of amounts currently in the barangay treasury or
(a) Barangay officials, including barangay tanods and
encumbered for other purposes;
members of the lupong tagapamayapa, shall receive
(10) Provide compensation, reasonable allowances or per
honoraria, allowances, and such other emoluments as
diems as well as travel expenses for sangguniang
may be authorized by law or barangay, municipal or city
barangay members and other barangay officials, subject
ordinance in accordance with the provisions of this
to the budgetary limitations prescribed under Title Five,
Code, but in no case shall it be less than One thousand
Book II of this Code: Provided, however, That no increase
pesos (P1,000.00) per month for the punong barangay
in the compensation or honoraria of the sangguniang
and Six hundred pesos (P600.00) per month for the
barangay members shall take effect until after the
sangguniang barangay members, barangay treasurer,
expiration of the full term of all members of the
and barangay secretary: Provided, however, That the
sangguniang barangay approving such increase;
annual appropriations for personal services shall be
(11) Hold fund-raising activities for barangay projects
subject to the budgetary limitations prescribed under
without the need of securing permits from any national
Title Five, Book II of this Code;
or local office or agency. The proceeds from such
(b) The punong barangay, the sangguniang barangay
activities shall be tax-exempt and shall accrue to the
members, the barangay treasurer, and the barangay
general fund of the barangay: Provided, That in the secretary shall also:
appropriation thereof, the specific purpose for which
(1) Be entitled to Christmas bonus of at least One
such fund-raising activity has been held shall be first thousand pesos (P1,000.00) each, the funds for which
satisfied: Provided, further, That no fund-raising activities shall be taken from the general fund of the barangay or
shall be held within a period of sixty (60) days from such other funds appropriated by the national
immediately preceding and after a national or local government for the purpose;
election, recall, referendum, or plebiscite: Provided, finally,
(2) Be entitled, during their incumbency, to insurance
That said fund-raising activities shall comply with national coverage which shall include, but shall not be limited to
policy standards and regulations on morals, health, and temporary and permanent disability, double indemnity,
safety of the persons participating therein. The accident insurance, death and burial benefits, in
sangguniang barangay, through the punong barangay, accordance with Republic Act Numbered Sixty-nine
shall render a public accounting of the funds raised at the hundred forty-two (R.A. No. 6942), entitled "An Act
completion of the project for which the fund-raising Increasing the Insurance Benefits of Local Government
activity was undertaken; Officials and Providing Funds Therefor";
(12) Authorize the punong barangay to enter into
(3) Be entitled to free medical care including subsistence,
contracts in behalf of the barangay, subject to the
medicines, and medical attendance in any government
provisions of this Code;
hospital or institution: Provided, That such hospital care
(13) Authorize the barangay treasurer to make direct
shall include surgery or surgical expenses, medicines, X-
purchases in an amount not exceeding One thousand
rays, laboratory fees, and other hospital expenses;
pesos (P1,000.00) at any one time for the ordinary and
In case of extreme urgency where there is no available
essential administrative needs of the barangay;
government hospital or institution, the barangay official
(14) Prescribe fines in amounts not exceeding One
attendance to the nearest private clinic, hospital or
thousand pesos (P1,000.00) for violation of barangay
institution and the expenses not exceeding Five
ordinances;
thousand pesos (P5,000.00) that may be incurred therein
(15) Provide for the administrative needs of the lupong
shall be chargeable against the funds of the barangay
tagapamayapa and the pangkat ng tagapagkasundo;
concerned;
(16) Provide for the organization of community brigades,
(4) Be exempted during their incumbency from paying
barangay tanod, or community service units as may be
tuition and matriculation fees for their legitimate
necessary;
dependent children attending state colleges or
(17) Organize regular lectures, programs, or fora on
universities. He may likewise avail of such educational
community problems such as sanitation, nutrition,
benefits in a state college or university located within
literacy, and drug abuse, and convene assemblies to
the province or city to which the barangay belongs; and
encourage citizen participation in government;
(5) Be entitled to appropriate civil service eligibility on the
(18) Adopt measures to prevent and control the
basis of the number of years of service to the barangay,
proliferation of squatters and mendicants in the
pursuant to the rules and regulations issued by the Civil
barangay;
Service Commission.
(19) Provide for the proper development and welfare of
(c) Elective barangay officials shall have preference in
children in the barangay by promoting and supporting
appointments to any government position or in any
activities for the protection and total development of
government-owned or controlled corporations, including
children, particularly those below seven (7) years of age;
their subsidiaries, after their tenure of office, subject to
(20) Adopt measures towards the prevention and
the requisite qualifications and the provisions of the
eradication of drug abuse, child abuse, and juvenile
immediately preceding paragraph.
delinquency;
(d) All duly appointed members of the barangay tanod
the preceding and ensuing calendar years, respectively,
brigades, or their equivalent, which shall number not
subject to the provisions of Title Five, Book II of this Code.
more than twenty (20) in each barangay, shall be
(5) Render a written accounting report of all barangay
granted insurance or other benefits during their
funds and property under his custody at the end of each
incumbency, chargeable to the barangay or the city or
calendar year, and ensure that such report shall be
municipal government to which the barangay belongs.
made available to the members of the barangay
assembly and other government agencies concerned;
CHAPTER V Appointive Barangay Officials (6) Certify as to the availability of funds whenever
necessary;
(7) Plan and attend to the rural postal circuit within his
Section 394. Barangay Secretary: Appointment, jurisdiction; and
Qualifications, Powers and Duties. - (8) Exercise such other powers and perform such other
(a) The barangay secretary shall be appointed by the duties and functions as may be prescribed by law or
punong barangay with the concurrence of the majority ordinance.
of all the sangguniang barangay members. The Section 396. Other Appointive Officials. - The
appointment of the barangay secretary shall not be qualifications, duties, and functions of all other barangay
subject to attestation by the Civil Service Commission. officials appointed by the punong barangay shall be
(b) The barangay secretary shall be of legal age, a governed by the provisions of this Code and other laws or
qualified voter and an actual resident of the barangay by barangay ordinances.
concerned.
(c) No person shall be appointed barangay secretary if he
is a sangguniang barangay member, a government CHAPTER VI Barangay Assembly
employee, or a relative of the punong barangay within
the fourth civil degree of consanguinity of affinity.
Section 397. Composition; Meetings. -
(d) The barangay secretary shall:
(a) There shall be a barangay assembly composed of all
(1) Keep custody of all records of the sangguniang
persons who are actual residents of the barangay for at
barangay and the barangay assembly meetings;
least six (6) months, fifteen (15) years of age or over,
(2) Prepare and keep the minutes of all meetings of the
citizens of the Philippines, and duly registered in the list
sangguniang barangay and the barangay assembly;
of barangay assembly members.
(3) Prepare a list of members of the barangay assembly,
(b) The barangay assembly shall meet at least twice a year
and have the same posted in conspicuous places within
to hear and discuss the semestral report of the
the barangay;
sangguniang barangay concerning its activities and
(4) Assist in the preparation of all necessary forms for the
finances as well as problems affecting the barangay. Its
conduct of barangay elections, initiatives, referenda or
meetings shall be held upon call of the punong barangay
plebiscites, in coordination with the COMELEC;
or of at least four (4) members of the sangguniang
(5) Assist the municipal civil registrar in the registration of
barangay, or upon written petition of at least five percent
births, deaths, and marriages;
(5%) of the assembly members.
(6) Keep an updated record of all inhabitants of the
(c) No meeting of the barangay assembly shall take place
barangay containing the following items of information:
unless a written notice is given one (1) week prior to the
name, address, place and date of birth, sex, civil status,
meeting except on matters involving public safety or
citizenship, occupation, and such other items of
security, in which case notice within a reasonable time
information as may be prescribed by law or ordinance;
shall be sufficient. The punong barangay, or in his
(7) Submit a report on the actual number of barangay
absence, the sangguniang barangay member acting as
residents as often as may be required by the
punong barangay, or any assembly member selected
sangguniang barangay; and
during the meeting, shall act as presiding officer in all the
(8) Exercise such other powers and perform such other
meetings of the assembly. The barangay secretary, or in
duties and functions as may be prescribed by law or
his absence, any member designated by the presiding
ordinance.
officer to act as secretary, shall discharge the duties of
Section 395. Barangay Treasurer: Appointment,
secretary of the barangay assembly.
Qualification, Powers and Duties. -
Section 398. Powers of the Barangay Assembly. - The
(a) The barangay treasurer shall be appointed by the
barangay assembly shall:
punong barangay with the concurrence of the majority
(a) Initiate legislative processes by recommending to the
of all the sangguniang barangay members. The
sangguniang barangay the adoption of measures for the
appointment of the barangay treasurer shall not be
welfare of the barangay and the city or municipality
subject to attestation by the Civil Service Commission.
concerned;
(b) The barangay treasurer shall be of legal age, a
(b) Decide on the adoption of initiative as a legal process
qualified voter, and an actual resident of the barangay
whereby the registered voters of the barangay may
concerned.
directly propose, enact, or amend any ordinance; and
(c) No person shall be appointed barangay treasurer if he
(c) Hear and pass upon the semestral report of the
is a sangguniang barangay member, a government
sangguniang barangay concerning its activities and
employee, or a relative of the punong barangay within
finances.
the fourth civil degree of consanguinity or affinity.
(d) The barangay treasurer shall be bonded in
accordance with existing laws in an amount to be CHAPTER VII Katarungang Pambarangay
determined by the sangguniang barangay but not
exceeding Ten thousand pesos (P10,000.00), premiums
for which shall be paid by the barangay. Rules and Regulations Implementing the
(e) The barangay treasurer shall: Katarungang Pambarangay
(1) Keep custody of barangay funds and properties;
(2) Collect and issue official receipts for taxes, fees,
contributions, monies, materials, and all other resources Section 399. Lupong Tagapamayapa. -
accruing to the barangay treasury and deposit the same (a) There is hereby created in each barangay a lupong
in the account of the barangay as provided under Title tagapamayapa, hereinafter referred to as the lupon,
Five, Book II of this Code; composed of the punong barangay, as chairman and ten
(3) Disburse funds in accordance with the financial (10) to twenty (20) members. The lupon shall be
procedures provided in this Code; constituted every three (3) years in the manner provided
(4) Submit to the punong barangay a statement covering herein.
the actual and estimates of income and expenditures for (b) Any person actually residing or working, in the
barangay, not otherwise expressly disqualified by law,
and
possessing integrity, impartiality, independence of mind,
The lupon secretary shall issue certified true copies of any
sense of fairness, and reputation for probity, may be
public record in his custody that is not by law otherwise
appointed a member of the lupon.
declared confidential.
(c) A notice to constitute the lupon, which shall include
Section 405. Vacancies in the Pangkat. - Any vacancy in
the names of proposed members who have expressed
the pangkat shall be chosen by the parties to the dispute
their willingness to serve, shall be prepared by the
from among the other lupon members. Should the
punong barangay within the first fifteen (15) days from
parties fail to agree on a common choice, the vacancy
the start of his term of office. Such notice shall be posted
shall be filled by lot to be drawn by the lupon chairman.
in three (3) conspicuous places in the barangay
Section 406. Character of Office and Service of Lupon
continuously for a period of not less than three (3)
Members. -
weeks;
(a) The lupon members, while in the performance of
(d) The punong barangay, taking into consideration any
their official duties or on the occasion thereof, shall be
opposition to the proposed appointment or any
deemed as persons in authority, as defined in the
recommendations for appointment as may have been
Revised Penal Code.
made within the period of posting, shall within ten (10)
(b) The lupon or pangkat members shall serve without
days thereafter, appoint as members those whom he
compensation, except as provided for in Section 393 and
determines to be suitable therefor. Appointments shall
without prejudice to incentives as provided for in this
be in writing, signed by the punong barangay, and
Section and in Book IV of this Code. The Department of the
attested to by the barangay secretary.
Interior and Local Government shall provide for a system of
(e) The list of appointed members shall be posted in
three granting economic or other incentives to the lupon or
(3) conspicuous places in the barangay for the entire pangkat members who adequately demonstrate the ability
duration of their term of office; and to judiciously and expeditiously resolve cases referred to
(f) In barangays where majority of the inhabitants are them. While in the performance of their duties, the lupon
members of indigenous cultural communities, local or pangkat members, whether in public or private
systems of settling disputes through their councils of employment, shall be deemed to be on official time, and
datus or elders shall be recognized without prejudice to shall not suffer from any diminution in compensation or
the applicable provisions of this Code. allowance from said employment by reason thereof.
Section 407. Legal Advice on Matters Involving
Section 400. Oath and Term of Office. - Upon
Questions of Law. - The provincial, city legal officer or
appointment, each lupon member shall take an oath of
prosecutor or the municipal legal officer shall render
office before the punong barangay. He shall hold office
legal advice on matters involving questions of law to the
until a new lupon is constituted on the third year
punong barangay or any lupon or pangkat member
following his appointment unless sooner terminated by
whenever necessary in the exercise of his functions in
resignation, transfer of residence or place of work, or
the administration of the katarungang pambarangay.
withdrawal of appointment by the punong barangay with
Section 408. Subject Matter for Amicable Settlement;
the concurrence of the majority of all the members of the
Exception Thereto. - The lupon of each barangay shall
lupon.
have authority to bring together the parties actually
Section 401. Vacancies. - Should a vacancy occur in the
residing in the same city or municipality for amicable
lupon for any cause, the punong barangay shall
settlement of all disputes except:
immediately appoint a qualified person who shall hold
(a) Where one party is the government, or any subdivision
office only for the unexpired portion of the term.
or instrumentality thereof;
Section 402. Functions of the Lupon. - The lupon shall:
(b) Where one party is a public officer or employee, and
(a) Exercise administrative supervision over the
the dispute relates to the performance of his official
conciliation panels provided herein;
functions;
(b) Meet regularly once a month to provide a forum for
(c) Offenses punishable by imprisonment exceeding one
exchange of ideas among its members and the public on
(1) year or a fine exceeding Five thousand pesos
matters relevant to the amicable settlement of disputes,
(P5,000.00);
and to enable various conciliation panel members to
(d) Offenses where there is no private offended party;
share with one another their observations and
(e) Where the dispute involves real properties located in
experiences in effecting speedy resolution of disputes;
different cities or municipalities unless the parties
and
thereto agree to submit their differences to amicable
(c) Exercise such other powers and perform such other
settlement by an appropriate lupon;
duties and functions as may be prescribed by law or
(f) Disputes involving parties who actually reside in
ordinance.
barangays of different cities or municipalities, except
Section 403. Secretary of the Lupon. - The barangay
where such barangay units adjoin each other and the
secretary shall concurrently serve as the secretary of the
parties thereto agree to submit their differences to
lupon. He shall record the results of mediation
amicable settlement by an appropriate lupon;
proceedings before the punong barangay and shall
(g) Such other classes of disputes which the President
submit a report thereon to the proper city or municipal
may determine in the interest of Justice or upon the
courts. He shall also receive and keep the records of
recommendation of the Secretary of Justice.
proceedings submitted to him by the various conciliation
The court in which non-criminal cases not falling within
panels.
the authority of the lupon under this Code are filed may,
Section 404. Pangkat ng Tagapagkasundo. -
at any time before trial motu propio refer the case to the
(a) There shall be constituted for each dispute brought
lupon concerned for amicable settlement.
before the lupon a conciliation panel to be known as the
Section 409. Venue. -
pangkat ng tagapagkasundo, hereinafter referred to as
(a) Disputes between persons actually residing in the
the pangkat, consisting of three (3) members who shall
same barangay shall be brought for amicable settlement
be chosen by the parties to the dispute from the list of
before the lupon of said barangay.
members of the lupon.
(b) Those involving actual residents of different
Should the parties fail to agree on the pangkat
barangays within the same city or municipality shall be
membership, the same shall be determined by lots
brought in the barangay where the respondent or any of
drawn by the lupon chairman.
the respondents actually resides, at the election of the
(b) The three (3) members constituting the pangkat shall
complaint.
elect from among themselves the chairman and the
(c) All disputes involving real property or any interest
secretary. The secretary shall prepare the minutes of the
therein shall be brought in the barangay where the real
pangkat proceedings and submit a copy duly attested to
property or the larger portion thereof is situated.
by the chairman to the lupon secretary and to the
(d) Those arising at the workplace where the contending
proper city or municipal court. He shall issue and cause
parties are employed or at the institution where such
to be served notices to the parties concerned.
parties are enrolled for study, shall be brought in the
barangay where such workplace or institution is located.
Objections to venue shall be raised in the mediation
proceedings before the punong barangay; otherwise, the
same shall be deemed waived. Any legal question which
may confront the punong barangay in resolving
objections to venue herein referred to may be submitted
to the Secretary of Justice, or his duly designated
representative, whose ruling thereon shall be binding.
Section 410. Procedure for Amicable Settlement. -
(a) Who may initiate proceeding - Upon payment of the
appropriate filing fee, any individual who has a cause of
action against another individual involving any matter
within the authority of the lupon may complain, orally or
in writing, to the lupon chairman of the barangay.
(b) Mediation by lupon chairman - Upon receipt of the
complaint, the lupon chairman shall within the next
working day summon the respondent(s), with notice to
the complainant(s) for them and their witnesses to
appear before him for a mediation of their conflicting
interests. If he fails in his mediation effort within fifteen
(15) days from the first meeting of the parties before
him, he shall forthwith set a date for the constitution of
the pangkat in accordance with the provisions of this
Chapter.
(c) Suspension of prescriptive period of offenses - While
the dispute is under mediation, conciliation,
arbitration, the prescriptive periods for offenses and
cause of action under existing laws shall be interrupted
upon filing the complaint with the punong barangay. The
prescriptive periods shall resume upon receipt by the
complainant of the complainant or the certificate of
repudiation or of the certification to file action issued by
the lupon or pangkat secretary: Provided, however, That
such interruption shall not exceed sixty (60) days from the
filing of the complaint with the punong barangay.
(d) Issuance of summons; hearing; grounds for
disqualification - The pangkat shall convene not later
than three (3) days from its constitution, on the day and
hour set by the lupon chairman, to hear both parties and
their witnesses, simplify issues, and explore all
possibilities for amicable settlement. For this purpose,
the pangkat may issue summons for the personal
appearance of parties and witnesses before it. In the
event that a party moves to disqualify any member of
the pangkat by reason of relationship, bias, interest, or
any other similar grounds discovered after the
constitution of the pangkat, the matter shall be resolved
by the affirmative vote of the majority of the pangkat
whose decision shall be final. Should disqualification be
decided upon, the resulting vacancy shall be filled as
herein provided for.
(e) Period to arrive at a settlement - The pangkat shall
arrive at a settlement or resolution of the dispute within
fifteen (15) days from the day it convenes in accordance
with this section. This period shall, at the discretion of the
pangkat, be extendible for another period which shall not
exceed fifteen (15) days, except in clearly meritorious
cases.
Section 411. Form of settlement. - All amicable
settlements shall be in writing, in a language or dialect
known to the parties, signed by them, and attested to by
the lupon chairman or the pangkat chairman, as the case
may be. When the parties to the dispute do not use the
same language or dialect, the settlement shall be written
in the language known to them.
Section 412. Conciliation. -
(a) Pre-condition to Filing of Complaint in Court. - No
complaint, petition, action, or proceeding involving any
matter within the authority of the lupon shall be filed or
instituted directly in court or any other government office
for adjudication, unless there has been a confrontation
between the parties before the lupon chairman or the
pangkat, and that no conciliation or settlement has been
reached as certified by the lupon secretary or pangkat
secretary as attested to by the lupon or pangkat
chairman or unless the settlement has been repudiated
by the parties thereto.
© Compiled by RGL
(b) Where Parties May Go Directly to Court. - The parties
may go directly to court in the following instances:
(1) Where the accused is under detention;
(2) Where a person has otherwise been deprived of
personal liberty calling for habeas corpus proceedings;
(3) Where actions are coupled with provisional remedies
such as preliminary injunction, attachment, delivery of
personal property and support pendente lite; and
(4) Where the action may otherwise be barred by the
statute of limitations.
(c) Conciliation among members of indigenous cultural
communities. - The customs and traditions of indigenous
cultural communities shall be applied in settling disputes
between members of the cultural communities.
Section 413. Arbitration. -
(a) The parties may, at any stage of the proceedings,
agree in writing that they shall abide by the arbitration
award of the lupon chairman or the pangkat. Such
agreement to arbitrate may be repudiated within five (5)
days from the date thereof for the same grounds and in
accordance with the procedure hereinafter prescribed.
The arbitration award shall be made after the lapse of
the period for repudiation and within ten (10) days
thereafter.
(b) The arbitration award shall be in writing in a language
or dialect known to the parties. When the parties to the
or
dispute do not use the same language or dialect, the
award shall be written in the language or dialect known
to them.
Section 414. Proceedings Open to the Public; Exception. -
All proceedings for settlement shall be public and
informal: Provided, however, That the lupon chairman or
the pangkat chairman, as the case may be, may motu
proprio or upon request of a party, exclude the public
from the proceedings in the interest of privacy, decency,
or public morals.
Section 415. Appearance of Parties in Person. - In all
katarungang pambarangay proceedings, the parties
must appear in person without the assistance of counsel
or representative, except for minors and incompetents
who may be assisted by their next-of-kin who are not
lawyers.
Section 416. Effect of Amicable Settlement and
Arbitration Award. - The amicable settlement and
arbitration award shall have the force and effect of a
final judgment of a court upon the expiration of ten (10)
days from the date thereof, unless repudiation of the
settlement has been made or a petition to nullify the
award has been filed before the proper city or municipal
court.
However, this provision shall not apply to court cases
settled by the lupon under the last paragraph of Section
408 of this Code, in which case the compromise or the
pangkat chairman shall be submitted to the court and
upon approval thereof, have the force and effect of a
judgment of said court.
Section 417. Execution. - The amicable settlement or
arbitration award may be enforced by execution by the
lupon within six (6) months from the date of the
settlement. After the lapse of such time, the settlement
may be enforced by action in the appropriate city or
municipal court.
Section 418. Repudiation. - Any party to the dispute may,
within ten (10) days from the date of the settlement,
repudiate the same by filing with the lupon chairman a
statement to that effect sworn to before him, where the
consent is vitiated by fraud, violence, or intimidation.
Such repudiation shall be sufficient basis for the issuance
of the certification for filing a complaint as hereinabove
provided.
Section 419. Transmittal of Settlement and Arbitration. -
Award to the Court. - The secretary of the lupon shall
transmit the settlement or the arbitration award to the
appropriate city or municipal court within five (5) days
from the date of the award or from the lapse of the ten-
day period repudiating the settlement and shall furnish
copies thereof to each of the parties to the settlement and
the lupon chairman.
Section 420. Power to Administer Oaths. - The punong
barangay, as chairman of the lupong tagapamayapa, and
100 of 188
the members of the pangkat are hereby authorized to
administer oaths in connection with any matter relating
to all proceedings in the implementation of the
katarungang pambarangay.
Section 421. Administration; Rules and Regulations. - The
city or municipal mayor, as the case may be, shall see to
the efficient and effective implementation and
administration of the katarungang pambarangay. The
Secretary of Justice shall promulgate the rules and
regulations necessary to implement this Chapter.
Section 422. Appropriations. - Such amount as may be
necessary for the effective implementation of the
katarungang pambarangay shall be provided for in the
annual budget of the city or municipality concerned.
CHAPTER VIII Sangguniang Kabataan [see RA
10742]
Section 423. Creation and Election. -
(a) There shall be in every barangay a sangguniang
kabataan to be composed of a chairman, seven (7)
members, a secretary, and a treasurer.
(b) A sangguniang kabataan official who, during his term
of office, shall have passed the age of twenty-one (21)
years shall be allowed to serve the remaining portion of
the term for which he was elected.
Section 424. Katipunan ng Kabataan. - The katipunan
ng kabataan shall be composed of all citizens of the
Philippines actually residing in the barangay for at least
six (6) months, who are fifteen (15) but not more than
twenty-one (21) years of age, and who are duly
registered in the list of the sangguniang kabataan or in
the official barangay list in the custody of the barangay
secretary.
Section 425. Meetings of the Katipunan ng Kabataan. -
The katipunan ng kabataan shall meet at least once
every three (3) months, or at the call of the chairman of
the sangguniang kabataan or upon written petition of at
least one-twentieth (1/20) of its members, to decide on
important issues affecting the youth of the barangay.
Section 426. Powers and Functions of the Sangguniang
Kabataan. - The sangguniang kabataan shall:
(a) Promulgate resolutions necessary to carry out the
objectives of the youth in the barangay in accordance
with the applicable provisions of this Code;
(b) Initiate programs designed to enhance the social,
political, economic, cultural, intellectual, moral, spiritual,
and physical development of the members;
(c) Hold fund-raising activities, the proceeds of which shall
be tax-exempt and shall accrue to the general fund of the
sangguniang kabataan: Provided, however, That in the
appropriation thereof, the specific purpose for which such
activity has been held shall be first satisfied;
(d) Create such bodies or committees as it may deem
necessary to effectively carry out its programs and
activities;
(e) Submit annual and end-of-term reports to the
sangguniang barangay on their projects and activities for
the survival and development of the youth in the
barangay;
(f) Consult and coordinate with all youth organizations in
the barangay for policy formulation and program
implementation;
(g) Coordinate with the appropriate national agency for
the implementation of youth development projects and
programs at the national level;
(h) Exercise such other powers and perform such other
duties and functions as the sangguniang barangay may
determine or delegate; and
(i) Exercise such other powers and perform such other
duties and functions as may be prescribed by law or
ordinance.
Section 427. Meetings of the Sangguniang Kabataan. -
The sangguniang kabataan shall meet regularly once a
month on the date, time, and place to be fixed by the
said sanggunian. Special meetings may be called by the
sangguniang kabataan chairman or any three (3) of its
members by giving written notice to all members of the
date, time, place and agenda of the meeting at least one
(1) day in advance. Notices of regular or special meetings
shall be furnished the punong barangay and the
sangguniang barangay.
A majority of the members of the sangguniang kabataan
shall constitute a quorum.
Section 428. Qualifications. - An elective official of the
sangguniang kabataan must be a citizen of the
Philippines, a qualified voter of the katipunan ng
kabataan, a resident of the barangay for at least one (1)
year immediately prior to election, at least fifteen (15)
years but not more than twenty- one (21) years of age
on the day of his election, able to read and write Filipino,
English, or the local dialect, and must not have been
convicted of any crime involving moral turpitude.
Section 429. Term of Office. - The sangguniang kabataan
chairman and members shall hold office for a period of
three (3) years, unless sooner removed for cause as
provided by law, permanently incapacitated, die or resign
from office.
Section 430. Sangguniang Kabataan Chairman. - The
registered voters of the katipunan ng kabataan shall
elect the chairman of the sangguniang kabataan who
shall automatically serve as an ex officio member of the
sangguniang barangay upon his assumption to office. As
such, he shall exercise the same powers, discharge the
same duties and functions, and enjoy the same privileges
as the regular sangguniang barangay members, and shall
be the chairman of the committee on youth and sports
development in the said sanggunian.
Section 431. Powers and Duties of the Sangguniang
Kabataan Chairman. - In addition to the duties which
may be assigned to him by the sangguniang barangay,
the sangguniang kabataan chairman shall:
(a) Call and preside over all meetings of the katipunan ng
kabataan and the sangguniang kabataan;
(b) Implement policies, programs, and projects within his
jurisdiction in coordination with the sangguniang
barangay;
(c) Exercise general supervision over the affairs and
activities of the sangguniang kabataan and the official
conduct of its members, and such other officers of the
sangguniang kabataan within his jurisdiction;
(d) With the concurrence of the sangguniang kabataan,
appoint from among the members of the sangguniang
kabataan, the secretary and treasurer and such other
officers as may be deemed necessary; and
(e) Exercise such other powers and perform such other
duties and functions as may be prescribed by law or
ordinance.
Section 432. Sangguniang Kabataan Secretary. - The
sangguniang kabataan secretary shall:
(a) Keep all records of the katipunan ng kabataan and
sangguniang kabataan;
(b) Prepare and keep the minutes of all meetings of the
katipunan ng kabataan and sangguniang kabataan;
(c) Prepare all forms necessary for the conduct of
registrations, elections, initiatives, referenda, or
plebiscites, in coordination with the barangay secretary
and the COMELEC; and
(d) Perform such other duties and discharge such other
functions as the chairman of the sangguniang kabataan
may prescribe or direct.
Section 433. Sangguniang Kabataan Treasurer. - The
sangguniang kabataan treasurer shall:
(a) Take custody of all sangguniang kabataan property
and funds not otherwise deposited with the city or
municipal treasurer;
(b) Collect and receive contributions, monies, materials,
and all other sources intended for the sangguniang
kabataan and katipunan ng kabataan;
(c) Disburse funds in accordance with an approved
budget of the sangguniang kabataan;
(d) Certify to the availability of funds whenever necessary;
(e) Submit to the sangguniang kabataan and to the
sangguniang barangay certified and detailed statements
of actual income and expenditures at the end of every
month; and
(f) Perform such other duties and discharge such other
functions as the chairman of the sangguniang kabataan
may direct.
Section 434. Privileges of Sangguniang Kabataan
Officials. - The sangguniang kabataan chairman shall
have the same privileges enjoyed by other sangguniang
barangay officials under this Code subject to such
requirements and limitations provided herein. During
their incumbency, sangguniang kabataan officials shall
be exempt from payment of tuition and matriculation
fees while enrolled in public tertiary schools, including
state colleges and universities. The national government
shall reimburse said college or university the amount of
the tuition and matriculation fees: Provided, That, to
qualify for the privilege, the said officials shall enroll in a
state college or university within or nearest their area of
jurisdiction.
Section 435. Succession and Filling of Vacancies. -
(a) In case a sangguniang kabataan chairman refuses to
assume office, fails to qualify, is convicted of a felony,
voluntarily resigns, dies, is permanently incapacitated, is
removed from office, or has been absent without leave for
more than three (3) consecutive months,
sangguniang kabataan member who obtained the next
highest number of votes in the election immediately
preceding shall assume the office of the chairman for the
unexpired portion of the term, and shall discharge the
powers and duties, and enjoy the rights and privileges
appurtenant to the office. In case the said member
refuses to assume the position or fails to qualify, the
sangguniang member obtaining the next highest
number of votes shall assume the position of
chairman for the unexpired portion of the term.
(b) Where two (2) or more sangguniang kabataan
members obtained the same next highest number of
votes, the other sangguniang kabataan members shall
conduct an election to choose the successor to the
chairman from among the said members.
(c) After the vacancy shall have been filled, the
sangguniang kabataan chairman shall call a special
election to complete the membership of said
sanggunian. Such sangguniang kabataan member shall
hold office for the unexpired portion of the term of the
vacant seat.
(d) In case of suspension of the sangguniang kabataan
chairman, the successor, as determined in subsections (a)
and (b) of this Section shall assume the position during
the period of such suspension.
CHAPTER IX Pederasyon ng mga Sangguniang
Kabataan [see RA 10742]
Section 436. Pederasyon ng mga Kabataan. -
(a) There shall be an organization of all the pederasyon
ng mga sangguniang kabataan to be known as follows:
(1) in municipalities pambayang pederasyon ng mga
sangguniang kabataan;
(2) in cities, panlungsod na pederasyon ng mga
sangguniang kabataan;
(3) in provinces, panlalawigang pederasyon ng mga
kabataan;
(4) in special metropolitan political subdivisions,
pangmetropolitan pederasyon ng mga sangguniang
kabataan; and
(5) on the national level pambansang pederasyon ng
mga sangguniang kabataan.
(b) The pederasyon ng mga sangguniang kabataan shall,
at all levels, elect from among themselves the president,
vice- president and such other officers as may be
necessary and shall be organized in the following
manner:
(1) The panlungsod and pambayang pederasyon shall be
composed of the sangguniang kabataan chairmen of
barangays in the city or municipality, respectively;
(2) The panlalawigang pederasyon shall be composed of
presidents of the panlungsod and pambayang
pederasyon;
(3) The pangmetropolitang pederasyon shall be
composed of presidents of the panlungsod and
pambayan pederasyon;
(c) The elected presidents of the pederasyon at the
provincial, highly urbanized city, and metropolitan
political subdivision levels shall constitute the
pambansang katipunan ng mga sangguniang kabataan.
Section 437. Constitution and By-Laws. - The term of
office, manner of election, removal and suspension of
the officers of the pederasyon ng mga sangguniang
kabataan at all levels shall be governed by the
constitution and by-laws of the pederasyon in
conformity with the provisions of this Code and national
policies on youth.
Section 438. Membership in the Sanggunian. -
(a) A sangguniang kabataan chairman shall, upon
certification of his election by the COMELEC and during
his tenure of office is elected as pederasyon president,
serve as an ex-officio member of the sangguniang
panlalawigan, sangguniang panlungsod, and
sangguniang bayan, as the case may be, without need of
further appointment.
the
(b) The vice-president of the pederasyon whose
president has been elected as president of a higher
pederasyon shall serve as ex-officio member of the
sanggunian concerned without need of further
appointment.
(c) The pederasyon president or vice-president, as the
case may be, shall be the chairman of the committee on
youth and sports development of the sanggunian
concerned.
the
CHAPTER X Linggo ng Kabataan [see RA 10742]
Section 439. Observance of Linggo ng Kabataan. -
(a) Every barangay, municipality, city and province shall, in
coordination with the pederasyon ng mga sangguniang
kabataan at all levels, conduct an annual activity to be
known as the Linggo ng Kabataan on such date as shall
be determined by the Office of the President.
(b) The observance of the Linggo ng Kabataan shall
include the election of the counterparts of all local
elective and appointive officials, as well as heads of
national offices or agencies stationed or assigned in the
territorial jurisdiction of the local government unit,
among in-school and community youth residing in the
local government unit concerned from ages thirteen (13)
to seventeen (17). During said week, they shall hold
office as boy and girl officials and shall perform such
duties and conduct such activities as may be provided in
the ordinance enacted pursuant to this Chapter.
➔ Sections 329, 423-439 have been repealed or
modfied by RA No 10742, January 15, 2016.
TITLE II THE MUNICIPALITY
CHAPTER I Role and Creation of the Municipality
Section 440. Role of the Municipality. - The municipality,
consisting of a group of barangays, serves primarily as a
general purpose government for the coordination and
delivery of basic, regular and direct services and
effective governance of the inhabitants within its
territorial jurisdiction.
Section 441. Manner of Creation. - A municipality may
be created, divided, merged, abolished, or its boundary
substantially altered only by an Act of Congress and
subject to the approval by a majority of the votes cast in
a plebiscite to be conducted by the COMELEC in the local
government unit or units directly affected. Except as
may otherwise be provided in the said Act, the plebiscite
shall be held within one hundred twenty (120) days from
the date of its effectivity.
Section 442. Requisites for Creation. -
(a) A municipality may be created if it has an average
annual income, as certified by the provincial treasurer,
of
at least Two million five hundred thousand pesos
(P2,500,000.00) for the last two (2) consecutive years
based on the 1991 constant prices; a population of at least
twenty-five thousand (25,000) inhabitants as certified by
the National Statistics Office; and a contiguous territory of
at least fifty (50) square kilometers as certified by the
Lands Management Bureau: Provided, That the creation
thereof shall not reduce the land area, population or
income of the original municipality or municipalities at the
time of said creation to less than the minimum
requirements prescribed herein.
(b) The territorial jurisdiction of a newly-created
municipality shall be properly identified by metes and
bounds. The requirement on land area shall not apply
where the municipality proposed to be created is
composed of one (1) or more islands. The territory need
not be contiguous if it comprises two (2) or more islands.
(c) The average annual income shall include the income
accruing to the general fund of the municipality
concerned, exclusive of special funds, transfers and non-
recurring income.
(d) Municipalities existing as of the date of the effectivity
of this Code shall continue to exist and operate as such.
Existing municipal districts organized pursuant to
presidential issuances or executive orders and which have
their respective set of elective municipal officials holding
office at the time of the effectivity of this Code shall
henceforth be considered as regular municipalities.
CHAPTER II Municipal Officials in General
Section 443. Officials of the Municipal Government. -
(a) There shall be in each municipality a municipal
mayor, a municipal vice-mayor, sangguniang bayan
members, a secretary to the sangguniang bayan, a
municipal treasurer, a municipal assessor, a municipal
accountant, a municipal budget officer, a municipal
planning and development coordinator, a municipal
engineer/building official, a municipal health officer and
a municipal civil registrar.
(b) In addition thereto, the mayor may appoint a
municipal administrator, a municipal legal officer, a
municipal agriculturist, a municipal environment and
natural resources officer, a municipal social welfare and
development officer, a municipal architect, and a (vi) Upon authorization by the sangguniang bayan,
municipal information officer.
(c) The sangguniang bayan may:
(1) Maintain existing offices not mentioned in subsections
(a) and (b) hereof;
(2) Create such other offices as may be necessary to carry
out the purposes of the municipal government; or
(3) Consolidate the functions of any office with those of
another in the interest of efficiency and economy.
(d) Unless otherwise provided herein, heads of
departments and offices shall be appointed by the
municipal mayor with the concurrence of the majority of
all the sangguniang bayan members, subject to civil
service law, rules and regulations. The sangguniang
bayan shall act on the appointment within fifteen (15)
days from the date of its submission; otherwise, the
same shall be deemed confirmed.
(e) Elective and appointive municipal officials shall
receive such compensation, allowances and other
emoluments as may be determined by law or ordinance,
subject to the budgetary limitations on personal services
as prescribed in Title Five, Book Two of this Code:
Provided, That no increase in compensation of the mayor,
vice-mayor, and sangguniang bayan members shall take
effect until after the expiration of the full term of all the
elective local officials approving such increase.
CHAPTER III Officials and Offices Common to All
Municipalities
ARTICLE I The Municipal Mayor
Section 444. The Chief Executive: Powers, Duties,
Functions and Compensation. -
(a) The municipal mayor, as the chief executive of the
municipal government, shall exercise such powers and
performs such duties and functions as provided by this
Code and other laws.
(b) For efficient, effective and economical governance
the purpose of which is the general welfare of the
municipality and its inhabitants pursuant to Section 16 of
this Code, the municipal mayor shall:
(1) Exercise general supervision and control over all
programs, projects, services, and activities of the
municipal government, and in this connection, shall:
(i) Determine the guidelines of municipal policies and be
responsible to the sangguniang bayan for the program of
government;
(ii) Direct the formulation of the municipal development
plan, with the assistance of the municipal development
council, and upon approval thereof by the sangguniang
bayan, implement the same;
(iii) At the opening of the regular session of the
sangguniang bayan for every calendar year and, as may
be deemed necessary, present the program of
government and propose policies and projects for the
consideration of the sangguniang bayan as the general
welfare of the inhabitants and the needs of the
municipal government may require;
(iv) Initiate and propose legislative measures to the
sangguniang bayan and, from time to time as the
situation may require, provide such information and
data needed or requested by said sanggunian in the
performance of its legislative functions;
(v) Appoint all officials and employees whose salaries
and wages are wholly or mainly paid out of municipal
funds and whose appointments are not otherwise
provided for in this Code, as well as those he may be
authorized by law to appoint;
represent the municipality in all its business transactions
and sign on its behalf all bonds, contracts, and
obligations, and such other documents made pursuant to
law or ordinance;
(vii) Carry out such emergency measures as may be
necessary during and in the aftermath of man-made and
natural disasters and calamities;
(viii) Determine, according to law or ordinance, the time,
manner and place of payment of salaries or wages of the
officials and employees of the municipality;
(ix) Allocate and assign office space to municipal and
other officials and employees who, by law or ordinance,
are entitled to such space in the municipal hall and other
buildings owned or leased by the municipal government;
(x) Ensure that all executive officials and employees of the
municipality faithfully discharge their duties and
functions as provided by law and this Code, and cause to
be instituted administrative or judicial proceedings
against any official or employee of the municipality who
may have committed as offense in the performance of his
official duties;
(xi) Examine the books, records and other documents of
all offices, officials, agents or employees of the
municipality and in aid of his executive powers and
authority, require all national officials and employees
stationed in or assigned to the municipality to make
available to him such books, records, and other
documents in their custody, except those classified by
law as confidential;
(xii) Furnish copies of executive orders issued by him to
the provincial governor within seventy-two (72) hours
after their issuance: Provided, That municipalities of
Metropolitan Manila Area and that of any metropolitan
political subdivision shall furnish copies of said executive
orders to the metropolitan authority council chairman
same and exercise general and operational control and
and to the Office of the President;
supervision over the local police in the municipality in
(xiii) Visit component barangays of the municipality at
accordance with R.A. No 6975;
least once every six (6) months to deepen his
(vi) Call upon the appropriate law enforcement agencies
understanding of problems and conditions therein, listen
to suppress disorder, riot, lawless violence, rebellion or
and give appropriate counsel to local officials and
sedition or to apprehend violators of the law when public
inhabitants, inform the component barangay officials
interest so requires and the municipal police forces are
and inhabitants of general laws and ordinances which
inadequate to cope with the situation or the violators;
especially concern them, and otherwise conduct visits
(3) Initiate and maximize the generation of resources
and inspections to the end that the governance of the
and revenues, and apply the same to the
municipality will improve the quality of life of the
implementation of development plans, program
inhabitants;
objectives and priorities as provided for under Section
(xiv) Act on leave applications of officials and employees
18 of this Code, particularly those resources and
appointed by him and the commutation of the monetary
revenues programmed for gro-industrial development
value of leave credits according to law;
and country-wide growth and progress, and relative
(xv) Authorize official trips outside of the municipality of
thereto, shall:
municipal officials and employees for a period not
(i) Require each head of an office or department to
exceeding thirty (30) days;
prepare and submit an estimate of appropriations for the
(xvi) Call upon any national official or employee
ensuing calendar year, in accordance with the budget
stationed in or assigned to the municipality to advise him
preparation process under Title Five, Book II of this Code;
on matters affecting the municipality and to make
(ii) Prepare and submit to the sanggunian for approval
recommendations thereon, or to coordinate in the
the executive and supplemental budgets of the
formulation and implementation of plans, programs and
municipality for the ensuing calendar year in the manner
projects, and when appropriate, initiate an
provided for under Title Five, Book II of this Code;
administrative or judicial action against a national
(iii) Ensure that all taxes and other revenues of the
government official or employee who may have
municipality are collected and that municipal funds are
committed an offense in the performance of his official
applied in accordance with law or ordinance to the
duties while stationed in or assigned to the local
payment of expenses and settlement of obligations of the
government unit concerned;
municipality;
(xvii) Subject to availability of funds, authorize payment of
(iv) Issue licenses and permits and suspend or revoke the
medical care, necessary transportation, subsistence,
same for any violation of the conditions upon which said
hospital or medical fees of municipal officials and
licenses or permits had been issued, pursuant to law or
employees who are injured while in the performance of
ordinance;
their official duties and functions;
(v) Issue permits, without need of approval therefor from
(xviii) Solemnize marriages, any provision of law to the
any national agency, for the holding of activities for any
contrary notwithstanding;
charitable or welfare purpose, excluding prohibited
(xix) Conduct a palarong bayan, in coordination with the
games of chance or shows contrary to law, public policy
Department of Education, Culture and Sports, as an
and public morals;
annual activity which shall feature traditional sports and
(vi) Require owners of illegally constructed houses,
disciplines included in national and international games;
buildings or other structures to obtain the necessary
and
permit, subject to such fines and penalties as may be
(xx) Submit to the provincial governor the following
imposed by law or ordinance, or to make necessary
reports: an annual report containing a summary of all
changes in the construction of the same when said
matters pertaining to the management, administration
construction violates any law or ordinance, or to order
and development of the municipality and all information
the demolition or removal of said house, building or
and data relative to its political, social and economic
structure within the period prescribed by law or
conditions; and supplemental reports when unexpected
ordinance;
events and situations arise at any time during the year,
(vii) Adopt adequate measures to safeguard and conserve
particularly when man-made or natural disasters or
land, mineral, marine, forest, and other resources of the
calamities affect the general welfare of the municipality,
municipality; provide efficient and effective property and
province, region or country. mayors of municipalities of
supply management in the municipality; and protect the
the Metropolitan Manila Area and other metropolitan
funds, credits, rights and other properties of the
political subdivisions shall submit said reports to their
municipality; and
respective metropolitan council chairmen and to the
(viii) Institute or cause to be instituted administrative or
Office of the President;
judicial proceedings for violation of ordinances in the
(2) Enforce all laws and ordinances relative to the
governance of the municipality and the exercise of its collection of taxes, fees or charges, and for the recovery of
corporate powers provided for under Section 22 of this funds and property; and cause the municipality to be
Code implement all approved policies, programs, defended against all suits to ensure that its interests,
projects, services and activities of the municipality and, resources and rights shall be adequately protected;
in addition to the foregoing, shall: (4) Ensure the delivery of basic services and the provision
(i) Ensure that the acts of the municipality's component of adequate facilities as provided for under Section 17 of
barangays and of its officials and employees are within this Code and, in addition thereto, shall:
the scope of their prescribed powers, functions, duties and (i) Ensure that the construction and repair of roads and
responsibilities; highways funded by the national government shall be, as
(ii) Call conventions, conferences, seminars or meetings far as practicable, carried out in a spatially contiguous
of any elective and appointive officials of the manner and in coordination with the construction and
municipality, including provincial officials and national repair of the roads and bridges of the municipality and
officials and employees stationed in or assigned to the the province; and
municipality at such time and place and on such subject (ii) Coordinate the implementation of technical services
as he may deem important for the promotion of the rendered by national and provincial offices, including
general welfare of the local government unit and its public works and infrastructure programs in the
inhabitants; municipality; and
(iii) Issue such executive orders as are necessary for the (5) Exercise such other powers and perform such other
proper enforcement and execution of laws and duties and functions as may be prescribed by law or
ordinances; ordinance.
(iv) Be entitled to carry the necessary firearm within his (c) During his incumbency, the municipal mayor shall
territorial jurisdiction; hold office in the municipal hall.
(v) Act as the deputized representative of the National (d) The municipal mayor shall receive a minimum
Police Commission, formulate the peace and order plan monthly compensation corresponding to Salary Grade
of the municipality and upon its approval implement the twenty-seven (27) as prescribed under R.A. No. 6758
and the implementing guidelines issued pursuant
thereto.

ARTICLE II The Vice Mayor
Section 445. Powers, Duties and Compensation. -
(a) The vice-mayor shall:
(1) Be the presiding officer of the sangguniang bayan and
sign all warrants drawn on the municipal treasury for all
expenditures appropriated for the operation of the
sangguniang bayan;
(2) Subject to civil service law, rules and regulations,
appoint all officials and employees of the sangguniang
bayan, except those whose manner of appointment is
specifically provided in this Code;
(3) Assume the office of the municipal mayor for the
unexpired term of the latter in the event of permanent
vacancy as provided for in Section 44, Book I of this
Code;
(4) Exercise the powers and perform the duties and
functions of the municipal mayor in cases of temporary
vacancy as provided for in Section 46, Book I of this Code;
and
(5) Exercise such other powers and perform such other
duties and functions as may be prescribed by law or
ordinance.
(b) The vice-mayor shall receive a monthly compensation
corresponding to Salary Grade twenty five (25) as
prescribed under R.A. No. 6758 and the implementing
guidelines issued pursuant thereto.
ARTICLE III The Sangguniang Bayan
Section 446. Composition. -
(a) The sangguniang bayan, the legislative body of the
municipality, shall be composed of the municipal vice
mayor as the presiding officer, the regular sanggunian
members, the president of the municipal chapter of the
liga ng mga barangay, the president of the pambayang
pederasyon ng mga sangguniang kabataan, and the
sectoral representatives, as members.
(b) In addition thereto, there shall be three (3) sectoral
representatives: one (1) from the women; and as shall be
determined by the sanggunian concerned within ninety
(90) days prior to the holding of local elections, one (1)
from the agricultural or industrial workers, and one (1)
from other sectors, including the urban poor, indigenous
cultural communities, or disabled persons.
(c) The regular members of the sangguniang bayan and
the sectoral representatives shall be elected in the
manner as may be provided for by law.
Section 447. Powers, Duties, Functions and
Compensation. -
(a) The sangguniang bayan, as the legislative body of the
municipality, shall enact ordinances, approve resolutions
and appropriate funds for the general welfare of the
municipality and its inhabitants pursuant to Section 16 of
this Code and in the proper exercise of the corporate
powers of the municipality as provided for under Section
22 of this Code, and shall:
(1) Approve ordinances and pass resolutions necessary for
an efficient and effective municipal government, and in this
connection shall:
(i) Review all ordinances approved by the sangguniang
barangay and executive orders issued by the punong
barangay to determine whether these are within the
scope of the prescribed powers of the sanggunian and of
the punong barangay;
(ii) Maintain peace and order by enacting measures to
prevent and suppress lawlessness, disorder, riot, violence,
rebellion or sedition and impose penalties for the
violation of said ordinances;
(iii) Approve ordinances imposing a fine not exceeding
Two thousand five hundred pesos (P2,500.00) or an
imprisonment for a period not exceeding six (6) months,
or both in the discretion of the court, for the violation of
a municipal ordinance;
(iv) Adopt measures to protect the inhabitants of the
municipality from the harmful effects of man-made or
natural disasters and calamities and to provide relief
services and assistance for victims during and in the
aftermath of said disasters or calamities and their return
to productive livelihood following said events;
(v) Enact ordinances intended to prevent, suppress and
impose appropriate penalties for habitual drunkenness
in public places, vagrancy, mendicancy, prostitution,
establishment and maintenance of houses of ill repute,
gambling and other prohibited games of chance,
fraudulent devices and ways to obtain money or
property, drug addiction, maintenance of drug dens,
drug pushing, juvenile delinquency, the printing,
distribution or exhibition of obscene or pornographic
materials or publications, and such other activities
inimical to the welfare and morals of the inhabitants of
the municipality;
(vi) Protect the environment and impose appropriate
penalties for acts which endanger the environment, such
as dynamite fishing and other forms of destructive
fishing, illegal logging and smuggling of logs, smuggling
of natural resources products and of endangered species
of flora and fauna, slash and burn farming, and such
other activities which result in pollution, acceleration of
eutrophication of rivers and lakes, or of ecological
imbalance;
(vii) Subject to the provisions of this Code and pertinent
laws, determine the powers and duties of officials and
employees of the municipality;
(viii) Determine the positions and salaries, wages,
allowances and other emoluments and benefits of
officials and employees paid wholly or mainly from
municipal funds and provide for expenditures necessary
for the proper conduct of programs. projects, services,
and activities of the municipal government;
(ix) Authorize the payment of compensation to a
qualified person not in the government service who fills
up a temporary vacancy or grant honorarium to any
qualified official or employee designated to fill a
temporary vacancy in a concurrent capacity, at the rate
authorized by law;
(x) Provide a mechanism and the appropriate funds
therefor, to ensure the safety and protection of all
municipal government property, public documents, or
records such as those relating to property inventory, land
ownership, records of births, marriages, deaths,
assessments, taxation, accounts, business permits, and
such other records and documents of public interest in
the offices and departments of the municipal
government;
(xi) When the finances of the municipal government
allow, provide for additional allowances and other
benefits to judges, prosecutors, public elementary and
high school teachers, and other national government
officials stationed in or assigned to the municipality;
(xii) Provide for legal assistance to barangay officials who,
in the performance of their official duties or on the
occasion thereof, have to initiate judicial proceedings or
defend themselves against legal action; and
(xii) Provide for group insurance or additional insurance
coverage for barangay officials, including members of
barangay tanod brigades and other service units, with
public or private insurance companies, when the finances
of the municipal government allow said coverage.
(2) Generate and maximize the use of resources and
revenues for the development plans, program objectives
and priorities of the municipality as provided for under
Section 18 of this Code with particular attention to agro-
industrial development and countryside growth and
progress, and relative thereto, shall:
(i) Approve the annual and supplemental budgets of the
municipal government and appropriate funds for specific
programs, projects, services and activities of the
municipality, or for other purposes not contrary to law, in
order to promote the general welfare of the municipality
and its inhabitants;
(ii) Subject to the provisions of Book II of this Code and
applicable laws and upon the majority vote of all the
members of the sangguniang bayan, enact ordinances
levying taxes, fees and charges, prescribing the rates
thereof for general and specific purposes, and granting
tax exemptions, incentives or reliefs;
(iii) Subject to the provisions of Book II of this Code and
upon the majority vote of all the members of the
sangguniang bayan, authorize the municipal mayor to
negotiate and contract loans and other forms of
(iv) Regulate the display of and fix the license fees for
indebtedness;
signs, signboards, or billboards at the place or places
(iv) Subject to the provisions of Book II of this Code and
where the profession or business advertised thereby is, in
applicable laws and upon the majority vote of all the
whole or in part, conducted;
members of the sangguniang bayan, enact ordinances
(v) Any law to the contrary notwithstanding, authorize
authorizing the floating of bonds or other instruments of
and license the establishment, operation, and
indebtedness, for the purpose of raising funds to finance
maintenance of cockpits, and regulate cockfighting and
development projects;
commercial breeding of gamecocks: Provided, That
(v) Appropriate funds for the construction and
existing rights should not be prejudiced;
maintenance or the rental of buildings for the use of the
(vi) Subject to the guidelines prescribed by the
municipality and, upon the majority vote of all the
Department of Transportation and Communications,
members of the sangguniang bayan, authorize the
regulate the operation of tricycles and grant franchises
municipal mayor to lease to private parties such public
for the operation thereof within the territorial
buildings held in a proprietary capacity, subject to
jurisdiction of the municipality;
existing laws, rules and regulations;
(vii) Upon approval by a majority vote of all the members
(vi) Prescribe reasonable limits and restraints on the use
of the sangguniang bayan, grant a franchise to any
of property within the jurisdiction of the municipality:
person, partnership, corporation, or cooperative to
(vii) Adopt a comprehensive land use plan for the
establish, construct, operate and maintain ferries,
municipality: Provided, That the formulation, adoption,
wharves, markets or slaughterhouses, or such other
or modification of said plan shall be in coordination with
similar activities within the municipality as may be
the approved provincial comprehensive land use plan;
allowed by applicable laws: Provided, That, cooperatives
(viii) Reclassify land within the jurisdiction of the
shall be given preference in the grant of such a franchise.
municipality, subject to the pertinent provisions of this
(4) Regulate activities relative to the use of land,
Code;
buildings and structures within the municipality in order
(ix) Enact integrated zoning ordinances in consonance
to promote the general welfare and for said purpose
with the approved comprehensive land use plan, subject
shall:
to existing laws, rules and regulations; established fire
(i) Declare, prevent or abate any nuisance;
limits or zones, particularly in populous centers; and
(ii) Require that buildings and the premises thereof and
regulate the construction, repair or modification of
any land within the municipality be kept and maintained
buildings within said fire limits or zones in accordance
in a sanitary condition; impose penalties for any violation
with the provisions of this Code;
thereof, or upon failure to comply with said requirement,
(x) Subject to national law, process and approve
have the work done and require the owner, administrator
subdivision plans for residential, commercial, or industrial
or tenant concerned to pay the expenses of the same; or
purposes and other development purposes, and collect
require the filling up of any land or premises to a grade
processing fees and other charges the proceeds of which
necessary for proper sanitation;
shall accrue entirely to the municipality: Provided,
(iii) Regulate the disposal of clinical and other wastes
however, That, where approval by a national agency or
from hospitals, clinics and other similar establishments;
office is required, said approval shall not be withheld for
(iv) Regulate the establishment, operation and
more than thirty (30) days from receipt of the application.
maintenance of cafes, restaurants, beerhouses, hotels,
Failure to act on the application within the period stated
motels, inns, pension houses, lodging houses, and other
above shall be deemed as approval thereof;
similar establishments, including tourist guides and
(xi) Subject to the provisions of Book II of this Code, grant
transports;
the exclusive privilege of constructing fish corrals or fish
(v) Regulate the sale, giving away or dispensing of any
pens, or the taking or catching of bangus fry, prawn fry or
intoxicating malt, vino, mixed or fermented liquors at
kawag-kawag of fry of any species or fish within the
any retail outlet;
municipal waters;
(vi) Regulate the establishment and provide for the
(xii) With the concurrence of at least two-thirds (2/3) of all
inspection of steam boilers or any heating device in
the members of the sangguniang bayan, grant tax
buildings and the storage of inflammable and highly
exemptions, incentives or reliefs to entities engaged in
combustible materials within the municipality;
community growth-inducing industries, subject to the
(vii) Regulate the establishment, operation, and
provisions of Chapter 5, Title I, Book II of this Code.
maintenance of entertainment or amusement facilities,
(xiii) Grant loans or provide grants to other local
including theatrical performances, circuses, billiards
government units or to national, provincial and municipal
pools, public dancing schools, public dance halls, sauna
charitable, benevolent or educational institutions:
baths, massage parlors, and other places of
Provided, That said institutions are operated and
entertainment or amusement; regulate such other events
maintained within the municipality;
or activities for amusement or entertainment, particularly
(xiv) Regulate the numbering of residential, commercial
those which tend to disturb the community or annoy the
and other buildings; and
inhabitants, or require the suspension or suppression of
(xv) Regulate the inspection, weighing and measuring of
the same; or, prohibit certain forms of amusement or
articles of commerce.
entertainment in order to protect the social and moral
(3) Subject to the provisions of Book II of this Code, grant
welfare of the community;
franchises, enact ordinances authorizing the issuance of
(viii) Provide for the impounding of stray animals; regulate
permits or licenses, or enact ordinances levying taxes,
the keeping of animals in homes or as part of a business,
fees and charges upon such conditions and for such
and the slaughter, sale or disposition of the same; and
purposes intended to promote the general welfare of the
adopt measures to prevent and penalize cruelty to
inhabitants of the municipality, and pursuant to this
animals; and
legislative authority shall:
(ix) Regulate the establishment, operation, and
(i) Fix and impose reasonable fees and charges for all maintenance of funeral parlors and the burial or
services rendered by the municipal government to
cremation of the dead, subject to existing laws, rules and
private persons or entities;
regulations.
(ii) Regulate any business, occupation, or practice of
(5) Approve ordinances which shall ensure the efficient
profession or calling which does not require government
and effective delivery of the basic services and facilities
examination within the municipality and the conditions
as provided for under Section 17 of this Code, and in
under which the license for said business or practice of
addition to said services and facilities, shall:
profession may be issued or revoked;
(i) Provide for the establishment, maintenance,
(iii) Prescribe the terms and conditions under which protection, and conservation of communal forests and
public utilities owned by the municipality shall be
watersheds, tree parks, greenbelts, mangroves, and other
operated by the municipal government or leased to
similar forest development projects;
private persons or entities, preferably cooperatives;
(ii) Establish markets, slaughterhouses or animal corrals
and authorize the operation thereof, and regulate the
construction and operation of private markets, talipapas
(xv) Establish and provide for the maintenance and
or other similar buildings and structures;
improvement of jails and detention centers, institute
(iii) Authorize the establishment, maintenance and
sound jail management programs, and appropriate funds
operation of ferries, wharves, and other structures, and
for the subsistence of detainees and convicted prisoners
marine and seashore or offshore activities intended to
in the municipality;
accelerate productivity;
(xvi) Establish a municipal council whose purpose is the
(iv) Regulate the preparation and sale of meat, poultry,
promotion of culture and the arts, coordinate with
fish, vegetables, fruits, fresh dairy products, and other
government agencies and non-governmental
foodstuffs for public consumption;
organizations and, subject to the availability of funds,
(v) Regulate the use of streets, avenues, alleys, sidewalks,
appropriate funds for the support and development of
bridges, parks and other public places and approve the
the same; and
construction, improvement, repair and maintenance of
(xvi) Establish a municipal council for the orderly which
the same; establish bus and vehicle stops and terminals
shall formulate policies and adopt measures mutually
or regulate the use of the same by privately-owned
beneficial to the elderly and to the community; provide
vehicles which serve the public; regulate garages and the
incentives for non-governmental agencies and entities
operation of conveyances for hire; designate stands to be
and, subject to the availability of funds, appropriate
occupied by public vehicles when not in use; regulate the
funds to support programs and projects for the benefit
putting up of signs, signposts, awnings and awning posts on
of the elderly; and
the streets; provide for the lighting, cleaning and sprinkling
(6) Exercise such other powers and perform such other
of streets and public places;
duties and functions as may be prescribed by law or
(vi) Regulate traffic on all streets and bridges, prohibit
ordinance.
the putting up of encroachments or obstacles thereon,
(b) The members of the sangguniang bayan shall receive
and, when necessary in the interest of public welfare,
a minimum monthly compensation corresponding to
authorize the removal of encroachments and illegal
Salary Grade twenty-four (24) as prescribed under R.A.
constructions in public places;
No. 6758 and the implementing guidelines issued
(vii) Subject to existing laws, provide for the
pursuant thereto: Provided, That, in municipalities in
establishment, operation, maintenance, and repair of an
Metropolitan Manila Area and other metropolitan
efficient waterworks system to supply water for the
political subdivisions, members of the sangguniang
inhabitants; regulate the construction, maintenance,
bayan shall receive a minimum monthly compensation
repair and use of hydrants, pumps, cisterns and reservoirs;
corresponding to Salary grade twenty-five (25).
protect the purity and quantity of the water supply of the
municipality and, for this purpose, extend the coverage of
appropriate ordinances over all territory within the TITLE III THE CITY
drainage area of said water supply and within one
hundred (100) meters of the reservoir, conduit, canal,
aqueduct, pumping station, or watershed used in CHAPTER I Role and Creation of the City
connection with the water service; and regulate the
consumption, use or wastage of water;
Section 448. Role of the City. - The city, consisting of
(viii) Regulate the drilling and excavation of the ground
more urbanized and developed barangays. serves as a
for laying of water, gas, sewer, and other pipes and the
general purpose government for the coordination and
construction, repair and maintenance of public drains,
delivery of basic, regular, and direct services and
sewers, cesspools, tunnels and similar structures; regulate
effective governance of the inhabitants within its
the placing of poles and the use of crosswalks, curbs, and
territorial jurisdiction.
gutters; adopt measures to ensure public safety against
Section 449. Manner of Creation. - A city may be
open canals, manholes, live wires and other similar
created, divided, merged, abolished, or its boundary
hazards to life and property; and regulate the
substantially altered, only by an Act of Congress, and
construction and use of private water closets, privies and
subject to approval by a majority of the votes cast in a
other similar structures in buildings and homes;
plebiscite to be conducted by the COMELEC in the local
(ix) Regulate the placing, stringing, attaching, installing,
government unit or units directly affected. Except as
repair and construction of all gas mains, electric,
may otherwise be provided in such Act. the plebiscite
telegraph and telephone wires, conduits, meters and
shall be held within one hundred twenty (120) days from
other apparatus; and, provide for the correction,
the date of its effectivity.
condemnation or removal of the same when found to be
Section 450. Requisites for Creation.
dangerous, defective or otherwise hazardous to the
(a) A municipality or a cluster of barangays may be
welfare of the inhabitants;
converted into a component city if it has a locally
(x) Subject to the availability of funds and to existing
generated average annual income, as certified by the
laws, rules and regulations, establish and provide for the
Department of Finance, of at least One hundred million
operation of vocational and technical schools and similar
pesos (P100,000,000.00) for the last two (2) consecutive
post-secondary institutions and, with the approval of the
years based on 2000 constant prices, and if it has either of
Department of Education. Culture and Sports, fix and
the following requisites:
collect reasonable fees and other school charges on said
institutions, subject to existing laws on tuition fees; (i) a contiguous territory of at least one hundred (100)
(xi) Establish a scholarship fund for poor but deserving square kilometers, as certified by the Land Management
students residing within the municipality in schools Bureau; or
located within its jurisdiction;
(xii) Approve measures and adopt quarantine regulations (ii) a population of not less than one hundred fifty
to prevent the introduction and spread of diseases; thousand (150,000) inhabitants, as certified by the
(xiii) Provide for an efficient and effective system of solid National Statistics Office.
waste and garbage collection disposal and prohibit
littering and the placing or throwing of garbage, refuse The creation thereof shall not reduce the land area,
and other filth and wastes; population and income of the original unit or units at the
(xiv) Provide for the care of paupers, the aged, the sick, time of said creation to less than the minimum
persons of unsound mind, disabled persons, abandoned requirements prescribed herein.
minors, juvenile delinquents, drug dependents, abused
children and other needy and disadvantaged persons, (b) The territorial jurisdiction of a newly-created city
particularly children and youth below eighteen (18) shall be properly identified by metes and bounds. The
years of age and, subject to availability of funds, requirement on land area shall not apply where the city
establish and provide for the operation of centers and proposed to be created is composed of one (1) or more
facilities for said needy and disadvantaged persons;
islands. The territory need not be contiguous if it
comprises two (2) or more islands.
(c) The average annual income shall include the income
accruing to the general fund, exclusive of special funds,
transfers, and non-recurring income.
(An Act Amending Section 450 of Republic Act No. 7160,
Otherwise Known as the Local Government Code of 1991,
by Increasing the Average Annual Income Requirement
for a Municipality or Cluster of Barangays to be
Converted into a Component City, Republic Act No. 9009,
[February 24, 2001])
Section 451. Cities, Classified. - A city may either be
component or highly urbanized: Provided, however, That
the criteria established in this Code shall not affect the
classification and corporate status of existing cities.
component cities whose charters prohibit their voters
from voting for provincial elective officials. Independent
component cities shall be independent of the province.
Independent component cities are those
Section 452. Highly Urbanized Cities.
(a) Cities with a minimum population of two hundred
thousand (200,000) inhabitants as certified by the National
Statistics Office, and within the latest annual income of at
least Fifty Million Pesos (P50,000,000.00) based on 1991
constant prices, as certified by the city treasurer, shall be
classified as highly urbanized cities.
(b) Cities which do not meet above requirements shall
be considered component cities of the province in which
they are geographically located. If a component city is
located within the boundaries of two (2) or more
provinces, such city shall be considered a component of
the province of which it used to be a municipality.
(c) Qualified voters of highly urbanized cities shall remain
excluded from voting for elective provincial officials.
Unless otherwise provided in the Constitution or this
Code, qualified voters of independent component cities
shall be governed by their respective charters, as
amended, on the participation of voters in provincial
elections.
Qualified voters of cities who acquired the right to vote
for elective provincial officials prior to the classification
of said cities as highly-urbanized after the ratification of
the Constitution and before the effectivity of this Code,
shall continue to exercise such right.
Section 453. Duty to Declare Highly Urbanized Status. - It
shall be the duty of the President to declare a city as
highly urbanized within thirty (30) days after it shall have
met the minimum requirements prescribed in the
immediately preceding section, upon proper application
therefor and ratification in a plebiscite by the qualified
voters therein.
CHAPTER II City Officials in General
Section 454. Officials of the City Government.
(a) There shall be in each city a mayor, a vice-mayor,
sangguniang panlungsod members, a secretary to the
sangguniang panlungsod, a city treasurer, a city assessor,
a city accountant, a city budget officer, a city planning
and development coordinator, a city engineer, a city
health officer, a city civil registrar, a city administrator, a
city legal officer, a city veterinarian, a city social welfare
and development officer, and a city general services
officer.
(b) In addition thereto, the city mayor may appoint a city
architect, a city information officer, a city agriculturist, a
city population officer, a city environment and natural
resources officer, and a city cooperatives officer.
The appointment of a city population officer shall be
optional in the city: Provided, however, That cities which
have existing population offices shall continue to
maintain such offices for a period of five (5) years from
the date of the effectivity of this Code, after which said
offices shall become optional.
(c) The sangguniang panlungsod may:
(1) Maintain existing offices not mentioned in subsections
(a) and (b) hereof;
(2) Create such other offices as may be necessary to carry
out the purposes of the city government; or
(3) Consolidate the functions of any office with those of
another in the interest of efficiency and economy.
(d) Unless otherwise provided herein, heads of
departments and offices shall be appointed by the city
mayor with the concurrence of the majority of all the
sangguniang panlungsod members, subject to civil
service law, rules and regulations. The sangguniang
panlungsod shall act on the appointment within fifteen
(15) days from the date of its submission, otherwise the
same shall be deemed confirmed.
(e) Elective and appointive city officials shall receive such
compensation, allowances, and other emoluments as
may be determined by law or ordinance, subject to the
budgetary limitations on personal services prescribed
under Title Five, Book II of this Code: Provided, That, no
increase in compensation of the mayor, vice-mayor and
sangguniang panlungsod members shall take effect until
after the expiration of the full term of the said local
officials approving such increase.
CHAPTER III Officials and Offices Common to All
Cities
ARTICLE I The City Mayor
Section 455. Chief Executive; Powers, Duties and
Compensation.
(a) The city mayor, as chief executive of the city
government, shall exercise such powers and perform
such duties and functions as provided by this Code and
other laws.
(b) For efficient, effective and economical governance
the purpose of which is the general welfare of the city
and its inhabitants pursuant to Section 16 of this Code,
the city mayor shall:
(1) Exercise general supervision and control over all
programs, projects, services, and activities of the city
government. and in this connection, shall:
(i) Determine the guidelines of city policies and be
responsible to the sangguniang panlungsod for the
program of government;
(ii) Direct the formulation of the city development plan,
with the assistance of the city development council, and
upon approval thereof by the sangguniang panlungsod,
implement the same;
(iii) Present the program of government and propose
policies and projects for the consideration of the
sangguniang panlungsod at the opening of the regular
session of the sangguniang panlungsod every calendar
year and as often as may be deemed necessary as the
general welfare of the inhabitants and the needs of the
city government may require;
(iv) Initiate and propose legislative measures to the
sangguniang panlungsod and as often as may be
deemed necessary, provide such information and data
needed or requested by said sanggunian in the
performance of its legislative functions;
(v) Appoint all officials and employees whose salaries
and wages are wholly or mainly paid out of city funds
and whose appointments are not otherwise provided for
in this Code, as well as those he may be authorized by
law to appoint;
(vi) Represent the city in all its business transactions and
sign in its behalf all bonds, contracts, and obligations,
and such other documents upon authority of the
sangguniang panlungsod or pursuant to law or
ordinance;
(vii) Carry out such emergency measures as may be
necessary during and in the aftermath of man-made and
natural disasters and calamities;
(viii) Determine the time, manner and place of payment
of salaries or wages of the officials and employees of the
city, in accordance with law or ordinance;
(ix) Allocate and assign office space to city and other
22 of this Code, implement all approved policies,
officials and employees who, by law or ordinance, are
programs, projects, services and activities of the city and,
entitled to such space in the city hall and other buildings
in addition to the foregoing, shall:
owned or leased by the city government;
(i) Ensure that the acts of the city's component
(x) Ensure that all executive officials and employees of the
barangays and of its officials and employees are within
city faithfully discharge their duties and functions as
the scope of their prescribed powers, duties and
provided by law and this Code, and cause to be instituted
functions;
administrative or judicial proceedings against any official
(ii) Call conventions, conferences, seminars, or meetings
or employee of the city who may have committed an
of any elective and appointive officials of the city,
offense in the performance of his official duties;
including provincial officials and national officials and
(xi) Examine the books, records and other documents of
employees stationed in or assigned to the city, at such
all offices, officials, agents or employees of the city and, in
time and place and on such subject as he may deem
aid of his executive powers and authority, require all
important for the promotion of the general welfare of the
national officials and employees stationed in or assigned
local government unit and its inhabitants;
to the city to make available to him such books, records,
(ii) Issue such executive orders for the faithful and
and other documents in their custody, except those
appropriate enforcement and execution of laws and
classified by law as confidential;
ordinances;
(xii) Furnish copies of executive orders issued by him, to
(iv) Be entitled to carry the necessary firearm within his
the provincial governor in the case of component city
territorial jurisdiction;
mayors, to the Office of the President in the case of
(v) Act as the deputized representative of the National
highly-urbanized city mayors and to their respective
Police Commission, formulate the peace and order plan
metropolitan council chairmen in the case of mayors of
of the city and upon its approval, implement the same;
cities in the Metropolitan Manila Area and other
and as such exercise general and operational control and
metropolitan political subdivisions, within seventy-two
supervision over the local police forces in the city, in
(72) hours after their issuances;
accordance with R.A. No. 6975;
(xiii) Visit component barangays of the city at least once
every six (6) months to deepen his understanding of (vi) Call upon the appropriate law enforcement agencies
to suppress disorder, riot, lawless violence, rebellion or
problems and conditions, listen and give appropriate
sedition, or to apprehend violators of the law when public
counsel to, local officials and inhabitants, inform the
interest so requires and the city police forces are
component barangay officials and inhabitants of general
inadequate to cope with the situations or the violators;
laws and ordinances which especially concern them, and
otherwise conduct visits and inspections to ensure that (3) Initiate and maximize the generation of resources
and revenues, and apply the same to the
the governance of the city will improve the quality of life
implementation of development plans, program
of the inhabitants;
objectives and priorities as provided for under Section
(xiv) Act on leave applications of officials and employees
18 of this Code, particularly those resources and
appointed by him and the commutation of the monetary
revenues programmed for agro-industrial development
value of their leave credits in accordance with law;
and countryside growth and progress and, relative
(xv) Authorize official trips of city officials and employees
thereto, shall:
outside of the city for a period not exceeding thirty (30)
days; (i) Require each head of an office or department to
prepare and submit an estimate of appropriations for the
(xvi) Call upon any national official or employee
ensuing calendar year, in accordance with the budget
stationed in or assigned to the city to advise him on
preparations process under Title Five, Book II of this Code;
matters affecting the city and to make recommendations
thereon; coordinate with said official or employee in the (ii) Prepare and submit to the sanggunian for approval
the executive and supplemental budgets of the city for
formulation and implementation of plans, programs and
the ensuing calendar year in the manner provided for
projects; and, when appropriate, initiate an
under Title Five, Book II of this Code;
administrative or judicial action against a national
government official or employee who may have (iii) Ensure that all taxes and other revenues of the city
are collected, and that city funds are applied to the
committed an offense in the performance of his official
payment of expenses and settlement of obligations of
duties while stationed in or assigned to the city;
the city, in accordance with law or ordinance;
(xvii) Authorize payment for medical care, necessary
transportation, subsistence, hospital or medical fees of (iv) Issue licenses and permits and suspend or revoke the
same for any violation of the conditions upon which said
city officials and employees who are injured while in the
licenses or permits had been issued, pursuant to law or
performance of their duties and functions, subject to
ordinance;
availability of funds;
(v) Issue permits, without need of approval therefor from
(xviii) Solemnize marriage, any provision of law to the
any national agency, for the holding of activities for any
contrary notwithstanding;
charitable or welfare purpose, excluding prohibited
(xix) Conduct an annual palarong panlungsod, which
games of chance or shows contrary to law, public policy
shall feature traditional sports and disciplines included in
and public morals;
national and international games, in coordination with
the Department of Education, Culture and Sports; and (vi) Require owners of illegally constructed houses,
buildings or other structures to obtain the necessary
(xx) Submit to the provincial governor, in case of
permit, subject to such fines and penalties as may be
component cities; to the Office of the President, in the
imposed by law or ordinance, or to make necessary
case of highly-urbanized cities; to their respective
changes in the construction of the same when said
metropolitan authority council chairmen and to the
construction violates any law or ordinance, or to order
Office of the President, in case of cities of the
the demolition or removal of said house, building or
Metropolitan Manila Area and other metropolitan political
structure within the period prescribed by law or
subdivisions, the following reports: an annual report
ordinance;
containing a summary of all matters pertinent to the
management, administration and development of the (vii) Adopt adequate measures to safeguard and conserve
land, mineral, marine, forest, and other resources of the
city and all information and data relative to its political,
city; provide efficient and effective property and supply
social and economic conditions; and supplemental
management in the city; and protect the funds, credits,
reports when unexpected events and situations arise at
rights and other properties of the city; and
any time during the year, particularly when man-made or
natural disasters or calamities affect the general welfare (viii) Institute or cause to be instituted administrative or
judicial proceedings for violation of ordinances in the
of the city, province, region or country;
(2) Enforce all laws and ordinances relative to the collection of taxes, fees or charges, and for the recovery of
governance of the city and in the exercise of the funds and property; and cause the city to be defended
appropriate corporate powers provided for under Section against all suits to ensure that its interests, resources and
rights shall be adequately protected;
(4) Ensure the delivery of basic services and the provision
of adequate facilities as provided for under Section 17 of
this Code and, in addition thereto, shall:
(i) Ensure that the construction and repair of roads and
highways funded by the national government shall be, as
far as practicable, carried out in a spatially contiguous
manner and in coordination with the construction and
repair of the roads and bridges of the city, and in the
case of component cities, of the city and of the province;
and
(ii) Coordinate the implementation of technical services,
including public works and infrastructure programs,
rendered by national offices in the case of highly
urbanized and independent component cities, and by
national and provincial offices in the case of component
cities; and
(5) Exercise such other powers and perform such other
duties and functions as may be prescribed by law or
ordinance.
(c) During his incumbency, the city mayor shall hold
office in the city hall.
(d) The city mayor shall receive a minimum monthly
compensation corresponding to Salary Grade Thirty (30)
as prescribed under R.A. No. 6758 and the implementing
guidelines issued pursuant thereto.
ARTICLE II The City Vice-Mayor
Section 456. Powers, Duties and Compensation.
(a) The city vice-mayor shall:
(1) Be the presiding officer of the sangguniang
panlungsod and sign all warrants drawn on the city
treasury for all expenditures appropriated for the
operation of the sangguniang panlungsod;
(2) Subject to civil service law, rules and regulations,
appoint all officials and employees of the sangguniang
panlungsod, except those whose manner of
appointment is specifically provided in this Code;
(3) Assume the office of the city mayor for the unexpired
term of the latter in the event of permanent vacancy as
provided for in Section 44, Book I of this Code;
(4) Exercise the powers and perform the duties and
functions of 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 perform such other
duties and functions as may be prescribed by law or
ordinance.
(b) The city vice-mayor shall receive a monthly
compensation corresponding to Salary Grade twenty
eight (28) for a highly urbanized city and Salary Grade
twenty-six (26) for a component city, as prescribed
under
R.A. No. 6758 and the implementing guidelines issued
pursuant thereto.
ARTICLE III The Sangguniang Panlungsod
Section 457. Composition
(a) The sangguniang panlungsod, the legislative body of
the city, shall be composed of the city vice-mayor as
presiding officer, the regular sanggunian members, the
president of the city chapter of the liga ng mga barangay,
the president of the panlungsod na pederasyon ng mga
sangguniang kabataan, and the sectoral representatives,
as members.
(b) In addition thereto, there shall be three (3) sectoral
representatives: one (1) from the women; and as shall be
determined by the sanggunian concerned within ninety
(90) days prior to the holding of the local elections, one (1)
from agricultural or industrial workers; and one (1) from
the other sectors, including the urban poor, indigenous
cultural communities, or disabled persons.
(c) The regular members of the sangguniang panlungsod
and the sectoral representatives shall be elected in the
manner as may be provided for by law.
Section 458. Powers, Duties, Functions and
Compensation.
(a) The sangguniang panlungsod, as the legislative body
of the city, shall enact ordinances, approve resolutions
and appropriate funds for the general welfare of the city
and its inhabitants pursuant to Section 16 of this Code
and in the proper exercise of the corporate powers of the
city as provided for under Section 22 of this Code, and
shall:
© Compiled by RGL
(1) Approve ordinances and pass resolutions necessary for
an efficient and effective city government, and in this
connection, shall:
(i) Review all ordinances approved by the sangguniang
barangay and executive orders issued by the punong
barangay to determine whether these are within the
scope of the prescribed powers of the sanggunian and of
the punong barangay;
(ii) Maintain peace and order by enacting measures to
prevent and suppress lawlessness, disorder, riot, violence,
rebellion or sedition and impose penalties for violation of
said ordinances;
(iii) Approve ordinances imposing a fine not exceeding
Five thousand pesos (P5,000.00) or an imprisonment for
a period not exceeding one (1) year, or both in the
discretion of the court, for the violation of a city
ordinance;
(iv) Adopt measures to protect the inhabitants of the city
from the harmful effects of man-made or natural
disasters and calamities, and to provide relief services
and assistance for victims during and in the aftermath of
said disasters or calamities and their return to
productive livelihood following said events;
(v) Enact ordinances intended to prevent, suppress and
impose appropriate penalties for habitual drunkenness
in public places, vagrancy, mendicancy, prostitution,
establishment and maintenance of houses of ill repute,
gambling and other prohibited games of chance,
fraudulent devices and ways to obtain money or
property, drug addiction, maintenance of drug dens,
drug pushing, juvenile delinquency, the printing,
distribution or exhibition of obscene or pornographic
materials or publications, and such other activities
inimical to the welfare and morals of the inhabitants of
the city.
(vi) Protect the environment and impose appropriate
penalties for acts which endanger the environment, such
as dynamite fishing and other forms of destructive
fishing, illegal logging and smuggling of logs, smuggling
of natural resources products and of endangered species
of flora and fauna, slash and burn farming, and such
other activities which result in pollution, acceleration of
eutrophication of rivers and lakes, or of ecological
imbalance;
(vii) Subject to the provisions of this Code and pertinent
laws, determine the powers and duties of officials and
employees of the city;
(viii) Determine the positions and the salaries, wages,
allowances and other emoluments and benefits of
officials and employees paid wholly or mainly from city
funds and provide for expenditures necessary for the
proper conduct of programs, projects, services, and
activities of the city government;
(ix) Authorize the payment of compensation to a
qualified person not in the government service who fills
up a temporary vacancy or grant honorarium to any
qualified official or employee designated to fill a
temporary vacancy in a concurrent capacity, at the rate
authorized by law;
(x) Provide a mechanism and the appropriate funds
therefor, to ensure the safety and protection of all city
government property, public documents, or records such
as those relating to property inventory, land ownership,
records of births, marriages, deaths, assessments,
taxation, accounts, business permits, and such other
records and documents of public interest in the offices
and departments of the city government;
(xi) When the finances of the city government allow,
provide for additional allowances and other benefits to
judges, prosecutors, public elementary and high school
teachers, and other national government officials
stationed in or assigned to the city;
(xii) Provide legal assistance to barangay officials who, in
the performance of their official duties or on the
occasion thereof, have to initiate judicial proceedings or
defend themselves against legal action; and
(xiii) Provide for group insurance or additional insurance
coverage for all barangay officials, including members of
barangay tanod brigades and other service units, with
110 of
public or private insurance companies, when the finances
(xiv) Regulate the numbering of residential, commercial
of the city government allow said coverage;
and other buildings; and
(2) Generate and maximize the use of resources and
(xv) Regulate the inspection, weighing and measuring of
revenues for the development plans, program objectives
articles of commerce.
and priorities of the city as provided for under Section 18
(3) Subject to the provisions of Book II of this Code, enact
of this Code, with particular attention to agro-industrial
ordinances granting franchises and authorizing the
development and city-wide growth and progress, and
issuance of permits or licenses, upon such conditions
relative thereto, shall:
and for such purposes intended to promote the general
(i) Approve the annual and supplemental budgets of the
welfare of the inhabitants of the city and pursuant to
city government and appropriate funds for specific
this legislative authority shall:
programs, projects, services and activities of the city, or
(i) Fix and impose reasonable fees and charges for all
for other purposes not contrary to law, in order to
services rendered by the city government to private
promote the general welfare of the city and its
persons or entities;
inhabitants;
(ii) Regulate or fix license fees for any business or
(ii) Subject to the provisions of Book II of this Code and
practice of profession within the city and the conditions
applicable laws and upon the majority vote of all the
under which the license for said business or practice of
members of the sangguniang panlungsod, enact
profession may be revoked and enact ordinances levying
ordinances levying taxes, fees and charges, prescribing
taxes thereon;
the rates thereof for general and specific purposes, and
(iii) Provide for and set the terms and conditions under
granting tax exemptions, incentives or reliefs;
which public utilities owned by the city shall be operated
(iii) Subject to the provisions of Book II of this Code and
by the city government, and prescribe the conditions
upon the majority vote of all the members of the
under which the same may be leased to private persons
sangguniang panlungsod, authorize the city mayor to
or entities, preferably cooperatives;
negotiate and contract loans and other forms of
(iv) Regulate the display of and fix the license fees for
indebtedness;
signs, signboards, or billboards at the place or places
(iv) Subject to the provisions of Book II of this Code and
where the profession or business advertised thereby is, in
applicable laws and upon the majority vote of all the
whole or in part, conducted;
members of the sangguniang panlungsod, enact
(v) Any law to the contrary notwithstanding, authorize
ordinances authorizing the floating of bonds or other
and license the establishment, operation, and
instruments of indebtedness, for the purpose of raising
maintenance of cockpits, and regulate cockfighting and
funds to finance development projects;
commercial breeding of gamecocks: Provided, That
(v) Appropriate funds for the construction and
existing rights should not be prejudiced;
maintenance or the rental of buildings for the use of the
(vi) Subject to the guidelines prescribed by the
city; and, upon the majority vote of all the members of the
Department of Transportation and Communications,
sangguniang panlungsod, authorize the city mayor to
regulate the operation of tricycles and grant franchises
lease to private parties such public buildings held in a
for the operation thereof within the territorial
proprietary capacity, subject to existing laws, rules and
jurisdiction of the city;
regulations;
(vii) Upon approval by a majority vote of all the members
(vi) Prescribe reasonable limits and restraints on the use
of the sangguniang panlungsod: grant a franchise to any
of property within the jurisdiction of the city;
person, partnership, corporation, or cooperative to do
(vii) Adopt a comprehensive land use plan for the city:
business within the city; establish, construct, operate and
Provided, That in the case of component cities, the
maintain ferries, wharves, markets or slaughterhouses; or
formulation, adoption or modification of said plan shall
undertake such other activities within the city as may be
be in coordination with the approved provincial
allowed by existing laws: Provided, That, cooperatives
comprehensive land use plan;
shall be given preference in the grant of such a franchise.
(viii) Reclassify land within the jurisdiction of the city,
(4) Regulate activities relative to the use of land, buildings
subject to the pertinent provisions of this Code;
and structures within the city in order to promote the
(ix) Enact integrated zoning ordinances in consonance
general welfare and for said purpose shall:
with the approved comprehensive land use plan, subject
(i) Declare, prevent or abate any nuisance;
to existing laws, rules and regulations; establish fire
(ii) Require that buildings and the premises thereof and
limits or zones, particularly in populous centers; and
any land within the city be kept and maintained in a
regulate the construction, repair or modification of
sanitary condition; impose penalties for any violation
buildings within said fire limits or zones in accordance
thereof; or, upon failure to comply with said requirement,
with the provisions of the Fire Code;
have the work done at the expense of the owner,
(x) Subject to national law, process and approve
administrator or tenant concerned; or require the filling
subdivision plans for residential, commercial, or industrial
up of any land or premises to a grade necessary for
purposes and other development purposes, and to collect
proper sanitation;
processing fees and other charges, the proceeds of which
(iii) Regulate the disposal of clinical and other wastes
shall accrue entirely to the city: Provided, however, That
from hospitals, clinics and other similar establishments;
where approval of a national agency or office is required,
(iv) Regulate the establishment, operation and
said approval shall not be withheld for more than thirty
maintenance of cafes, restaurants, beerhouses, hotels,
(30) days from receipt of the application. Failure to act on
motels, inns, pension houses, lodging houses, and other
the application within the period stated above shall be
similar establishments, including tourist guides and
deemed as approval thereof;
transports;
(xi) Subject to the provisions of Book II of this Code,
(v) Regulate the sale, giving away or dispensing of any
grant the exclusive privilege of constructing fish corrals
intoxicating malt, vino, mixed or fermented liquors at
or fish pens, or the taking or catching of bangus fry,
any retail outlet;
prawn fry or kawag-kawag, or fry of any species or fish
(vi) Regulate the establishment and provide for the
within the city waters;
inspection of steam boilers or any heating device in
(xii) With the concurrence of at least two-thirds (2/3) of all
buildings and the storage of inflammable and highly
the members of the sangguniang panlungsod, grant tax
combustible materials within the city;
exemptions, incentives or reliefs to entities engaged in
(vii) Regulate the establishment, operation, and
community growth-inducing industries, subject to the
maintenance of any entertainment or amusement
provisions of Chapter 5, Title I, Book II of this Code;
facilities, including theatrical performances, circuses,
(xiii) Grant loans or provide grants to other local
billiard pools, public dancing schools, public dance halls,
government units or to national, provincial, and city
sauna baths, massage parlors, and other places for
charitable, benevolent or educational institutions:
entertainment or amusement; regulate such other events
Provided, That, said institutions are operated and
or activities for amusement or entertainment, particularly
maintained within the city;
those which tend to disturb the community or annoy the
inhabitants, or require the suspension or suppression of
dangerous, defective, or otherwise hazardous to the
the same; or, prohibit certain forms of amusement or
welfare of the inhabitants;
entertainment in order to protect the social and moral
(x) Subject to the availability of funds and to existing
welfare of the community;
laws, rules and regulations, establish and provide for the
(viii) Provide for the impounding of stray animals; regulate
operation of vocational and technical schools and similar
the keeping of animals in homes or as part of a business,
post-secondary institutions and, with the approval of the
and the slaughter, sale or disposition of the same; and
Department of Education, Culture and Sports and
adopt measures to prevent and penalize cruelty to
subject to existing law on tuition fees, fix and collect
animals; and
reasonable tuition fees and other school charges in
(ix) Regulate the establishment, operation and
educational institutions supported by the city
maintenance of funeral parlors and the burial or
government;
cremation of the dead, subject to existing laws, rules and
(xi) Establish a scholarship fund for the poor but
regulations.
deserving students in schools located within its
(5) Approve ordinances which shall ensure the efficient
jurisdiction or for students residing within the city;
and effective delivery of the basic services and facilities
(xii) Approve measures and adopt quarantine regulations
as provided for under Section 17 of this Code, and in
to prevent the introduction and spread of diseases;
addition to said services and facilities, shall:
(xiii) Provide for an efficient and effective system of solid
(i) Provide for the establishment, maintenance,
waste and garbage collection and disposal; prohibit
protection, and conservation of communal forests and
littering and the placing or throwing of garbage, refuse
watersheds, tree parks, greenbelts, mangroves, and other
and other filth and wastes;
similar forest development projects;
(xiv) Provide for the care of disabled persons, paupers,
(ii) Establish markets, slaughterhouses or animal corrals
the aged, the sick, persons of unsound mind, abandoned
and authorize the operation thereof by the city
minors, juvenile delinquents, drug dependents, abused
government; and regulate the construction and
children and other needy and disadvantaged persons,
operation of private markets, talipapas or other similar
particularly children and youth below eighteen (18)
buildings and structures;
years of age; and subject to availability of funds,
(iii) Authorize the establishment, maintenance and
establish and provide for the operation of centers and
operation by the city government of ferries, wharves, and
facilities for said needy and disadvantaged persons;
other structures intended to accelerate productivity
(xv) Establish and provide for the maintenance and
related to marine and seashore or offshore activities;
improvement of jails and detention centers, institute a
(iv) Regulate the preparation and sale of meat, poultry,
sound jail management program, and appropriate funds
fish, vegetables, fruits, fresh dairy products, and other
for the subsistence of detainees and convicted prisoners
foodstuffs for public consumption;
in the city;
(v) Regulate the use of streets, avenues, alleys, sidewalks,
(xvi) Establish a city council whose purpose is the
bridges, parks and other public places and approve the
promotion of culture and the arts, coordinate with
construction, improvement repair and maintenance of
government agencies and non-governmental
the same; establish bus and vehicle stops and terminals
organizations and, subject to the availability of funds,
or regulate the use of the same by privately-owned
appropriate funds for the support and development of
vehicles which serve the public; regulate garages and the
the same; and
operation of conveyances for hire; designate stands to be
(xvii) Establish a city council for the elderly which shall
occupied by public vehicles when not in use; regulate the
formulate policies and adopt measures mutually
putting up of signs, signposts, awnings and awning posts on
beneficial to the elderly and to the community; provide
the streets; and provide for the lighting, cleaning and
incentives for non-governmental agencies and entities
sprinkling of streets; and public places;
and, subject to the availability of funds, appropriate
(vi) Regulate traffic on all streets and bridges; prohibit
funds to support programs and projects for the benefit
encroachments or obstacles thereon, and when
of the elderly; and
necessary in the interest of public welfare, authorize the
(6) Exercise such other powers and perform such other
removal or encroachments and illegal constructions in
duties and functions as may be prescribed by law or
public places;
ordinance.
(vii) Subject to existing laws, establish and provide for the
(b) The members of the sangguniang panlungsod of
maintenance, repair and operation of an efficient
component cities shall receive a minimum monthly
waterworks system to supply water for the inhabitants
compensation corresponding to Salary Grade twenty-five
and to purify the source of the water supply; regulate the
(25) and members of the sangguniang panlungsod of
construction, maintenance, repair and use of hydrants,
highly-urbanized cities shall receive a minimum monthly
pumps, cisterns and reservoirs; protect the purity and
compensation corresponding to Salary Grade twenty-
quantity of the water supply of the city and, for this
seven (27), as prescribed under R.A. 6758 and the
purpose, extend the coverage of appropriate ordinances
implementing guidelines issued pursuant thereto.
over all territory within the drainage area of said water
supply and within one hundred (100) meters of the
reservoir, conduit, canal, aqueduct, pumping station, or TITLE IV THE PROVINCE
watershed used in connection with the water service; and
regulate the consumption, use or wastage of water and
fix and collect charges therefor; CHAPTER I Role and Creation of the Province
(viii) Regulate the drilling and excavation of the ground
for the laying of water, gas, sewer, and other pipes and Section 459. Role of the Province. - The province,
the construction, repair and maintenance of public composed of cluster of municipalities, or municipalities
drains, sewers, cesspools, tunnels and similar structures; and component cities, and as a political and corporate
regulate the placing of poles and the use of crosswalks, unit of government, serves as dynamic mechanism for
curbs, and gutters; adopt measures to ensure public developmental processes and effective governance of
safety against open canals, manholes. live wires and other local government units within its territorial jurisdiction.
similar hazards to life and property; and regulate the Section 460. Manner of Creation. - A province may be
construction and use of private water closets, privies and created, divided, merged, abolished, or its boundary
other similar structures in buildings and homes; substantially altered, only by an Act of Congress and
(ix) Regulate the placing, stringing, attaching, installing, subject to approval by a majority of the votes cast in a
repair and construction of all gas mains, electric, plebiscite to be conducted by the COMELEC in the local
telegraph and telephone wires, conduits, meters and government unit or units directly affected. The plebiscite
other apparatus; and provide for the correction, shall be held within one hundred twenty (120) days from
condemnation or removal of the same when found to be the date of effectivity of said Act, unless otherwise
provided therein.
Section 461. Requisites for Creation.
(a) A province may be created if it has an average annual
income, as certified by the Department of Finance, of not
less than Twenty million pesos (P20,000,000.00) based on
1991 constant prices and either of the following requisites:
(i) a contiguous territory of at least two thousand (2,000)
square kilometers, as certified by the Lands
Management Bureau; or
(ii) a population of not less than two hundred fifty
thousand (250,000) inhabitants as certified by the
National Statistics Office:
Provided, That, the creation thereof shall not reduce the
land area, population, and income of the original unit or
units at the time of said creation to less than the
minimum requirements prescribed herein.
(b) The territory need not be contiguous if it comprise
two
(2) or more islands or is separated by a chartered city or
cities which do not contribute to the income of the
province.
(c) The average annual income shall include the income
accruing to the general fund, exclusive of special funds,
trust funds, transfers and non-recurring income.
Section 462. Existing Sub-Provinces. - Existing sub-
provinces are hereby converted into regular provinces
upon approval by a majority of the votes cast in a
plebiscite to be held in the said subprovinces and the
original provinces directly affected. The plebiscite shall
be conducted by the COMELEC simultaneously with the
national elections following the effectivity of this Code.
The new legislative districts created as a result of such
conversion shall continue to be represented in Congress
by the duly-elected representatives of the original
districts out of which said new provinces or districts were
created until their own representatives shall have been
elected in the next regular congressional elections and
qualified.
The incumbent elected officials of the said subprovinces
converted into regular provinces shall continue to hold
office until June 30, 1992. Any vacancy occurring in the
offices occupied by said incumbent elected officials, or
resulting from expiration of their terms of office in case
of a negative vote in the plebiscite results, shall be filled
by appointment by the President. The appointees shall
hold office until their successors shall have been elected
in the regular local elections following the plebiscite
mentioned herein and qualified. After effectivity of such
conversion, the President shall fill up the position of
governor of the newly-created province through
appointment if none has yet been appointed to the
same as hereinbefore provided, and shall also appoint a
vice-governor and the other members of the
sangguniang panlalawigan, all of whom shall likewise
hold office until their successors shall have been elected
in the next regular local elections and qualified.
All qualified appointive officials and employees in the
career service of the said subprovinces at the time of
their conversion into regular provinces shall continue in
office in accordance with civil service law, rules and
regulations.
CHAPTER II Provincial Officials in General
Section 463. Officials of the Provincial Government.
(a) There shall be in each province a governor, a vice-
governor, members of the sangguniang panlalawigan, a
secretary to the sangguniang panlalawigan, a provincial
treasurer, a provincial assessor, a provincial accountant, a
provincial engineer, a provincial budget officer, a provincial
planning and development coordinator, a provincial legal
officer, a provincial administrator, a provincial health
officer, a provincial social welfare and development
officer, a provincial general services officer, a provincial
agriculturist, and a provincial veterinarian.
(b) In addition thereto, the governor may appoint a
provincial population officer, a provincial natural resources
and environment officer, a provincial cooperative officer, a
provincial architect, and a provincial information officer.
The appointment of a provincial population officer shall
be optional in the province: Provided, however, That
provinces which have existing population offices shall
continue to maintain such offices for a period of five (5)
years from the date of the effectivity of this Code, after
which said offices shall become optional.
(c) The sangguniang panlalawigan may:
(1) Maintain existing offices not mentioned in subsections
(a) and (b) hereof;
(2) Create such other offices as may be necessary to carry
out the purposes of the provincial government; or
(3) Consolidate the functions of any office with those of
another in the interest of efficiency and economy;
(d) Unless otherwise provided herein, heads of
departments and offices shall be appointed by the
governor with the concurrence of the majority of all the
sangguniang panlalawigan members, subject to civil
service law, rules and regulations. The sangguniang
panlalawigan shall act on the appointment within fifteen
(15) days from the date of its submission; otherwise the
same shall be deemed confirmed;
(e) Elective and appointive provincial officials shall receive
such compensation, allowances, and other emoluments
as may be determined by law or ordinance, subject to the
budgetary limitations on personal services prescribed
under Title Five, Book II of this Code: Provided, That, no
increase in compensation shall take effect until after the
expiration of the full term of all the elective officials
approving such increase.
Section 464. Residence and Office. - During the
incumbency of the governor, he shall have his official
residence in the capital of the province. All elective and
appointive provincial officials shall hold office in the
provincial capital: Provided, That, upon resolution of the
sangguniang panlalawigan, elective and appointive
provincial officials may hold office in any component city
or municipality within the province for a period of not
more than seven (7) days for any given month.
CHAPTER III Officials and Offices Common to All
Provinces
ARTICLE I The Provincial Governor
Section 465. The Chief Executive: Powers, Duties,
Functions, and Compensation.
(a) The provincial governor, as the chief executive of the
provincial government, shall exercise such powers and
perform such duties and functions as provided by this
Code and other laws.
(b) For efficient, effective and economical governance
the purpose of which is the general welfare of the
province and its inhabitants pursuant to Section 16 of
this Code, the provincial governor shall:
(1) Exercise general supervision and control over all
programs, projects, services, and activities of the
provincial government, and in this connection, shall:
(i) Determine the guidelines of provincial policies and be
responsible to the sangguniang panlalawigan for the
program of government;
(ii) Direct the formulation of the provincial development
plan, with the assistance of the provincial development
council, and upon approval thereof by the sangguniang
panlalawigan, implement the same;
(iii) Present the program of government and propose
policies and projects for the consideration of the
sangguniang panlalawigan at the opening of the regular
session of the sangguniang panlalawigan every calendar
year and as after as may be deemed necessary as the
general welfare of the inhabitants and the needs of the
provincial government may require;
(iv) Initiate and propose legislative measures to the
sangguniang panlalawigan and as often as may be
deemed necessary, provide such information and data
needed or requested by said sanggunian in the
performance of its legislative functions;
(v) Appoint all officials and employees whose salaries and
wages are wholly or mainly paid out of provincial funds
and whose appointments are not otherwise provided for
conditions; and supplemental reports when unexpected
in this Code, as well as those he may be authorized by
events and situations arise at any time during the year,
law to appoint;
particularly when man-made or natural disasters or
(vi) Represent the province in all its business transactions
calamities affect the general welfare of the province,
and sign in its behalf all bonds, contracts, and
region or country;
obligations, and such other documents upon authority of
(2) Enforce all laws and ordinances relative to the
the sangguniang panlalawigan or pursuant to law or
governance of the province and the exercise of the
ordinance;
appropriate corporate powers provided for under Section
(vii) Carry out such emergency measures as may be
22 of this Code, implement all approved policies,
necessary during and in the aftermath of man-made and
programs, projects, services and activities of the province
natural disasters and calamities;
and, in addition to the foregoing, shall:
(viii) Determine the time, manner and place of payment
(i) Ensure that the acts of the component cities and
of salaries or wages of the officials and employees of the
municipalities of the province and of its officials and
province, in accordance with law or ordinance;
employees are within the scope of their prescribed
(ix) Allocate and assign office space to provincial and
powers, duties and functions;
other officials and employees who, by law or ordinance,
(ii) Call conventions, conferences, seminars, or meetings
are entitled to such space in the provincial capitol and
of any elective and appointive officials of the province and
other buildings owned or leased by the provincial
its component cities and municipalities, including
government;
national officials and employees stationed in or assigned
(x) Ensure that all executive officials and employees of the
to the province, at such time and place and on such
province faithfully discharge their duties and functions as
subject as he may deem important for the promotion of
provided by law and this Code, and cause to be instituted
the general welfare of the province and its inhabitants;
administrative or judicial proceedings against any official
(iii) Issue such executive orders for the faithful and
or employee of the province who may have committed an
appropriate enforcement and execution of laws and
offense in the performance of his official duties;
ordinances;
(xi) Examine the books, records and other documents of
(iv) Be entitled to carry the necessary firearm within his
all offices, officials, agents or employees of the province
territorial jurisdiction;
and, in aid of his executive powers and authority, require
(v) In coordination with the mayors of component cities
all national officials and employees stationed in the
and municipalities and the National Police Commission,
province to make available to him such books, records,
formulate the peace and order plan of the province and
and other documents in their custody, except those
upon its approval, implement the same in accordance
classified by law as confidential;
with R.A. No. 6975;
(xii) Furnish copies of executive orders issued by him to
(vi) Call upon the appropriate national law enforcement
the Office of the President within seventy-two (72) hours
agencies to suppress disorder, riot, lawless violence,
after their issuance;
rebellion or sedition or to apprehend violators of the law
(xiii) Visit component cities and municipalities of the
when public interest so requires and the police forces of
province at least once every six (6) months to deepen his
the component city or municipality where the disorder
understanding of problems and conditions, listen and
or violation is happening are inadequate to cope with
give appropriate counsel to local officials and
the situation or the violators;
inhabitants, inform the officials and inhabitants of
(3) Initiate and maximize the generation of resources
component cities and municipalities of general laws and
and revenues, and apply the same to the
ordinances which especially concern them, and
implementation of development plans, program
otherwise conduct visits and inspections to ensure that
objectives and priorities as provided for under Section
the governance of the province will improve the quality
18 of this Code, particularly those resources and
of life of the inhabitants;
revenues programmed for agro-industrial development
(xiv) Act on leave applications of officials and employees
and country-wide growth and progress and, relative
appointed by him and the commutation of the monetary
thereto, shall:
value of leave credits in accordance with law;
(i) Require each head of an office or department to
(xv) Authorize official trips of provincial officials and
prepare and submit an estimate of appropriations for the
employees outside of the province for a period not
ensuing calendar year, in accordance with the budget
exceeding thirty (30) days;
preparation process under Title Five, Book II of this Code;
(xvi) Call upon any national official or employee
(ii) Prepare and submit to the sanggunian for approval
stationed in or assigned to the province to advise him on
the executive and supplemental budgets of the province
matters affecting the province and to make
for the ensuing calendar year in the manner provided for
recommendations thereon; coordinate with said official
under Title Five, Book II of this Code;
or employee in the formulation and implementation of
(iii) Ensure that all taxes and other revenues of the
plans, programs and projects; and when appropriate,
province are collected, and that provincial funds are
initiate an administrative or judicial action against a
applied to the payment of expenses and settlement of
national government official or employee who may have
obligations of the province, in accordance with law or
committed an offense in the performance of his official
ordinance;
duties while stationed in or assigned to the province;
(iv) Issue licenses and permits and suspend or revoke the
(xvii) Authorize payment for medical care, necessary
same for any violation of the conditions upon which said
transportation, subsistence, hospital or medical fees of
licenses or permits had been issued, pursuant to law or
provincial officials and employees who are injured while
ordinance;
in the performance of their official duties and functions,
(v) Adopt adequate measures to safeguard and conserve
subject to availability of funds;
land, mineral, marine, forest and other resources of the
(xviii) Represent the province in inter-provincial or
province, in coordination with the mayors of component
regional sports councils or committees, and coordinate the
cities and municipalities; provide efficient and effective
efforts of component cities or municipalities in the regional
property and supply management in the province; and
or national palaro or sports development activities;
protect the funds, credits, rights, and other properties of
(xix) Conduct an annual palarong panlalawigan, which
the province; and
shall feature traditional sports and disciplines included in
(vi) Institute or cause to be instituted administrative or
national and international games in coordination with
judicial proceedings for violation of ordinances in the
the Department of Education, Culture and Sports; and
collection of taxes, fees or charges, and for the recovery of
(xx) Submit to the Office of the President the following
funds and property, and cause the province to be
reports: an annual report containing a summary of all
defended against all suits to ensure that its interests,
matters pertinent to the management, administration
resources and rights shall be adequately protected.
and development of the province and all information
(4) Ensure the delivery of basic services and the provision
and data relative to its political, social and economic
of adequate facilities as provided for under Section 17 of
this Code, and in addition thereto, shall:
(i) Ensure that the construction and repair of roads and
highways funded by the national government shall be, as
far as practicable, carried out in a spatially contiguous
manner and in coordination with the construction and
repair of the roads and bridges of the province and of its
component cities and municipalities; and
(ii) Coordinate the implementation of technical services
by national offices for the province and its component
cities and municipalities, including public works and
infrastructure programs of the provincial government
and its component cities and municipalities;
(5) Exercise such other powers and perform such other
duties and functions as may be prescribed by law or
ordinance.
(c) The provincial governor shall receive a minimum
monthly compensation corresponding to Salary Grade
thirty (30) prescribed under R.A. No. 6758 and the
implementing guidelines issued pursuant thereto.
ARTICLE II The Provincial Vice-Governor
Section 466. Powers, Duties, and Compensation.
(a) The vice-governor shall:
(1) Be the presiding officer of the sangguniang
panlalawigan and sign all warrants drawn on the
provincial treasury for all expenditures appropriated for
the operation of the sangguniang panlalawigan;
(2) Subject to civil service law, rules and regulations,
appoint all officials and employees of the sangguniang
panlalawigan, except those whose manner of
appointment is specially provided in this Code;
(3) Assume the office of the governor for the unexpired
term of the latter in the event of permanent vacancy as
provided for in Section 44, Book I of this Code;
(4) Exercise the powers and perform the duties and
functions of the governor in cases of temporary vacancy
as provided for in Section 46, Book I of this Code; and
(5) Exercise such other powers and perform such other
duties and functions as may be prescribed by law or
ordinance.
(b) The vice-governor shall receive a monthly
compensation corresponding to Salary Grade twenty-
eight (28) as prescribed under R.A. No. 6758 and the
implementing guidelines issued pursuant thereto.
ARTICLE III The Sangguniang Panlalawigan
Section 467. Composition.
(a) The sangguniang panlalawigan, the legislative body of
the province, shall be composed of the provincial vice-
governor as presiding officer, the regular sanggunian
members, the president of the provincial chapter of the
liga ng mga barangay, the president of the
panlalawigang pederasyon ng mga sangguniang
kabataan, the president of the provincial federation of
sanggunian members of municipalities and component
cities and the sectoral representatives, as members.
(b) In addition thereto, there shall be three (3) sectoral
representatives: one (1) from the women; and as shall be
determined by the sanggunian concerned within ninety
(90) days prior to the holding of the local elections, one (1)
from the agricultural or industrial workers; and one (1)
from other sectors including the urban poor, indigenous
cultural communities, or disabled persons.
(c) The regular members of the sangguniang
panlalawigan and the sectoral representatives shall be
elected in the manner as may be provided for by law.
Section 468. Powers, Duties, Functions and
Compensation.
(a) The sangguniang panlalawigan, as the legislative body
of the province, shall enact ordinances, approve
resolutions and appropriate funds for the general welfare
of the province and its inhabitants pursuant to Section 16
of this Code in the proper exercise of the corporate
powers of the province as provided for under Section 22
of this Code, and shall:
(1) Approve ordinances and pass resolutions necessary for
an efficient and effective provincial government and, in this
connection, shall:
(i) Review all ordinances approved by the sangguniang of
component cities and municipalities and executive
orders issued by the mayors of said component units to
determine whether these are within the scope of the
prescribed powers of the sanggunian and of the mayor;
(ii) Maintain peace and order by enacting measures to
prevent and suppress lawlessness, disorder, riot, violence,
rebellion or sedition and impose penalties for the
violation of said ordinances;
(iii) Approve ordinances imposing a fine not exceeding
Five thousand pesos (P5,000.00) or imprisonment not
exceeding one (1) year, or both in the discretion of the
court, for the violation of a provincial ordinance;
(iv) Adopt measures to protect the inhabitants of the
province from harmful effects of man-made or natural
disasters and calamities, and to provide relief services
and assistance for victims during and in the aftermath of
said disasters and calamities and their return to
productive livelihood following said events;
(v) Enact ordinances intended to prevent, suppress and
impose appropriate penalties for habitual drunkenness
in public places, vagrancy, mendicancy, prostitution,
establishment and maintenance of houses of ill repute,
gambling and other prohibited games of chance,
fraudulent devices and ways to obtain money or
property, drug addiction, maintenance of drug dens,
drug pushing, juvenile delinquency, the printing,
distribution or exhibition of obscene or pornographic
materials or publications, and other activities inimical to
the welfare and morals of the inhabitants of the
province;
(vi) Protect the environment and impose appropriate
penalties for acts which endanger the environment, such
as dynamite fishing and other forms of destructive
fishing, illegal logging and smuggling of logs, smuggling
of natural resources products and of endangered species
of flora and fauna, slash and burn farming, and such
other activities which result in pollution acceleration of
eutrophication of rivers and lakes, or of ecological
imbalance;
(vii) Subject to the provisions of this Code and pertinent
laws, determine the powers and duties of officials and
employees of the province;
(viii) Determine the positions and the salaries, wages,
allowances and other emoluments and benefits of
officials and employees paid wholly or mainly from
provincial funds and provide for expenditures necessary
for the proper conduct of programs, projects, services,
and activities of the provincial government;
(ix) Authorize the payment of compensation to a
qualified person not in the government service who fills
up a temporary vacancy, or grant honorarium to any
qualified official or employee designated to fill a
temporary vacancy in a concurrent capacity, at the rate
authorized by law;
(x) Provide a mechanism and the appropriate funds
therefor, to ensure the safety and protection of all
provincial government property, public documents, or
records such as those relating to property inventory, land
ownership, records of births, marriages, deaths,
assessments, taxation, accounts, business permits, and
such other records and documents of public interest in
the offices and departments of the provincial
government; and
(xi) When the finances of the provincial government
allow, provide for additional allowances and other
benefits to judges, prosecutors, public elementary and
high school teachers, and other national government
officials stationed or assigned to the province.
(2) Generate and maximize the use of resources and
revenues for the development plans, program objectives
and priorities of the province as provided for under
Section 18 of this Code, with particular attention to agro-
industrial development and country-wide growth and
progress and relative thereto, shall:
(i) Enact the annual and supplemental appropriations of
the provincial government and appropriate funds for
specific programs, projects, services and activities of the
province, or for other purposes not contrary to law, in
order to promote the general welfare of the province and
needy and disadvantaged persons; and facilitate efforts to
its inhabitants;
promote the welfare of families below the poverty
(ii) Subject to the provisions of Book II of this Code and
threshold, the disadvantaged, and the exploited;
applicable laws and upon the majority vote of all the
(vii) Establish and provide the maintenance and
members of the sangguniang panlalawigan, enact
improvement of jails and detention centers, institute a
ordinances levying taxes, fees and charges, prescribing
sound jail management program, and appropriate funds
the rates thereof for general and specific purposes, and
for the subsistence of detainees and convicted prisoners
granting tax exemptions, incentives or reliefs;
in the province;
(iii) Subject to the provisions of Book II of this Code and
(viii) Establish a provincial council whose purpose is the
applicable laws and upon the majority vote of all the
promotion of culture and the arts, coordinate with
members of the sangguniang panlalawigan, authorize
government agencies and non-governmental
the provincial governor to negotiate and contract loans
organizations and, subject to the availability of funds,
and other forms of indebtedness;
appropriate funds for the support and development of
(iv) Subject to the provisions of Book II of this Code and
the same;
applicable laws and upon the majority vote of all the
(ix) Establish a provincial council for the elderly which
members of the sangguniang panlalawigan, enact
shall formulate policies and adopt measures mutually
ordinances authorizing the floating of bonds or other
beneficial to the elderly and to the province; and subject
instruments of indebtedness, for the purpose of raising
to the availability of funds, appropriate funds to support
funds to finance development projects;
programs and projects for the elderly; and provide
(v) Appropriate funds for the construction and
incentives for non-governmental agencies and entities to
maintenance or the rental of buildings for the use of the
support the programs and projects of the elderly; and
province; and upon the majority vote of all the members
(5) Exercise such other powers and perform such other
of the sangguniang panlalawigan, authorize the
duties and functions as may be prescribed by law or
provincial governor to lease to private parties such public
ordinance.
buildings held in a proprietary capacity, subject to
(b) The members of the sangguniang panlalawigan shall
existing laws, rules and regulations;
receive a minimum monthly compensation
(vi) Prescribe reasonable limits and restraints on the use
corresponding to Salary Grade twenty-seven (27) as
of property within the jurisdiction of the province;
prescribed under R.A. No. 6758 and the implementing
(vii) Review the comprehensive land use plans and
guidelines issued pursuant thereto.
zoning ordinances of component cities and
municipalities and adopt a comprehensive provincial
land use plan, subject to existing laws; and TITLE V APPOINTED LOCAL OFFICIALS
(viii) Adopt measures to enhance the full implementation COMMON TO ALL MUNICIPALITIES, CITIES
of the national agrarian reform program in coordination
with the Department of Agrarian Reform; AND PROVINCES
(3) Subject to the provisions of Book II of this Code, grant
franchises, approve the issuance of permits or licenses, or ARTICLE I Secretary to the Sanggunian
enact ordinances levying taxes, fees and charges upon
Section 469. Qualifications, Powers and Duties.
such conditions and for such purposes intended to
(a) There shall be a secretary to the sanggunian who
promote the general welfare of the inhabitants of the
shall be a career official with the rank and salary equal
province, and pursuant to this legislative authority, shall:
to a head of department or office.
(i) Fix and impose reasonable fees and charges for all
(b) No person shall be appointed secretary to the
services rendered by the provincial government to
sanggunian unless he is a citizen of the Philippines, a
private persons or entities; and
resident of the local government unit concerned, of
(ii) Regulate and fix the license fees for such activities as
good moral character, a holder of a college degree
provided for under this Code.
preferably in law, commerce or public administration
(4) Approve ordinances which shall ensure the efficient
from a recognized college or university, and a first grade
and effective delivery of basic services and facilities as
civil service eligible or its equivalent.
provided for under Section 17 of this Code, and, in
The appointment of a secretary to the sanggunian is
addition to said services and facilities, shall:
mandatory for provincial, city and municipal
(i) Adopt measures and safeguards against pollution and
governments.
for the preservation of the natural ecosystem in the
(c) The secretary to the sanggunian shall take charge of
province, in consonance with approved standards on
the office of the secretary to the sanggunian and shall:
human settlements and environmental sanitation;
(1) Attend meetings of the sanggunian and keep a journal
(ii) Subject to applicable laws, facilitate or provide for the
of its proceedings;
establishment and maintenance of waterworks system or
(2) Keep the seal of the local government unit and affix
district waterworks for supplying water to inhabitants of
the same with his signature to all ordinances, resolutions,
component cities and municipalities;
and other official acts of the sanggunian and present the
(iii) Subject to the availability of funds and to existing
same to the presiding officer for his signature;
laws, rules and regulations, provide for the
(3) Forward to the governor or mayor, as the case may
establishment and operation of vocational and technical
be, for approval, copies of ordinances enacted by the
schools and similar post-secondary institutions; and,
sanggunian and duly certified by the presiding officer, in
with the approval of the Department of Education,
the manner provided in Section 54 under Book I of this
Culture and Sports and subject to existing laws on tuition
Code;
fees, fix reasonable tuition fees and other school charges
(4) Forward to the sanggunian panlungsod or bayan
in educational institutions supported by the provincial
concerned, in the case of the sangguniang barangay, and
government;
to the sangguniang panlalawigan concerned, in the case
(iv) Establish a scholarship fund for the poor but of the sangguniang panlungsod of component cities or
deserving students in schools located within its
sangguniang bayan, copies of duly approved ordinances,
jurisdiction or for students residing within the province;
in the manner provided in Sections 56 and 57 under
(v) Approve measures and adopt quarantine regulations
Book I of this Code;
to prevent the introduction and spread of diseases
(5) Furnish, upon request of any interested party, certified
within its territorial jurisdiction;
copies of records of public character in his custody, upon
(vi) Provide for the care of paupers, the aged, the sick, payment to the treasurer of such fees as may be
persons of unsound mind, abandoned minors, abused
prescribed by ordinance;
children, disabled persons, juvenile delinquents, drug
(6) Record in a book kept for the purpose, all ordinances
dependents, and other needy and disadvantaged
and resolutions enacted or adopted by the sanggunian,
persons, particularly children and youth below eighteen
with the dates of passage and publication thereof;
(18) years of age; subject to availability of funds, establish
and support the operation of centers and facilities for said
(7) Keep his office and all non-confidential records
assistant treasurer and three (3) years in the case of
therein open to the public during the usual business
municipal assistant treasurer.
hours;
The appointment of an assistant treasurer shall be
(8) Translate into the dialect used by the majority of the
optional for provincial, city and municipal governments;
inhabitants all ordinances and resolutions immediately
(c) The assistant treasurer shall assist the treasurer and
after their approval, and cause the publication of the
perform such duties as the latter may assign to him. He
same together with the original version in the manner
shall have authority to administer oaths concerning
provided under this Code; and
notices and notifications to those delinquent in the
(9) Take custody of the local archives and, where
payment of real property tax and concerning official
applicable, the local library and annually account for the
matters relating to the accounts of the treasurer or
same; and
otherwise arising in the offices of the treasurer and the
(d) Exercise such other powers and perform such other
assessor.
duties and functions as may be prescribed by law or
ordinance relative to his position. ARTICLE III The Assessor
ARTICLE II The Treasurer Section 472. Qualifications, Powers and Duties.
(a) No person shall be appointed assessor unless he is a
Section 470. Appointment, Qualifications, Powers, and
citizen of the Philippines, a resident of the local
Duties.
government unit concerned, of good moral character, a
(a) The treasurer shall be appointed by the Secretary of
holder of a college degree preferably in civil or
Finance from a list of at least three (3) ranking, eligible
mechanical engineering, commerce, or any other related
recommendees of the governor or mayor, as the case
course from a recognized college or university, and a
may be, subject to civil service law, rules and regulations.
first grade civil service eligible or its equivalent. He must
(b) The treasurer shall be under the administrative
have acquired experience in real property assessment
supervision of the governor or mayor, as the case may be,
work or in any related field for at least five (5) years in
to whom he shall report regularly on the tax collection
the case of the city or provincial assessor, and three (3)
efforts in the local government unit;
years in the case of the municipal assessor.
(c) No person shall be appointed treasurer unless he is a
The appointment of an assessor shall be mandatory for
citizen of the Philippines, a resident of the local
provincial, city and municipal governments.
government unit concerned, of good moral character, a
(b) The assessor shall take charge of the assessor's office,
holder of a college degree preferably in commerce,
perform the duties provided under Book II of this Code,
public administration or law from a recognized college
and shall:
or university, and a first grade civil service eligible or its
(1) Ensure that all laws and policies governing the
equivalent. He must have acquired experience in
appraisal and assessment of real properties for taxation
treasury or accounting service for at least five (5) years
purposes are properly executed;
in the case of the city or provincial treasurer, and three
(2) Initiate, review, and recommend changes in policies
(3) years in the case of municipal treasurer.
and objectives, plans and programs, techniques,
The appointment of a treasurer shall be mandatory for
procedures and practices in the valuation and
provincial, city and municipal governments;
assessment of real properties for taxation purposes;
(d) The treasurer shall take charge of the treasury office,
(3) Establish a systematic method of real property
perform the duties provided for under Book II of this
assessment;
Code, and shall:
(4) Install and maintain a real property identification and
(1) Advise the governor or mayor, as the case may be, the
accounting system;
sanggunian, and other local government and national
(5) Prepare, install and maintain a system of tax
officials concerned regarding disposition of local
mapping, showing graphically all property subject to
government funds, and on such other matters relative to
assessment and gather all data concerning the same;
public finance;
(6) Conduct frequent physical surveys to verify and
(2) Take custody of and exercise proper management of
determine whether all real property within the province
the funds of the local government unit concerned;
are properly listed in the assessment rolls;
(3) Take charge of the disbursement of all local
(7) Exercise the functions of appraisal and assessment
government funds and such other funds the custody of
primarily for taxation purposes of all real properties in the
which may be entrusted to him by law or other
local government unit concerned;
competent authority;
(8) Prepare a schedule of the fair market value for the
(4) Inspect private commercial and industrial
different classes of real properties, in accordance with
establishments within the jurisdiction of the local
Title Two under Book II of this Code;
government unit concerned in relation to the
(9) Issue, upon request of any interested party, certified
implementation of tax ordinances, pursuant to the
copies of assessment records of real property and all
provisions under Book II of this Code;
other records relative to its assessment, upon payment of
(5) Maintain and update the tax information system of the
a service charge or fee to the treasurer;
local government unit;
(10) Submit every semester a report of all assessments,
(6) In the case of the provincial treasurer, exercise
as well as cancellations and modifications of
technical supervision over all treasury offices of
assessments to the local chief executive and the
component cities and municipalities; and
sanggunian concerned;
(e) Exercise such other powers and perform such other
(11) In the case of the assessor of a component city or
duties and functions as may be prescribed by law or
municipality attend, personally or through an authorized
ordinance.
representative, all sessions of the local board of
Section 471. Assistant Treasurer.
assessment appeals whenever his assessment is the
(a) An assistant treasurer may be appointed by the
subject of the appeal, and present or submit any
Secretary of Finance from a list of at least three (3)
information or record in his possession as may be
ranking, eligible recommendees of the governor or
required by the board; and
mayor, subject to civil service law, rules and regulations.
(12) In the case of the provincial assessor, exercise
(b) No person shall be appointed assistant treasurer
technical supervision and visitorial functions over all
unless he is a citizen of the Philippines, a resident of the
component city and municipal assessor, coordinate with
local government unit concerned, of good moral
component city or municipal assessors in the conduct of
character, a holder of a college degree preferably in
tax mapping operations and all other assessment
commerce, public administration, or law from a
activities, and provide all forms of assistance therefor:
recognized college or university, and a first grade civil
Provided, however, That, upon full provision by the
service eligible or its equivalent. He must have acquired
component city or municipality concerned to its
at least five (5) years experience in the treasury or
assessor's office of the minimum personnel, equipment,
accounting service in the case of the city or provincial
and funding requirements as may be prescribed by the
Secretary of Finance, such functions shall be delegated
to the said city or municipal assessor; and
(c) Exercise such other powers and perform such other
duties and functions as may be prescribed by law or
ordinance.
Section 473. Assistant Assessor.
(a) No person shall be appointed assistant assessor unless
he is a citizen of the Philippines, a resident of the local
government unit concerned, of good moral character, a
holder of a college degree preferably in civil or
mechanical engineering, commerce, or any related
course from a recognized college or university, and a first
grade civil service eligible or its equivalent. He must have
acquired experience in assessment or in any related field
for at least three (3) years in the case of the city or
provincial assistant assessor, and one (1) year in the case
of the city or provincial assistant assessor.
The appointment of an assistant assessor shall be
optional for provincial, city and municipal governments.
(b) The assistant assessor shall assist the assessor and
perform such other duties as the latter may assign to him.
He shall have the authority to administer oaths on all
declarations of real property for purposes of assessments.
ARTICLE IV The Accountant
Section 474. Qualifications, Powers and Duties.
(a) No person shall be appointed accountant unless he is
a citizen of the Philippines, a resident of the local
government unit concerned, of good moral character,
and a a certified public accountant. He must have
acquired experience in the treasury or accounting service
for at least five (5) years in the case of the provincial or city
accountant, and three (3) years in the case of the
municipal accountant.
The appointment of an accountant is mandatory for the
provincial, city and municipal governments.
(b) The accountant shall take charge of both the
accounting and internal audit services of the local
government unit concerned and shall:
(1) Install and maintain an internal audit system in the
local government unit concerned;
(2) Prepare and submit financial statements to the
governor or mayor, as the case may be, and to the
sanggunian concerned;
(3) Appraise the sanggunian and other local government
officials on the financial condition and operations of the
local government unit concerned;
(4) Certify to the availability of budgetary allotment to
which expenditures and obligations may be properly
charged;
(5) Review supporting documents before preparation of
vouchers to determine completeness of requirements;
(6) Prepare statements of cash advances, liquidation,
salaries, allowances, reimbursements and remittances
pertaining to the local government unit;
(7) Prepare statements of journal vouchers and
liquidation of the same and other adjustments related
thereto;
(8) Post individual disbursements to the subsidiary
ledger and index cards;
(9) Maintain individual ledgers for officials and employees
of the local government unit pertaining to payrolls and
deductions;
(10) Record and post in index cards details of purchased
furniture, fixtures, and equipment, including disposal
thereof, if any;
(11) Account for all issued requests for obligations and
maintain and keep all records and reports related
thereto;
(12) Prepare journals and the analysis of obligations and
maintain and keep all records and reports related
thereto; and
(13) Exercise such other powers and perform such other
duties and functions as may be provided by law or
ordinance.
(c) The incumbent chief accountant in the office of the
treasurer shall be given preference in the appointment
to the position of accountant.
ARTICLE V The Budget Officer
Section 475. Qualifications, Powers and Duties.
(a) No person shall be appointed budget officer unless
he is a citizen of the Philippines, a resident of the local
government unit concerned, of good moral character, a
holder of a college degree preferably in accounting,
economics, public administration or any related course
from a recognized college or university, and a first grade
civil service eligible or its equivalent. He must have
acquired experience in government budgeting or in any
related field for at least five (5) years in the case of the
provincial or city budget officer, and at least three (3)
years in the case of the municipal budget officer.
The appointment of a budget officer shall be mandatory
for the provincial, city, and municipal governments.
(b) The budget officer shall take charge of the budget
office and shall:
(1) Prepare forms, orders, and circulars embodying
instructions on budgetary and appropriation matters for
the signature of the governor or mayor, as the case may
be;
(2) Review and consolidate the budget proposals of
different departments and offices of the local
government unit;
(3) Assist the governor or mayor, as the case may be, in
the preparation of the budget and during budget
hearings;
(4) Study and evaluate budgetary implications of
proposed legislation and submit comments and
recommendations thereon;
(5) Submit periodic budgetary reports to the Department
of Budget and Management;
(6) Coordinate with the treasurer, accountant, and the
planning and development coordinator for the purpose
of budgeting;
(7) Assist the sanggunian concerned in reviewing the
approved budgets of component local government units;
(8) Coordinate with the planning and development
coordinator in the formulation of the local government
unit development plan; and
(c) Exercise such other powers and perform such other
duties and functions as may be prescribed by law or
ordinance.
(d) The appropriations for personal services of the budget
officer provided under the Department of Budget and
Management shall, upon effectivity of this Code, be
transferred to the local government unit concerned.
Thereafter, the appropriations for personal services of the
budget officer shall be provided for in full in the budget
of the local government unit.
ARTICLE VI The Planning and Development Coordinator
Section 476. Qualifications, Powers and Duties.
(a) No person shall be appointed planning and
development coordinator unless he is a citizen of the
Philippines, a resident of the local government unit
concerned, of good moral character, a holder of a college
degree preferably in urban planning, development
studies, economics, public administration, or any related
course from a recognized college or university, and a first
grade civil service eligible or its equivalent. He must have
acquired experience in development planning or in any
related field for at least five (5) years in the case of the
provincial or city planning and development coordinator,
and three (3) years in the case of the municipal planning
and development coordinator.
The appointment of a planning and development
coordinator shall be mandatory for provincial, city and
municipal governments.
(b) The planning and development coordinator shall take
charge of the planning and development office and shall:
(1) Formulate integrated economic, social, physical, and
other development plans and policies for consideration
of the local government development council;
(2) Conduct continuing studies, researches, and training
programs necessary to evolve plans and programs for
implementation;
(3) Integrate and coordinate all sectoral plans and
studies undertaken by the different functional groups or
agencies;
(4) Monitor and evaluate the implementation of the
different development programs, projects, and activities
in the local government unit concerned in accordance
with the approved development plan;
(5) Prepare comprehensive plans and other
development planning documents for the consideration
of the local development council;
(6) Analyze the income and expenditure patterns, and
formulate and recommend fiscal plans and policies for
consideration of the finance committee of the local
government unit concerned as provided under Title Five,
Book II of this Code;
(7) Promote people participation in development
planning within the local government unit concerned;
(8) Exercise supervision and control over the secretariat of
the local development council; and
(c) Exercise such other powers and perform such other
functions and duties as may be prescribed by law or
ordinance.
ARTICLE VII The Engineer
Section 477. Qualifications, Powers and Duties.
(a) No person shall be appointed engineer unless he is a
citizen of the Philippines, a resident of the local
government unit concerned, of good moral character,
and a licensed civil engineer. He must have acquired
experience in the practice of his profession for at least five
(5) years in the case of the provincial or city engineer, and
three (3) years in the case of the municipal engineer.
The appointment of an engineer shall be mandatory for
the provincial, city and municipal governments. The city
and municipal engineer shall also act as the local building
official.
(b) The engineer shall take charge of the engineering
office and shall:
(1) Initiate, review and recommend changes in policies
and objectives, plans and programs, techniques,
procedures and practices in infrastructure development
and public works in general of the local government unit
concerned;
(2) Advise the governor or mayor, as the case may be, on
infrastructure, public works, and other engineering
matters;
(3) Administer, coordinate, supervise, and control the
construction, maintenance, improvement, and repair of
roads, bridges, and other engineering and public works
projects of the local government unit concerned;
(4) Provide engineering services to the local government
unit concerned, including investigation and survey,
engineering designs, feasibility studies, and project
management;
(5) In the case of the provincial engineer, exercise
technical supervision over all engineering offices of
component cities and municipalities; and
(c) Exercise such other powers and perform such other
duties and functions as may be prescribed by law or
ordinance.
ARTICLE VIII The Health Officer
Section 478. Qualifications, Powers and Duties.
(a) No person shall be appointed health officer unless he
is a citizen of the Philippines, a resident of the local
government unit concerned, of good moral character,
and a licensed medical practitioner. He must have
acquired experience in the practice of his profession for at
least five (5) years in the case of the provincial or city
health officer, and three (3) years in the case of the
municipal health officer.
The appointment of a health officer shall be mandatory
for provincial, city and municipal governments.
(b) The health officer shall take charge of the office on
health and shall:
(1) Take charge of the office on health services, supervise
the personnel and staff of said office, formulate program
implementation guidelines and rules and regulations for
the operation of the said office for the approval of the
governor or mayor, as the case may be, in order to assist
him in the efficient, effective and economical
implementation of a health services program geared to
implementation of health-related projects and activities;
(2) Formulate measures for the consideration of the
sanggunian and provide technical assistance and support
to the governor or mayor, as the case may be, in carrying
out activities to ensure the delivery of basic services and
provisions of adequate facilities relative to health
services provided under Section 17 of this Code;
(3) Develop plans and strategies and upon approval
thereof by the governor or mayor as the case may be,
implement the same, particularly those which have to do
with health programs and projects which the governor or
mayor, is empowered to implement and which the
sanggunian is empowered to provide for under this Code;
(4) In addition to the foregoing duties and functions, the
health officer shall:
(i) Formulate and implement policies, plans, programs
and projects to promote the health of the people in the
local government unit concerned;
(ii) Advise the governor or mayor, as the case may be,
and the sanggunian on matters pertaining to health;
(iii) Execute and enforce laws, ordinances and
regulations relating to public health;
(iv) Recommend to the sanggunian, through the local
health board, the passage of such ordinances as he may
deem necessary for the preservation of public health;
(v) Recommend the prosecution of any violation of
sanitary laws, ordinances or regulations;
(vi) Direct the sanitary inspection of all business
establishments selling food items or providing
accommodations such as hotels, motels, lodging houses,
pension houses, and the like, in accordance with the
Sanitation Code;
(vii) Conduct health information campaigns and render
health intelligence services;
(viii) Coordinate with other government agencies and
non-governmental organizations involved in the
promotion and delivery of health services; and
(ix) In the case of the provincial health officer, exercise
general supervision over health officers of component
cities and municipalities; and
(5) Be in the frontline of health services, delivery,
particularly during and in the aftermath of man-made
and natural disasters and calamities; and
(c) Exercise such other powers and perform such other
duties and functions as may be prescribed by law or
ordinance.
ARTICLE IX The Civil Registrar
Section 479. Qualifications, Powers and Duties.
(a) No person shall be appointed civil registrar unless he is
a citizen of the Philippines, a resident of the local
government unit concerned, of good moral character, a
holder of a college degree from a recognized college or
university, and a first grade civil service eligible or its
equivalent. He must have acquired experience in civil
registry work for at least five (5) years in the case of the
city civil registrar and three (3) years in the case of the
municipal civil registrar.
The appointment of a civil registrar shall be mandatory
for city and municipal governments.
(b) The civil registrar shall be responsible for the civil
registration program in the local government unit
concerned, pursuant to the Civil Registry Law, the Civil
Code, and other pertinent laws, rules and regulations
issued to implement them.
(c) The Civil Registrar shall take charge of the office of
the civil registry and shall:
(1) Develop plans and strategies and upon approval
thereof by the governor or mayor, as the case may be,
implement the same, particularly those which have to do
with civil registry programs and projects which the mayor
is empowered to implement and which the sanggunian
is empowered to provide for under this Code;
(2) In addition to the foregoing duties and functions, the
civil registrar shall:
(i) Accept all registrable documents and judicial decrees
affecting the civil status of persons;
(ii) File, keep and preserve in a secure place the books
required by law;
(iii) Transcribe and enter immediately upon receipt all
registrable documents and judicial decrees affecting the
civil status of persons in the appropriate civil registry
books;
(iv) Transmit to the Office of the Civil Registrar-General,
within the prescribed period, duplicate copies of
registered documents required by law;
(v) Issue certified transcripts or copies of any certificate
or registered documents upon payment of the
prescribed fees to the treasurer;
(vi) Receive applications for the issuance of a marriage
license and, after determining that the requirement and
supporting certificates and publication thereof for the
prescribed period have been complied with, issue the
license upon payment of the authorized fee to the
treasurer;
(vii) Coordinate with the National Statistics Office in
conducting educational campaigns for vital registration
and assist in the preparation of demographic and other
statistics for the local government unit concerned; and
(3) Exercise such other powers and perform such other
duties and functions as may be prescribed by law or
ordinance.
ARTICLE X The Administrator
Section 480. Qualifications, Terms, Powers and Duties.
(a) No person shall be appointed administrator unless he
is a citizen of the Philippines, a resident of the local
government unit concerned, of good moral character, a
holder of a college degree preferably in public
administration, law, or any other related course from a
recognized college or university, and a first grade civil
service eligible or its equivalent. He must have acquired
experience in management and administration work for
at least five (5) years in the case of the provincial or city
administrator, and three (3) years in the case of the
municipal administrator.
The term of administrator is coterminous with that of his
appointing authority.
The appointment of an administrator shall be mandatory
for the provincial and city governments, and optional for
the municipal government.
(b) The administrator shall take charge of the office of the
administrator and shall:
(1) Develop plans and strategies and upon approval
thereof by the governor or mayor, as the case may be,
implement the same particularly those which have to do
with the management and administration-related
programs and projects which the governor or mayor is
empowered to implement and which the sanggunian is
empowered to provide for under this Code;
(2) In addition to the foregoing duties and functions, the
administrator shall:
(i) Assist in the coordination of the work of all the
officials of the local government unit, under the
supervision, direction, and control of the governor or
mayor, and for this purpose, he may convene the chiefs
of offices and other officials of the local government
unit;
(ii) Establish and maintain a sound personnel program
for the local government unit designed to promote
career development and uphold the merit principle in
the local government service;
(iii) Conduct a continuing organizational development of
the local government unit with the end in view of the
instituting effective administrative reforms;
(3) Be in the frontline of the delivery of administrative
support services, particularly those related to the
situations during and in the aftermath of man-made and
natural disasters and calamities;
(4) Recommend to the sanggunian and advise the
governor and mayor, as the case may be, on all other
© Compiled by RGL
matters relative to the management and administration
of the local government unit; and
(5) Exercise such other powers and perform such other
duties and functions as may be prescribed by law or by
ordinance.
ARTICLE XI The Legal Officer
Section 481. Qualifications, Terms, Powers and Duties.
(a) No person shall be appointed legal officer unless he is
a citizen of the Philippines, a resident of the local
government concerned, of good moral character, and a
member of the Philippine Bar. He must have practiced
his profession for at least five (5) years in the case of the
provincial and city legal officer, and three (3) years in the
case of the municipal legal officer.
The term of the legal officer shall be coterminous with
that of his appointing authority.
The appointment of legal officer shall be mandatory for
the provincial and city governments and optional for the
municipal government.
(b) The legal officer, the chief legal counsel of the local
government unit, shall take charge of the office of legal
services and shall:
(1) Formulate measures for the consideration of the
sanggunian and provide legal assistance and support to
the governor or mayor, as the case may be, in carrying
out the delivery of basic services and provisions of
adequate facilities as provided for under Section 17 of
this Code;
(2) Develop plans and strategies and upon approval
thereof by the governor or mayor, as the case may be,
implement the same, particularly those which have to do
with programs and projects related to legal services
which the governor or mayor is empowered to
implement and which the sanggunian is empowered to
provide for under this Code;
(3) In addition to the foregoing duties and functions, the
legal officer shall:
(i) Represent the local government unit in all civil actions
and special proceedings wherein the local government
unit or any official thereof, in his official capacity, is a
party: Provided, That, in actions or proceedings where a
component city or municipality is a party adverse to the
provincial government or to another component city or
municipality, a special legal officer may be employed to
represent the adverse party;
(ii) When required by the governor, mayor or
sanggunian, draft ordinances, contracts, bonds, leases
and other instruments, involving any interest of the local
government unit and provide comments and
recommendations on any instrument already drawn;
(iii) Render his opinion in writing on any question of law
when requested to do so by the governor, mayor or
sanggunian;
(iv) Investigate or cause to be investigated any local
official or employee for administrative neglect or
misconduct in office, and recommend appropriate action
to the governor, mayor or sanggunian, as the case may
be;
(v) Investigate or cause to be investigated any person,
firm or corporation holding any franchise or exercising
any public privilege for failure to comply with any term or
condition in the grant of such franchise or privilege, and
recommending appropriate action to the governor,
mayor or sanggunian, as the case may be;
(vi) When directed by the governor, mayor, or
sanggunian, initiate and prosecute in the interest of the
local government unit concerned any civil action on any
bond, lease or other contract upon any breach or
violation thereof; and
(vii) Review and submit recommendations on ordinances
approved and execute orders issued by component
units;
(3) Recommend measures to the sanggunian and advise
the governor or mayor as the case may be on all other
matters related to upholding the rule of law;
(4) Be in the frontline of protecting human rights and
prosecuting any violations thereof, particularly those
which occur during and in the aftermath of man-made or
natural disasters or calamities; and
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(5) Exercise such other powers and perform such other
duties and functions as may be prescribed by law or
ordinance.
ARTICLE XII The Agriculturist
Section 482. Qualifications, Powers and Duties.
(a) No person shall be appointed agriculturist unless he is
a citizen of the Philippines, a resident of the local
government unit concerned, of good moral character, a
holder of a college degree in agriculture or any related
course from a recognized college or university and a first
grade civil service eligible or its equivalent. He must have
practiced his profession in agriculture or acquired
experience in a related field for at least five (5) years in the
case of the provincial and city agriculturist, and three (3)
years in the case of the municipal agriculturist.
The position of the agriculturist shall be mandatory for
the provincial government and optional for the city and
municipal governments.
(b) The agriculturist shall take charge of the office for
agricultural services, and shall:
(1) Formulate measures for the approval of the
sanggunian and provide technical assistance and support
to the governor or mayor, as the case may be, in carrying
out said measures to ensure the delivery of basic
services and provisions of adequate facilities relative to
agricultural services as provided for under Section 17 of
this Code;
(2) Develop plans and strategies and upon approval
thereof by the governor or mayor, as the case may be,
implement the same, particularly those which have to do
with agricultural programs and projects which the
governor or mayor is empowered to implement and
which the sanggunian is empowered to provide for
under this Code;
(3) In addition to the foregoing duties and functions, the
agriculturist shall:
(i) Ensure that maximum assistance and access to
resources in the production, processing and marketing
of agricultural and aqua-cultural and marine products
are extended to farmers, fishermen and local
entrepreneurs;
(ii) Conduct or cause to be conducted location-specific
agricultural researches and assist in making available the
appropriate technology arising out of and disseminating
information on basic research on crops, preventive and
control of plant diseases and pests, and other
agricultural matters which will maximize productivity;
(iii) Assist the governor or mayor, as the case may be, in
the establishment and extension services of
demonstration forms or aqua-culture and marine
products;
(iv) Enforce rules and regulations relating to agriculture
and aqua-culture;
(v) Coordinate with government agencies and non-
governmental organizations which promote agricultural
productivity through appropriate technology compatible
with environmental integrity;
(4) Be in the frontline of delivery of basic agricultural
services, particularly those needed for the survival of the
inhabitants during and in the aftermath of man-made
and natural disasters;
(5) Recommend to the sanggunian and advise the
governor or mayor, as the case may be, on all other
matters related to agriculture and aqua-culture which
will improve the livelihood and living conditions of the
inhabitants; and
(c) Exercise such other powers and perform such other
duties and functions as may be prescribed by law or
ordinance;
ARTICLE XIII The Social Welfare and Development
Officer
Section 483. Qualifications, Powers and Duties
(a) No person shall be appointed social welfare and
development officer unless he is a citizen of the
Philippines, a resident of the local government
concerned, of good moral character, a duly licensed social
worker or a holder of a college degree preferably in
sociology or any other related course from a recognized
college or university, and a first grade civil service
eligible or its equivalent. He must have acquired
experience in the practice of social work for at least five
(5) years in the case of the provincial or city social
welfare and development officer, and three (3) years in
the case of the municipal social welfare and
development officer.
The appointment of a social welfare and development
officer is mandatory for provincial and city governments,
and optional for municipal government.
(b) The social welfare and development officer shall take
charge of the office on social welfare and development
services and shall:
(1) Formulate measures for the approval of the
sanggunian and provide technical assistance and support
to the governor or mayor, as the case may be, in carrying
out measures to endure the delivery of basic services
and provisions of adequate facilities relative to social
welfare and development services as provided for under
Section 17 of this Code;
(2) Develop plans and strategies and upon approval
thereof by the governor or mayor, as the case may be,
implement the same particularly those which have to do
with social welfare programs and projects which the
governor or mayor is empowered to implement and
which the sanggunian is empowered to provide for under
this Code;
(3) In addition to the foregoing duties, the social welfare
and development officer shall:
(i) Identify the basic needs of the needy, the
disadvantaged and the impoverished and develop and
implement appropriate measures to alleviate their
problems and improve their living conditions;
(ii) Provide relief and appropriate crisis intervention for
victims of abuse and exploitation and recommend
appropriate measures to deter further abuse and
exploitation;
(iii) Assist the governor or mayor, as the case may be, in
implementing the barangay level program for the total
development and protection of children up to six (6)
years of age;
(iv) Facilitate the implementation of welfare programs for
the disabled, elderly, and victims of drug addiction, the
rehabilitation of prisoners and parolees, the prevention of
juvenile delinquency and such other activities which
would eliminate or minimize the ill-effects of poverty;
(v) Initiate and support youth welfare programs that will
enhance the role of the youth in nation-building;
(vi) Coordinate with government agencies and non-
governmental organizations which have for their
purpose the promotion and the protection of all needy,
disadvantaged, underprivileged or impoverished groups
or individuals, particularly those identified to be
vulnerable and high-risk to exploitation, abuse and
neglect;
(4) Be in the frontline or service delivery, particularly
those which have to do with immediate relief during and
assistance in the aftermath of man-made and natural
disaster and natural calamities;
(5) Recommend to the sanggunian and advise the
governor or mayor, as the case may be, on all other
matters related to social welfare and development
services which will improve the livelihood and living
conditions of the inhabitants; and
(c) Exercise such other powers and perform such other
duties and functions as may be prescribed by law or
ordinance;
ARTICLE XIV The Environment and Natural Resources
Officer
Section 484. Qualifications, Powers and Duties.
(a) No person shall be appointed environment and
natural resources officer unless he is a citizen of the
Philippines, a resident of the local government unit
concerned, of good moral character, a holder of a college
degree preferably in environment, forestry, agriculture or
any related course from a recognized college or
university, and a first grade civil service eligible or its
equivalent. He must have acquired experience in
environmental and natural resources management,
out measures to ensure the delivery of basic services
conservation, and utilization, of at least five (5) years in
and provision of adequate facilities relative to
the case of the provincial or city environment and
architectural planning and design as provided for under
natural resources officer, and three (3) years in the case
Section 17 of this Code;
of the municipal environment and natural resources
(2) Develop plans and strategies and upon approval
officer.
thereof by the governor or mayor, as the case may be,
The appointment of the environment and natural
implement the same, particularly those which have to do
resources officer is optional for provincial, city, and
with architectural planning and design programs and
municipal governments.
projects which the governor or mayor is empowered to
(b) The environment and natural resources management
implement and which the sanggunian is empowered to
officer shall take charge of the office on environment
provide for under this Code;
and natural resources and shall:
(3) In addition to foregoing duties and functions, the
(1) Formulate measures for the consideration of the
architect shall:
sanggunian and provide technical assistance and support
(i) Prepare and recommend for consideration of the
to the governor or mayor, as the case may be, in carrying
sanggunian the architectural plan and design for the
out measures to ensure the delivery of basic services
local government unit or a part thereof, including the
and provision of adequate facilities relative to
renewal of slums and blighted areas, land reclamation
environment and natural resources services as provided
activities, the greening of land, and appropriate planning
for under Section 17 of this Code;
of marine and foreshore areas;
(2) Develop plans and strategies and upon approval
(ii) Review and recommend for appropriate action of the
thereof, by the governor or mayor, as the case may be,
sanggunian, governor or mayor, as the case may be, the
implement the same, particularly those which have to do
architectural plans and design submitted by
with environment and natural resources programs and
governmental and non-governmental entities or
projects which the governor or mayor is empowered to
individuals, particularly those for undeveloped,
implement and which the sanggunian is empowered to
underdeveloped, and poorly-designed areas; and
provide for under this Code;
(iii) Coordinate with government and non-government
(3) In addition to the foregoing duties and functions, the
entities and individuals involved in the aesthetics and
environment and natural resources officer shall:
the maximum utilization of the land and water within
(i) Establish, maintain, protect and preserve communal
the jurisdiction of the local government unit, compatible
forests, watersheds, tree parks, mangroves, greenbelts
with environmental integrity and ecology balance;
and similar forest projects and commercial forest, like
(4) Be in the frontline of the delivery of services involving
industrial tree farms and agro-forestry projects;
architectural planning and design, particularly those
(ii) Provide extension services to beneficiaries of forest
related to the redesigning of spatial distribution of basic
development projects and technical, financial and
facilities and physical structures during and in the
infrastructure assistance;
aftermath of man-made and natural calamities and
(iii) Manage and maintain seed banks and produce
disasters;
seedlings for forest and tree parks;
(5) Recommend to the sanggunian and advise the
(iv) Provide extension services to beneficiaries of forest
governor or mayor, as the case may be, on all matters
development projects and render assistance for natural
relative to the architectural planning and design as it
resources-related conservation and utilization activities
relates to the total socio-economic development of the
consistent with ecological balance;
local government units; and
(v) Promote the small-scale mining and utilization of
(c) Exercise such other powers and perform such other
mineral resources, particularly mining of gold;
duties and functions as may be prescribed by law or
(vi) Coordinate with government agencies and non-
ordinance.
governmental organizations in the implementation of
measures to prevent and control land, air and water ARTICLE XVI The Information Officer
pollution with the assistance of the Department of
Environment and Natural Resources; Section 486. Qualifications, Powers and Duties.
(4) Be in the frontline of the delivery of services (a) No person shall be appointed information officer
concerning the environment and natural resources, unless he is a citizen of the Philippines, a resident of the
particularly in the renewal and rehabilitation of the local government unit concerned, of good moral
environment during and in the aftermath of man-made character, a holder of a college degree preferably in
and natural calamities and disasters; journalism, mass communication or any related course
(5) Recommend to the sanggunian and advise the from a recognized college or university, and a first grade
governor or mayor, as the case may be, on all matters civil service eligible or its equivalent. He must have
relative to the protection, conservation maximum experience in writing articles and research papers, or in
utilization, application of appropriate technology and writing for print, television or broadcast media of at least
other matters related to the environment and natural three (3) years in the case of the provincial or city
resources; and information officer, and at least one (1) year in the case of
(c) Exercise such other powers and perform such other municipal information officer.
duties and functions as may be prescribed by law or The appointment of the information officer is optional for
ordinance. the provincial, city and municipal governments.
The term of the information officer is coterminous with
ARTICLE XV The Architect that of his appointing authority.
Section 485. Qualifications, Powers and Duties. (b) The information officer shall take charge of the office
on public information and shall:
(a) No person shall be appointed architect unless he is a
citizen of the Philippines, a resident of the local (1) Formulate measures for the consideration of the
sanggunian and provide technical assistance and support
government unit concerned, of good moral character, a
to the governor or mayor, as the case may be, in
duly licensed architect. He must have practiced his
providing the information and research data required for
profession for at least five (5) years in the case of the
the delivery of basic services and provision of adequate
provincial or city architect, and three (3) years in the case
facilities so that the public becomes aware of said
of the municipal architect.
services and may fully avail of the same;
The appointment of the architect is optional for
(2) Develop plans and strategies and, upon approval
provincial, city and municipal governments.
thereof by the governor or mayor, as the case may be,
(b) The Architect shall take charge of the office on
implement the same, particularly those which have to do
architectural planning and design and shall:
with public information and research data to support
(1) Formulate measures for the consideration of the
programs and projects which the governor or mayor is
sanggunian and provide technical assistance and support
to the governor or mayor, as the case may be, in
carrying
empowered to implement and which the sanggunian is
empowered to provide for under this Code;
(3) In addition to the foregoing duties and functions, the
information officer shall:
(i) Provide relevant, adequate, and timely information to
the local government unit and its residents;
(ii) Furnish information and data on local government
units to government agencies or offices as may be
required by law or ordinance; and non-governmental
organizations to be furnished to said agencies and
organizations;
(iii) Maintain effective liaison with the various sectors of
the community on matters and issues that affect the
livelihood and the quality of life of the inhabitants and
encourage support for programs of the local and national
government;
(4) Be in the frontline in providing information during and
in the aftermath of man-made and natural calamities and
disasters, with special attention to the victims thereof, to
help minimize injuries and casualties during and after the
emergency, and to accelerate relief and rehabilitation;
(5) Recommend to the sanggunian and advise the
governor or mayor, as the case may be, on all matters
relative to public information and research data as it
relates to the total socio-economic development of the
local government unit; and
(c) Exercise such other powers and perform such other
duties and functions as may be prescribed by law or
ordinance.
ARTICLE XVII The Cooperatives Officer
Section 487. Qualifications, Powers and Duties.
(a) No person shall be appointed cooperative officer
unless he is a citizen of the Philippines, a resident of the
local government unit concerned, of good moral
character, a holder of a college degree preferably in
business administration with special training in
cooperatives or any related course from a recognized
college or university, and a first grade civil service
eligible or its equivalent. He must have experience in
cooperatives organizations and management of at least
five (5) years in the case of provincial or city
cooperatives officer, and three (3) years in the case of
municipal cooperatives officer.
The appointment of the cooperatives officer is optional
for the provincial and city governments.
(b) The cooperatives officer shall take charge of the office
for the development of cooperatives and shall:
(1) Formulate measures for the consideration of the
sanggunian, and provide technical assistance and
support to the governor or mayor, as the case may be, in
carrying out measures to ensure the delivery of basic
services and provision of facilities through the
development of cooperatives, and in providing access to
such services and facilities;
(2) Develop plans and strategies and, upon approval
thereof by the governor or mayor, as the case may be,
implement the same, particularly those which have to do
with the integration of cooperatives principles and
methods in programs and projects which the governor or
mayor is empowered to implement and which the
sanggunian is empowered to provide for under this Code;
(3) In addition to the foregoing duties and functions, the
cooperatives officer shall:
(i) Assist in the organization of cooperatives;
(ii) Provide technical and other forms of assistance to
existing cooperatives to enhance their viability as an
economic enterprise and social organization;
(iii) Assist cooperatives in establishing linkages with
government agencies and non-government
organizations involved in the promotion and integration
of the concept of cooperatives in the livelihood of the
people and other community activities;
(4) Be in the frontline of cooperatives organization,
rehabilitation or viability-enhancement, particularly
during and in the aftermath of man-made and natural
calamities and disasters, to aid in their survival and, if
necessary subsequent rehabilitation;
(5) Recommend to the sanggunian, and advise the
governor or mayor, as the case may be, on all matters
relative to cooperatives development and viability-
enhancement which will improve the livelihood and
quality of life of the inhabitants; and
(c) Exercise such other powers and perform such other
duties and functions as may be prescribed by law or
ordinance.
ARTICLE XVIII The Population Officer
Section 488. Qualification, Powers and Duties. -
(a) No person shall be appointed population officer
unless he is a citizen of the Philippines, a resident of the
local government unit concerned, of good moral
character, a holder of a college degree with specialized
training in population development from a recognized
college or university, and a first grade civil service
eligible or its equivalent. He must have experience in the
implementation of programs on population development
or responsible parenthood for at least five (5) years in
the case of the provincial or city population officer, and
three
(3) years in the case of the municipal population officer.
The appointment of a population officer shall be optional
in the local government unit: Provided, however, That
provinces and cities which have existing population
offices shall continue to maintain such offices for a period
of five (5) years from the date of effectivity of this Code,
after which said offices shall become optional.
(b) The population officer shall take charge of the office
on population development and shall:
(1) Formulate measures for the consideration of the
sanggunian and provide technical assistance and support
to the governor or mayor, as the case may be, in carrying
out measures to ensure the delivery of basic services
and provision of adequate facilities relative to the
integration of the population development principles
and in providing access to said services and facilities;
(2) Develop plans and strategies and upon approval
thereof by the governor or mayor, as the case may be,
implement the same, particularly those which have to do
with the integration of population development
principles and methods in programs and projects which
the governor or mayor is empowered to implement and
which the sanggunian is empowered to provide for
under this Code;
(3) In addition to the foregoing duties and functions, the
population officer shall:
(i) Assist the governor or mayor, as the case may be, in
the implementation of the Constitutional provisions
relative to population development and the promotion
of responsible parenthood;
(ii) Establish and maintain an updated data bank for
program operations, development planning and an
educational program to ensure the people's
participation in and understanding of population
development;
(iii) Implement appropriate training programs responsive
to the cultural heritage of the inhabitants; and
(c) Exercise such other powers and perform such other
duties and functions as may be prescribed by law or
ordinance.
ARTICLE XIX The Veterinarian
Section 489. Qualifications, Powers and Duties.
(a) No person shall be appointed veterinarian unless he is
a citizen of the Philippines, a resident of the local
government unit concerned, of good moral character, a
licensed doctor of veterinary medicine. He must have
practiced his profession for at least three (3) years in the
case of provincial or city veterinarian and at least one (1)
year in the case of the municipal veterinarian.
The appointment of a veterinarian officer is mandatory
for the provincial and city governments.
(b) The veterinarian shall take charge of the office for
veterinary services and shall:
(1) Formulate measures for the consideration of the
sanggunian, and provide technical assistance and
support to the governor or mayor, as the case may be, in
carrying out measures to ensure the delivery of basic
services and provision of adequate facilities pursuant to
Section 17 of this Code;
(2) Develop plans and strategies and upon approval
thereof by the governor or mayor, as the case may be,
implement the same, particularly those which have to do
with the veterinary-related activities which the governor
or mayor is empowered to implement and which the
sanggunian is empowered to provide for under this Code;
(3) In addition to the foregoing duties and functions, the
veterinarian shall:
(i) Advise the governor or the mayor, as the case may be,
on all matters pertaining to the slaughter of animals for
human consumption and the regulation of
slaughterhouses;
(ii) Regulate the keeping of domestic animals;
(iii) Regulate and inspect poultry, milk and dairy products
for public consumption;
(iv) Enforce all laws and regulations for the prevention of
cruelty to animals; and
(v) Take the necessary measures to eradicate, prevent or
cure all forms of animal diseases;
(4) Be in the frontline of veterinary related activities,
such as in the outbreak of highly-contagious and deadly
diseases, and in situations resulting in the depletion of
animals for work and human consumption, particularly
those arising from and in the aftermath of man-made
and natural calamities and disasters;
(5) Recommend to the sanggunian and advise the
governor or mayor, as the case may be, on all other
matters relative to veterinary services which will increase
the number and improve the quality of livestock, poultry
and other domestic animals used for work or human
consumption; and
(c) Exercise such other powers and perform such other
duties and functions as may be prescribed by law or
ordinance.
ARTICLE XX The General Services Officer
Section 490. Qualifications, Powers and Duties.
(a) No person shall be appointed general services officer
unless he is a citizen of the Philippines, a resident of the
local government unit concerned, of good moral
character, a holder of a college degree on public
administration, business administration and
management from a recognized college or university,
and a first grade civil service eligible or its equivalent. He
must have acquired experience in general services,
including management of supply, property, solid waste
disposal, and general sanitation, of at least five (5) years
in the case of the provincial or city general services
officer, and at least three (3) years in the case of the
municipal general services officer.
The appointment of a general services officer is
mandatory for the provincial and city governments,
(b) The general services officer shall take charge of the
office on general services and shall:
(1) Formulate measures for the consideration of the
sanggunian and provide technical assistance and support
to the governor or mayor, as the case may be, in carrying
out measures to ensure the delivery of basic services
and provision of adequate facilities pursuant to Section
17 of this Code and which require general services
expertise and technical support services;
(2) Develop plans and strategies and upon approval
thereof by the governor or mayor, as the case may be,
implement the same, particularly those which have to do
with the general services supportive of the welfare of the
inhabitants which the governor or mayor is empowered
to implement and which the sanggunian is empowered
to provide for under this Code;
(3) In addition to the foregoing duties and functions, the
general services officer shall:
(i) Take custody of and be accountable for all properties,
real or personal, owned by the local government unit
and those granted to it in the form of donation,
reparation, assistance and counterpart of joint projects;
(ii) With the approval of the governor or mayor, as the
case may be, assign building or land space to local
officials or other public officials, who by law, are entitled
to such space;
(iii) Recommend to the governor or mayor, as the case
may be, the reasonable rental rates for local government
properties, whether real or personal, which will be leased
to public or private entities by the local government;
(iv) Recommend to the governor or mayor, as the case
may be, reasonable rental rates of private properties
which may be leased for the official use of the local
government unit;
(v) Maintain and supervise janitorial, security,
government public buildings and other real property,
whether owned or leased by the local government unit;
(vi) Collate and disseminate information regarding
prices, shipping and other costs of supplies and other
items commonly used by the local government unit;
(vii) Perform archival and record management with
respect to records of offices and departments of the
local government unit; and
(viii) Perform all other functions pertaining to supply and
property management heretofore performed by the local
government treasurer; and enforce policies on records
creation, maintenance, and disposal;
(4) Be in the frontline of general services related activities,
such as the possible or imminent destruction or damage
to records, supplies, properties, and structures and the
orderly and sanitary clearing up of waste materials or
debris, particularly during and in the aftermath of man-
made and natural calamities and disasters;
(5) Recommend to the sanggunian and advise the
governor or mayor, as the case may be, on all matters
relative to general services; and
(c) Exercise such other powers and perform such other
duties and functions as may be prescribed by law or
ordinance.
TITLE VI LEAGUES OF LOCAL GOVERNMENT
UNITS AND ELECTIVE OFFICIALS
CHAPTER I Leagues of Local Government Units
ARTICLE I Liga ng Mga Barangay
Section 491. Purpose of Organization. - There shall be an
organization of all barangays to be known as the liga ng
mga barangay for the primary purpose of determining
the representation of the Liga in the sanggunians, and
for ventilating, articulating and crystallizing issues
affecting barangay government administration and
securing, through proper and legal means, solutions
thereto.
Section 492. Representation, Chapters, National Liga. -
Every barangay shall be represented in said liga by the
punong barangay, or in his absence or incapacity, by a
sanggunian member duly elected for the purpose among
its members, who shall attend all meetings or
deliberations called by the different chapters of the liga.
The liga shall have chapters at the municipal, city,
provincial and metropolitan political subdivision levels.
The municipal and city chapters of the liga shall be
composed of the barangay representatives of municipal
and city barangays respectively. The duly elected
presidents of component municipal and city chapters
shall constitute the provincial chapter or the
metropolitan political subdivision chapter. The duly
elected presidents of highly-urbanized cities, provincial
chapters, the Metropolitan Manila chapter and
metropolitan political subdivision chapters shall
constitute the National Liga ng mga Barangay.
Section 493. Organization. - The liga at the municipal,
city, provincial, metropolitan political subdivision, and
national levels directly elect a president, a vice-
president, and five (5) members of the board of
directors. The board shall appoint its secretary and
treasurer and create such other positions as it may deem
necessary for the management of the chapter. A
secretary-general shall be elected from among the
members of the national liga and shall be charged with
the overall operation of the liga
on national level. The board shall coordinate the activities
of the chapters of the liga.
Section 494. Ex-Officio Membership in Sanggunians. -
The duly elected presidents of the liga at the municipal,
city and provincial levels, including the component cities
and municipalities of Metropolitan Manila, shall serve as
ex-officio members of the sangguniang bayan,
sangguniang panlungsod, sangguniang panlalawigan,
respectively. They shall serve as such only during their
term of office as presidents of the liga chapters, which in
no case shall be beyond the term of office of the
sanggunian concerned.
Section 495. Powers, Functions and Duties of the Liga. -
The liga shall:
(a) Give priority to programs designed for the total
development of the barangays and in consonance with
the policies, programs and projects of the national
government;
(b) Assist in the education of barangay residents for
people's participation in local government
administration in order to promote united and
concerted action to achieve country-wide development
goals;
(c) Supplement the efforts of government in creating
gainful employment within the barangay;
(d) Adopt measures to promote the welfare of barangay
officials;
(e) Serve as a forum of the barangays in order to forge
linkages with government and non-governmental
organizations and thereby promote the social, economic
and political well-being of the barangays; and
(f) Exercise such other powers and perform such other
duties and functions which will bring about stronger ties
between barangays and promote the welfare of the
barangay inhabitants.
ARTICLE II League of Municipalities
Section 496. Purpose of Organization. - There shall be an
organization of all municipalities to be known as league
of municipalities for the primary purpose of ventilating,
articulating and crystallizing issues affecting municipal
government administration, and securing, through
proper and legal means, solutions thereto.
The league shall form provincial chapters composed of
the league presidents for all component municipalities of
the province.
Section 497. Representation. - Every municipality shall
be represented in the league by the municipal mayor of
in his absence, by the vice-mayor or a sanggunian
member duly elected for the purpose by the members,
who shall attend all meetings and participate in the
deliberations of the league.
Section 498. Powers, Functions and Duties of the League
of Municipalities. - The league of municipalities shall:
(a) Assist the national government in the formulation
and implementation of the policies, programs and
projects affecting municipalities as a whole;
(b) Promote local autonomy at the municipal level;
(c) Adopt measures for the promotion of the welfare of all
municipalities and its officials and employees;
(d) Encourage people's participation in local government
administration in order to promote united and
concerted action for the attainment of country-wide
development goals;
(e) Supplement the efforts of the national government in
creating opportunities for gainful employment within
the municipalities;
(f) Give priority to programs designed for the total
development of the municipalities in consonance with
the policies, programs and projects of the national
government;
(g) Serve as a forum for crystallizing and expressing ideas,
seeking the necessary assistance of the national
government, and providing the private sector avenues for
cooperation in the promotion of the welfare of the
municipalities; and
(h) Exercise such other powers and perform such other
duties and functions as the league may prescribe for the
welfare of the municipalities.
ARTICLE III League of Cities
Section 499. Purpose of Organization. - There shall be an
organization of all cities to be known as the League of
Cities for the primary purpose of ventilating, articulating
and crystallizing issues affecting city government
administration, and securing, through proper and legal
means, solutions thereto.
The league may form chapters at the provincial level for
the component cities of a province. Highly-urbanized
cities may also form a chapter of the League. The
National League shall be composed of the presidents of
the league of highly-urbanized cities and the presidents
of the provincial chapters of the league of component
cities.
Section 500. Representation. - Every city shall be
represented in the league by the city mayor or in his
absence, by the city vice-mayor or a sanggunian member
duly elected for the purpose by the members, who shall
attend all meetings and participate in the deliberations
of the league.
Section 501. Powers, Functions and Duties of the League
of City. - The league of cities shall:
(a) Assist the national government in the formulation
and implementation of the policies, programs and
projects affecting cities as a whole;
(b) Promote local autonomy at the city level;
(c) Adopt measures for the promotion of the welfare of all
cities and its officials and employees;
(d) Encourage people's participation in local government
administration in order to promote united and
concerted action for the attainment of country-wide
development goals;
(e) Supplement the efforts of the national government in
creating opportunities for gainful employment the cities;
(f) Give priority to programs designed for the total
development of cities in consonance with the policies,
programs and projects of the national government;
(g) Serve as a forum for crystallizing and expressing
ideas, seeking the necessary assistance of the national
government and providing the private sector avenues
for cooperation in the promotion of the welfare of the
cities; and
(h) Exercise such other powers and perform such other
duties and functions as the league may prescribe for the
welfare of the cities.
ARTICLE IV League of Provinces
Section 502. Purpose of Organization. - There shall be an
organization of all provinces to be known as the League
of Provinces for the primary purpose of ventilating,
articulating and crystallizing issues affecting provincial and
metropolitan political subdivision government
administration, and securing, through proper and legal
means, solutions thereto. For this purpose, the
Metropolitan Manila Area and any metropolitan political
subdivision shall be considered as separate provincial
units of the league.
Section 503. Representation. - Every province shall be
represented in the league by the provincial governor or
in his absence, by the provincial vice-governor or a
sanggunian member duly elected for the purpose by the
members, who shall attend all meetings and participate
in the deliberations of the league.
Section 504. Powers, Functions and Duties of the League
of Provinces. - The league of provinces shall:
(a) Assist the national government in the formulation
and implementation of the policies, programs and
projects affecting provinces as a whole;
(b) Promote local autonomy at the provincial level;
(c) Adopt measures for the promotion of the welfare of all
provinces and its officials and employees;
(d) Encourage people's participation in local government
administration in order to promote united and
concerted action for the attainment of countrywide
employment within the province;
(e) Supplement the efforts of the national government in
creating opportunities for gainful employment within the
province;
(f) Give priority to programs designed for the total
development of the provinces in consonance with the
policies, programs and projects of the national
government;
(g) Serve as a forum for crystallizing and expressing
ideas, seeking the necessary assistance of the national
government and providing the private sector avenues
for cooperation in the promotion of the welfare of the
provinces; and
(h) Exercise such other powers and perform such other
duties and functions as the league may prescribe for the
welfare of the provinces and metropolitan political
subdivisions.
ARTICLE V Provisions Common to All Leagues
Section 505. Funding.
(a) All leagues shall derive its funds from contributions of
member local government units and from fund-raising
projects and activities without the necessity of securing
permits therefor: Provided, That the proceeds from said
fund-raising projects and activities shall be used primarily
to fund the projects for which the said proceeds have
been raised, subject to the pertinent provision of this
Code and the pertinent provisions of the Omnibus
Election Code.
(b) All funds of leagues shall be deposited as trust funds
with its treasurer and shall be disbursed in accordance
with the board of director's resolutions, subject to
pertinent accounting and auditing rules and regulations:
Provided, That the treasurer shall be bonded in an
amount to be determined by the board of directors. The
funds of a chapter shall be deposited as chapter funds
and funds of the national league shall be deposited as
national funds.
Section 506. Organizational Structure. - To ensure the
effective and efficient administration, the leagues for
municipalities, cities and provinces shall elect chapter-
level and national-level boards of directors and a set of
officers headed by the president. A secretary-general
shall be chosen from among the national league
members to manage the day to day operation and
activities of the national league. The board of directors
on the chapter or national level may create such other
positions as may be deemed necessary for the
management of the chapters and of the national league.
The national board of directors of the leagues for
municipalities, cities or provinces shall coordinate
programs, projects and activities of chapter and the
national-level league.
Section 507. Constitution and By-laws of the Liga and
the Leagues. - All other matters not herein otherwise
provided for affecting the internal organization of the
leagues of local government units shall be governed by
their respective constitution and by-laws which are
hereby made suppletory to the provision of this Chapter:
Provided, That said Constitution and By-laws shall always
conform to the provisions of the Constitution and
existing laws.
CHAPTER II Leagues and Federation of Local
Elective Officials
Section 508. Organization.
(a) Vice-governors, vice-mayors, sanggunian members of
barangays, municipalities, component cities,
highly-urbanized cities and provinces, and other elective
local officials of local government units, including those
of the Metropolitan Manila Area and any metropolitan
political subdivisions, may form their respective leagues
or federation, subject to applicable provisions of this Title
and pertinent provisions of this Code;
(b) Sanggunian members of component cities and
municipalities shall form a provincial federation and
elect a board of directors and a set of officers headed by
the president. The duly elected president of the
provincial federation of sanggunian members of
component cities and municipalities shall be an ex-
officio member of the
sangguniang panlalawigan concerned and shall serve as
such only during his term of office as president of the
provincial federation of sanggunian members of
component cities and municipalities, which in no case
shall be beyond the term of office of the sanggunian
panlalawigan concerned.
Section 509. Constitution and By-laws. - The leagues or
federations shall adopt a Constitution and by-laws which
shall govern their internal organization and operation:
Provided, That said Constitution and by-laws shall always
conform to the provision of the Constitution and existing
laws.
Section 510. Funding. - The leagues and federations may
derive funds from contributions of individual league or
federation members or from fund-raising projects or
activities. The local government unit concerned may
appropriate funds to support the leagues or federation
organized pursuant to this Section, subject to the
availability of funds.
BOOK IV MISCELLANEOUS AND FINAL
PROVISIONS
TITLE I PENAL PROVISIONS
Section 511. Posting and Publication of Ordinances with
Penal Sanctions.
(a) Ordinances with penal sanctions shall be posted at
prominent places in the provincial capitol, city, municipal
or barangay hall, as the case may be, for a minimum
period of three (3) consecutive weeks. Such ordinances
shall also be published in a newspaper of general
circulation, where available, within the territorial
jurisdiction of the local government unit concerned,
except in the case of barangay ordinances. Unless
otherwise provided therein, said ordinances shall take
effect on the day following its publication, or at the end of
the period of posting, whichever occurs later.
(b) Any public officer or employee who violates an
ordinance may be meted administrative disciplinary
action, without prejudice to the filing of the appropriate
civil or criminal action.
(c) The secretary to the sanggunian concerned shall
transmit official copies of such ordinances to the chief
executive officer of the Office Gazette within seven (7)
days following the approval of the said ordinance for
publication purposes. The Official Gazette may publish
ordinances with penal sanctions for archival and
reference purposes.
Section 512. Withholding of Benefits Accorded to
Barangay Officials. - Willful and malicious withholding of
any of the benefits accorded to barangay officials under
Section 393 hereof shall be punished with suspension or
dismissal from office of the official or employee
responsible therefor.
Section 513. Failure to Post and Publish the Itemized
Monthly Collections and Disbursements. - Failure by the
local treasurer of the local chief accountant to post the
itemized monthly collections and disbursements of the
local government unit concerned within ten (10) days
following the end of every month and for at least two (2)
consecutive weeks at prominent places in the main office
building of the local government unit concerned, its plaza
and main street, and to publish said itemization in a
newspaper of general circulation, where available, in the
territorial jurisdiction of such unit, shall be punished by a
fine not exceeding Five hundred pesos (P500.00) or by
imprisonment not exceeding one (1) month, or both such
fine and imprisonment, at the discretion of the court.
Section 514. Engaging in Prohibited Business
Transactions or Possessing Illegal Pecuniary Interest. -
Any local official and any person or persons dealing with
him who violate the prohibitions provided in Section 89
of Book I hereof, shall be punished with imprisonment
for six months and one day to six years, or a fine of not
less than Three thousand pesos (P3,000.00) nor more
than
Ten thousand pesos (P10,000.00), or both such
imprisonment and fine at the discretion of the court.
Section 515. Refusal or Failure of Any Party or Witness
to Appear before the Lupon or Pangkat. - Refusal or
willful failure of any party or witness to appear before
the lupon or pangkat in compliance with a summons
issued pursuant to the provisions on the Katarungang
Pambarangay under Chapter 7, Title III of this Code may
be punished by the city or municipal court as for indirect
contempt of court upon application filed therewith by
the lupon chairman, the pangkat chairman, or by any of
the contending parties. Such refusal or willful failure to
appear shall be reflected in the records of the lupon
secretary or in the minutes of the pangkat secretary and
shall bar the complainant who fails to appear, from
seeking judicial recourse for the same cause of action,
and the respondent who refuses to appear, from filing
any counterclaim arising out of, or necessarily connected
with the complaint.
A pangkat member who serves as such shall be entitled
to an honorarium, the amount of which is to be
determined by the sanggunian concerned subject to the
provisions in this Code cited above.
Section 516. Penalties for Violation of Tax Ordinances. -
The sanggunian of a local government unit is authorized
to prescribe fines or other penalties for violation of tax
ordinances but in no case shall such fines be less than
One thousand pesos (P1,000.00) nor more than Five
thousand pesos (P5,000.00), nor shall imprisonment be
less than one (1) month nor more than six (6) months.
Such fine or other penalty, or both, shall be imposed at
the discretion of the court. The sangguniang barangay
may prescribe a fine of not less than One hundred pesos
(P100.00) nor more than One thousand pesos (P1,000.00).
Section 517. Omission of Property from Assessment or
Tax Rolls by Officers and Other Acts. - Any officer charged
with the duty of assessing real property who willfully fails
to assess, or who intentionally omits from the assessment
or tax roll any real property which he knows to be taxable,
or who willfully or negligently under assesses any real
property, or who intentionally violates or fails to perform
any duty imposed upon him by law relating to the
assessment of taxable real property shall, upon
conviction, be punished by a fine of not less than One
thousand pesos (P1,000.00) nor more than Five thousand
pesos (P5,000.00), or by imprisonment of not less than
one (1) month nor more than six (6) months, or both such
fine and imprisonment, at the discretion of the court.
The same penalty shall be imposed upon any officer
charged with the duty of collecting the tax due on real
property who willfully or negligently fails to collect the
tax and institute the necessary proceedings for the
collection of the same.
Any other officer required by this Code to perform acts
relating to the administration of the real property tax or to
assist the assessor or treasurer in such administration,
who willfully fails to discharge such duties shall, upon
conviction be punished by a fine of not less than Five
hundred pesos (P500.00) nor more than Five thousand
pesos (P5,000.00) or imprisonment of not less than one (1)
month nor more than six (6) months, or both such fine
and imprisonment, at the discretion of the court.
Section 518. Government Agents Delaying Assessment of
Real Property and Assessment Appeals. - Any
government official who intentionally and deliberately
delays the assessment of real property or the filing of any
appeal against its assessment shall, upon conviction, be
punished by a fine of not less than Five hundred pesos
(P500.00) nor more than Five thousand pesos (P5,000.00),
or by imprisonment of not less than one (1) month nor
more than six (6) months, or both such fine and
imprisonment, at the discretion of the court.
Section 519. Failure to Dispose of Delinquent Real
Property at Public Auction. - The local treasurer
concerned who fails to dispose of delinquent real
property at public auction in compliance with the
pertinent provisions of this Code, and any other local
government official whose acts hinder the prompt
disposition of delinquent real property at public auction
shall, upon conviction, be subject to a fine of not less than
One thousand pesos (P1,000.00) nor more than Five
thousand pesos (P5,000.00), or imprisonment of not less
than one (1) month nor more than six (6) months, or both
such fine and imprisonment, at the discretion of the
court.
Section 520. Prohibited Acts Related to the Award of
Contracts Under the Provisions on Credit Financing. - It
shall be unlawful for any public official or employee in the
provincial, city, or municipal government, or their relatives
within the fourth civil degree of consanguinity or affinity,
to enter into or have any pecuniary interest in any
contract for the construction, acquisition, operation or
maintenance of any project awarded pursuant to the
provisions of Title Four in Book II hereof, or for the
procurement of any supplies, materials, or equipment of
any kind to be used in the said project. Any person
convicted for violation of the provisions of said Title shall
be removed from office and shall be punishable by
imprisonment of not less than one (1) month, nor more
than two (2) years, at the discretion of the court, without
prejudice to prosecution under other laws.
TITLE II PROVISIONS FOR IMPLEMENTATION
Section 521. Mandatory Review Every Five Years. -
Congress shall undertake a mandatory review of this
Code at least once every five (5) years and as often as it
may deem necessary, with the primary objective of
providing a more responsive and accountable local
government structure.
Section 522. Insurance Coverage. - The Government
Service Insurance System (GSIS) shall establish and
administer an appropriate system under which the
punong barangay, the members of the sangguniang
barangay, the barangay secretary, the barangay
treasurer, and the members of the barangay tanod shall
enjoy insurance coverage as provided in this Code and
other pertinent laws. For this purpose, the GSIS is hereby
directed to undertake an actuarial study, issue rules and
regulations, determine the premiums payable, and
recommend to Congress the amount of appropriations
needed to support the system. The amount needed for
the implementation of the said insurance shall be
included in the annual General Appropriations Act.
Section 523. Personnel Retirement and/or Benefits. - An
official or employee of the national government or local
government unit separated from the service as a result
of reorganization effected under this Code shall, if
entitled under the laws then in force, receive the
retirement and other benefits accruing thereunder:
Provided, however, That such benefits shall be given
funding priority by the Department of Budget and
Management in the case of national officials and
employees, and the local government unit concerned in
the case of local officials and employees.
Where the employee concerned is not eligible for
retirement, he shall be entitled to a gratuity from the
national government or the local government unit
concerned, as the case may be, equivalent to an amount
not lower than one (1) month salary for every year of
service over and above the monetary value of the leave
credits said employee is entitled to receive pursuant to
existing laws.
Section 524. Inventory of Infrastructure and Other
Community Facilities.
(a) Each local government unit shall conduct a periodic
inventory of infrastructure and other community
facilities and undertake the maintenance, repair,
improvement, or reconstruction of these facilities
through a closer cooperation among the various agencies
of the national government operating within the
province, city, or municipality concerned.
(b) No infrastructure or community project within the
territorial jurisdiction of any local government unit shall
be undertaken without informing the local chief
executive and the sanggunian concerned.
Section 525. Records and Properties. - All records,
equipment, buildings, facilities, and other properties of
any office or body of a local government unit abolished or
reorganized under this Code shall be transferred to the
office or body to which its powers, functions, and
responsibilities are substantially devolved.
TITLE III TRANSITORY PROVISIONS
Section 526. Application of this Code to Local
Government Units in the Autonomous Regions. - This
Code shall apply to all provinces, cities, municipalities
and barangays in the autonomous regions until such
time as the regional government concerned shall have
enacted its own local government code.
Section 527. Prior Approval or Clearance on Regular and
Recurring Transactions. - Six (6) months after effectivity
of this Code, prior approval of or clearance from national
agencies or offices shall no longer be required for regular
and recurring transactions and activities of local
government units.
Section 528. Deconcentration of Requisite Authority and
Power. - The national government shall, six (6) months
after the effectivity of this Code, effect the
deconcentration of requisite authority and power to the
appropriate regional offices or field offices of national
agencies or offices whose major functions are not
devolved to local government units.
Section 529. Tax Ordinances or Revenue Measures. - All
existing tax ordinances or revenue measures of local
government units shall continue to be in force and effect
after the effectivity of this Code unless amended by the
sanggunian concerned, or inconsistent with, or in
violation of, the provisions of this Code.
Section 530. Local Water Districts. - All powers, functions,
and attributes granted by Presidential Decree Numbered
One hundred ninety-eight (P.D. No. 198), otherwise known
as "The Provincial Water Utility Act of 1973," to the Local
Water Utilities Administration (LWUA) may be devolved in
toto to the existing local water districts should they opt or
choose to exercise, in writing, such powers, functions and
attributes: Provided, That all obligations of the local
government unit concerned to the LWUA shall first be
settled prior to said devolution.
Section 531. Debt Relief for Local Government Units. -
(a) Unremitted national collections and statutory
contributions. - All debts owed by local government units
to the national government in unremitted contributions
to the Integrated National Police Fund, the Special
Education Fund, and other statutory contributions as
well as in unremitted national government shares of
taxes, charges, and fees collected by the local
government units, are hereby written off in full.
(b) Program loans. -
(1) Program loans secured by local government units
which were relent to private persons, natural or juridical,
shall likewise be written off from the books of the local
government units concerned: Provided, however, That
the national government agency tasked with the
implementation of these programs shall continue to
collect from the debtors belonging to the private sector
concerned.
(2) Program loans granted to local government units by
national government agencies and which were utilized
by the local units for community development, livelihood,
and other small-scale projects are hereby written off in
full.
(c) Settlement of debts due to government financing
institutions (GFIs), government-owned and controlled
corporations (GOCCs), and private utilities. The national
government shall assume all debts incurred or
contracted by local government units from GFIs, GOCCs,
and private utilities that are outstanding as of December
31, 1988, in accordance with the following schemes:
(1) Debts due GFIs. - The national government may buy
outstanding obligations incurred by local government
units from government financing institutions at a
discounted rate.
(2) Debts due GOCCs. - The national government may
settle such obligations at discounted rate through
offsetting, only to the extent of the obligations of local
governments against the outstanding advances made by
the National Treasury in behalf of the government-
owned and controlled corporations concerned.
(3) Debts Due Private Utilities. - The national government
may settle these obligations at a discounted rate by
offsetting against the outstanding obligations of such
private utilities to government-owned corporation.
GOCCs may in turn offset these obligations against the
outstanding advances made by the National Treasury in
their behalf.
In the case of obligation owed by local government units
to private utilities which are not indebted to any GOCC
or national government agency, the national
government may instead buy the obligations of the local
government units from the private utilities at a
discounted rate, upon concurrence by the private
utilities concerned.
(d) Limitations. - Obligations to the Home Development
and Mutual Fund (Pag-ibig), Medicare, and those
pertaining to premium contributions and amortization
payments of salary and policy loans to the Government
Service Insurance System are excluded from the
coverage of this Section.
(e) Recovery schemes for the national government. -
Local government units shall pay back the national
government whatever amounts were advanced or offset
by the national government to settle their obligations to
GFIs, GOCCs, and private utilities. The national
government shall not charge interest or penalties on the
outstanding balance owed by the local government
units. These outstanding obligations shall be
restructured and an amortization schedule prepared,
based on the capability of the local government unit to
pay, taking into consideration the amount owed to the
national government.
The national government is hereby authorized to deduct
from the quarterly share of each local government unit in
the internal revenue collections an amount to be
determined on the basis of the amortization schedule of
the local unit concerned: Provided, That such amount
shall not exceed five percent (5%) of the monthly internal
revenue allotment of the local government unit
concerned.
As incentive to debtor-local government units to increase
the efficiency of their fiscal administration, the national
government shall write off the debt of the local
government unit concerned at the rate of five percent
(5%) for every one percent (1%) increase in revenues
generated by such local government unit over that of the
preceding year. For this purpose, the annual increase in
local revenue collection shall be computed starting from
the year 1988.
(f) Appropriations. - Such amount as may be necessary to
implement the provisions of this Section shall be
included in the annual General Appropriations Act.
Section 532. Elections for the Sangguniang Kabataan. -
(a) The first elections for the sangguniang kabataan to be
conducted under this Code shall be held thirty (30) days
after the next local elections: Provided, That, the regular
elections for the sangguniang kabataan shall be held one
hundred twenty (120) days after the barangay elections
thereafter.
(b) The amount pertaining to the ten percent (10%)
allocation for the kabataang barangay as provided for in
Section 103 of Batas Pambansa Blg. 337 is hereby
reappropriated for the purpose of funding the first
elections mentioned above. The balance of said funds, if
there by any after the said elections, shall be
administered by the Presidential Council for Youth Affairs
for the purpose of training the newly elected
sangguniang kabataan officials in the discharge of their
functions.
(c) For the regular elections of the sangguniang
kabataan, funds shall be taken from the ten percent (10%)
of the barangay funds reserved for the sangguniang
kabataan, as provided for in Section 328 of this Code.
(d) All seats reserved for the pederasyon ng mga
sangguniang kabataan in the different sanggunians shall
be deemed vacant until such time that the sangguniang
kabataan chairmen shall have been elected and the
respective pederasyon presidents have been selected:
No. 231 as amended; Presidential Decree No. 436 as
Provided, That, elections for the kabataang barangay
amended by Presidential Decree No. 558; and Presidential
conducted under Batas Pambansa Blg. 337 at any time
Decree Nos. 381, 436, 464, 477, 526, 632, 752, and 1136 are
between January 1, 1988 and January 1, 1992 shall be
hereby repealed and rendered of no force and effect.
considered as the first elections provided for in this
(d) Presidential Decree No. 1594 is hereby repealed insofar
Code. The term of office of the kabataang barangay
as it governs locally-funded projects.
officials elected within the said period shall be extended
(e) The following provisions are hereby repealed or
correspondingly to coincide with the term of office of
amended insofar as they are inconsistent with the
those elected under this Code.
provisions of this Code: Sections 2, 16 and 29 of
Section 533. Formulation of Implementing Rules and
Presidential Decree No. 704; Section 12 of Presidential
Regulations. -
Decree No. 87, as amended; Section 52, 53, 66, 67, 68, 69,
(a) Within one (1) month after the approval of this Code,
70, 71, 72, 73, and 74 of Presidential Decree No. 463, as
the President shall convene the Oversight shall
amended; and Section 16 of Presidential Decree No. 972,
formulate and issue the appropriate rules and
as amended, and
regulations necessary for the efficient and effective
(f) All general and special laws, acts, city charters, decrees,
implementation of any and all provisions of this Code,
executive orders, proclamations and administrative
thereby ensuring compliance with the principles of local
regulations, or part or parts thereof which are
autonomy as defined under the Constitution.
inconsistent with any of the provisions of this Code are
(b) The Committee shall be composed of the following:
hereby repealed or modified accordingly.
(1) The Executive Secretary, who shall be the Chairman;
Section 535. Separability Clause. - If, for any reason or
(2) Three (3) members of the Senate to be appointed by
reasons, any part or provision of this Code shall be held
the President of the Senate, to include the Chairman of
to be unconstitutional or invalid, other parts or
the Committee on Local Government;
provisions hereof which are not affected thereby shall
(3) Three (3) members of the House of Representatives
continue to be in full force and effect.
to be appointed by the Speaker, to include the Chairman
Section 536. Effectivity Clause. - This Code shall take
of the Committee on Local Government;
effect on January first, nineteen hundred ninety-two,
(4) The Cabinet, represented by the following:
unless otherwise provided herein, after its complete
(i) Secretary of the Interior and Local Government;
publication in at least one (1) newspaper of general
(ii) Secretary of Finance;
circulation.
(iii) Secretary of Budget and Management; and
Approved: October 10, 1991
(5) One (1) representative from each of the following:
(i) The League of Provinces;
(ii) The League of Cities; RA No 6975 | Department of Interior
(iii) The League of Municipalities; and
(iv) The Liga ng mga Barangay. and Local Government Act of 1990
(c) The Committee shall submit its report and
recommendation to the President within two (2) months
December 13, 1990
after its organization. If the President fails to act within
AN ACT ESTABLISHING THE PHILIPPINE NATIONAL
thirty (30) days from receipt thereof, the
POLICE UNDER A REORGANIZED DEPARTMENT OF
recommendation of the Oversight Committee shall be
THE INTERIOR AND LOCAL GOVERNMENT, AND FOR
deemed approved. Thereafter, the Committee shall
OTHER PURPOSES
supervise the transfer of such powers and functions
Be it enacted by the Senate and House of
mandated under this Code to the local government units,
Representatives of the Philippines in Congress
together with the corresponding personnel, properties,
assembled:
assets and liabilities of the offices or agencies concerned,
with the least possible disruptions to existing programs
and projects. The Committee shall likewise recommend Rules and Regulations Implementing the DILG Act
the corresponding appropriations necessary to effect the
said transfer.
For this purpose, the services of a technical staff shall be Section 1. Title of the Act. – This Act shall be known as
enlisted from among the qualified employees of the "Department of the Interior and Local Government
Congress, the government offices, and the leagues Act of 1990."
constituting the Committee. Section 2. Declaration of Policy. – It is hereby declared
(d) The funding requirements and the secretariat of the to be the policy of the State to promote peace and
Committee shall be provided by the Office of the order, ensure public safety and further strengthen local
Executive Secretary. government capability aimed towards the effective
(e) The sum of Five million pesos (P5,000,000), which delivery of the basic services to the citizenry through the
shall be charged against the Contingent Fund, is hereby establishment of a highly efficient and competent police
allotted to the Committee to fund the undertaking of an force that is national in scope and civilian in character.
information campaign on this Code. The Committee shall Towards this end, the State shall bolster a system of
formulate the guidelines governing the conduct of said coordination and cooperation among the citizenry, local
campaign, and shall determine the national agencies or executives and the integrated law enforcement and
offices to be involved for this purpose. public safety agencies created under this Act.
The police force shall be organized, trained and equipped
primarily for the performance of police functions. Its
TITLE IV FINAL PROVISIONS national scope and civilian character shall be paramount.
No element of the police force shall be military nor shall
Section 534. Repealing Clause. -
any position thereof be occupied by active members of the
(a) Batas Pambansa Blg. 337, otherwise known as the Armed Forces of the Philippines.
Local Government Code, Executive Order No. 112 (1987),
Section 3. Promulgation of Comprehensive Policies by
and Executive Order No. 319 (1988) are hereby repealed.
Congress. – Subject to the limitations provided in the
(b) Presidential Decree Nos. 684, 1191, 1508 and such Constitution, the President shall recommend to Congress
other decrees, orders, instructions, memoranda and
the promulgation of policies on public order and safety to
issuances related to or concerning the barangay are
protect the citizenry from all forms of lawlessness,
hereby repealed.
criminality and other threats to peace and order.
(c) The provisions of Sections 2, 3, and 4 of Republic Act
No. 1939 regarding hospital fund; Section 3, a (3) and b (2)
of Republic Act No. 5447 regarding the Special Education
Fund; Presidential Decree No. 144 as amended by
Presidential Decree Nos. 559 and 1741; Presidential Decree

CHAPTER I THE DEPARTMENT OF
THE INTERIOR AND LOCAL
GOVERNMENT
Section 4. The Department of the Interior and Local
Government. – To carry out the policies and purposes of
this Act, the Department of Local Government is hereby
reorganized into the Department of the Interior and
Local Government, hereinafter referred to as the
Department, in accordance with the provisions of this
Act.
Section 5. Powers and Functions of the Department. –
In furtherance of the objectives of this Act, the
Department shall continue to exercise the powers and
functions of the Department of Local Government in
addition to the powers and functions as herein provided.
Section 6. Organization. – The Department shall consist
of the Department Proper, the existing bureaus and
offices of the Department of Local Government, the
National Police Commission, the Philippine Public Safety
College, and the following bureaus: the Philippine
National Police, the Bureau of Fire Protection, and the
Bureau of Jail Management and Penology.
Section 7. Department Proper. – The Department
Proper shall consist of the existing staff services as
provided for under Executive Order No. 262 and the
following offices:
(a) Office of the Secretary. – The office of the
Secretary shall consist of the Secretary and his immediate
staff; and
(b) Office of the Undersecretaries and Assistant
Secretaries. – The Secretary shall be assisted by two (2)
Undersecretaries, one (1) for local government and the
other for peace and order, at least one (1) of whom must
belong to the career executive service, and three (3)
career Assistant Secretaries.
Section 8. Head of Department. – The head of the
Department. – The head of the Department, hereinafter
referred to as the Secretary, shall also be the ex-officio
Chairman of the National Police Commission and shall be
appointed by the President subject to confirmation of the
Commission on Appointments. No retired or resigned
military officer or police official may be appointed as
Secretary within one (1) year from the date of his
retirement or resignation.
Section 9. General Powers, Term of Office and
Compensation of the Secretary. – The authority and
responsibility for the exercise of the Department's powers
and functions shall be vested in the Secretary, who shall
hold office at the pleasure of the President and shall
receive the compensation, allowances and other
emoluments to which heads of departments are entitled.
Section 10. Specific Powers and Functions of the
Secretary. – In addition to his powers and functions as
provided in Executive Order No. 262, the Secretary as
Department head shall have the following powers and
functions:
(a) Prepare and submit periodic reports, including a
Quarterly Anti-Crime Operations Report and such other
reports as the President and Congress may require;
(b) Act as Chairman and Presiding Officer of the
National Police Commission; and
(c) Delegate authority to exercise any substantive or
administrative function to the members of the National
Police Commission or other officers of rank within the
Department.
Section 11. Regional Offices. – The Department shall
establish, operate and maintain a regional office in each
of the administrative regions of the country to implement
the policies and programs of the Department. Each
regional office shall be headed by a regional director to
be assisted by two (2) assistant regional directors: one (1)
for jail management and penology and another for fire
protection in addition to the present assistant regional
directors of the Department of Local Government.
Section 12. Relationship of the Department with the
Department of National Defense. – During a period of
twenty-four (24) months from the effectivity of this Act,
the Armed Forces of the Philippines (AFP) shall continue
© Compiled by RGL
its present role of preserving the internal and external
security of the State: Provided, That said period may be
extended by the President, if he finds it justifiable, for
another period not exceeding twenty-four (24) months,
after which, the Department shall automatically take
over from the AFP the primary role of preserving
internal security, leaving to the AFP its primary role of
preserving external security. However, even after the
Department has assumed primary responsibility on
matters affecting internal security, including the
suppression of insurgency, and there are serious threats
to national security and public order, such as where
insurgents have gained considerable foothold in the
community thereby necessitating the employment of
bigger tactical forces and the utilization of higher caliber
armaments and better armored vehicles, the President
may, upon recommendation of the peace and order
council, call upon the Armed Forces of the Philippines to
assume the primary role and the Philippine National
Police (PNP) to play the supportive role in the area
concerned.
In times of national emergency, all elements of the PNP,
the Bureau of Fire Protection, and the Bureau of Jail
Management and Penology shall, upon direction of the
President, assist the Armed Forces of the Philippines in
meeting the national emergency.
The complementary relationship between the
Department of the Interior and Local Government and
the Department of National Defense in any of the
preceding eventualities shall be jointly prescribed by
their respective Secretaries in a memorandum of
agreement that shall thereafter be published and
implemented.
CHAPTER II THE NATIONAL
POLICE COMMISSION
Section 13. Creation and Composition. – A National
Police Commission, hereinafter referred to as the
Commission, is hereby created for the purpose of
effectively discharging the functions prescribed in the
Constitution and provided in this Act. The Commission
shall be a collegial body within the Department. It shall
be composed of a Chairman and four (4) regular
commissioners, one (1) of whom shall be designated as
Vice-Chairman by the President. The Secretary of the
Department shall be the ex-officio Chairman of the
Commission, while the Vice-Chairman shall act as the
executive officer of the Commission.
Section 14. Powers and Functions of the Commission. –
The Commission shall exercise the following powers and
functions:
(a) Exercise administrative control over the
Philippine National Police;
(b) Advise the President on all matters involving
police functions and administration;
(c) Foster and develop policies and promulgate rules
and regulations, standards and procedures to improve
police services based on sound professional concepts
and principles;
(d) Examine and audit, and thereafter establish the
standards for such purposes on a continuing basis, the
performance, activities, and facilities of all police agencies
throughout the country;
(e) Prepare a police manual prescribing rules and
regulations for efficient organization, administration, and
operation, including recruitment, selection, promotion and
retirement;
(f) Establish a system of uniform crime reporting;
(g) Conduct surveys and compile statistical data for
the proper evaluation of the efficiency and effectiveness
of all police units in the country;
(h) Render to the President and to Congress an
annual report on its activities and accomplishments
during the thirty (30) days after the end of the calendar
year, which shall include an appraisal of the conditions
obtaining in the organization and administration of
police agencies in the municipalities, cities and provinces
throughout the country, and recommendations for
appropriate remedial legislation;
130 of 188
(i) Approve or modify plans and programs on
evaluation and monitoring of the Commission's
education and training, logistical requirements,
programs, projects and internal operations; and shall
communications, records, information systems, crime
conduct thorough research and analysis on social and
laboratory, crime prevention and crime reporting;
economic conditions affecting peace and order in the
(j) Affirm, reverse or modify, through the National
country;
Appellate Board, personnel disciplinary actions involving
(2) The Legal Affairs Service, which shall provide the
demotion or dismissal from the service imposed upon
Commission with efficient and effective service as legal
members of the Philippine National Police by the Chief of
counsel of the Commission; draft or study contracts
the Philippine National Police;
affecting the Commission and submit appropriate
(k) Exercise appellate jurisdiction through the
recommendations pertaining thereto; and render legal
regional appellate boards over administrative cases
opinions arising from the administration and operation
against policemen and over decisions on claims for
of the Philippine National Police and the Commission;
police benefits;
(3) The Crime Prevention and Coordination Service,
(l) Recommend to the President, through the
which shall undertake criminological researches and
Secretary, within sixty (60) days before the
studies; formulate a national crime prevention plan;
commencement of each calendar year, a crime
develop a crime prevention and information program
prevention;
and provide editorial direction for all criminology
(m) Prescribe minimum standards for arms,
research and crime prevention publications;
equipment, and uniforms and, after consultation with the
(4) The Administrative Service, which shall provide
Philippine Heraldy Commission, for insignia of ranks,
the Commission with assistance on budgetary and
awards and medals of honor;
financial matters; provide the necessary services relating
(n) Issue subpoena and subpoena duces tecum in
to records, correspondence, supplies, property and
matters pertaining to the discharge of its own powers
equipment, security and general services, and the
and duties, and designate who among its personnel can
maintenance and utilization of facilities; and provide
issue such processes and administer oaths in connection
services relating to manpower, career planning and
therewith; and
development, personnel transactions and employee
(o) Perform such other functions necessary to carry
welfare;
out the provisions of this Act and as the President may
(5) The Inspection and Monitoring Service, which
direct.
shall conduct continuous inspection and management
Section 15. Qualifications. – No person shall be
audit of personnel, facilities and operations at all levels
appointed regular member of the Commission unless:
of command of the PNP and shall monitor the
(a) He is at least thirty-five (35) years of age;
implementation of the Commission's programs and
(b) A member of the Philippine Bar or a holder of a
projects relative to law enforcement; and
master's degree in public administration, business
(6) The Installations and Logistics Service, which
administration, management, sociology, criminology, law
shall review the Commission's plans and programs and
enforcement, national security administration, defense
formulate policies and procedures regarding acquisition,
studies, and other related discipline; and
inventory, control, distribution, maintenance and
(c) Has had experience in law enforcement work for
disposal of supplies and shall oversee the
at least five (5) years .
implementation of programs on transportation facilities
Section 16. Term of Office. – The four (4) regular and
and installations and the procurement and maintenance
full-time Commissioners shall be appointed by the
of supplies and equipment.
President upon the recommendation of the Secretary.
(c) Disciplinary Appellate Boards. – The Commission
Of the first four (4) commissioners to be appointed, two
shall establish a formal administrative disciplinary
(2) commissioners shall serve for six (6) years and the
appellate machinery consisting of the National Appellate
two (2) other commissioners for four (4) years. All
Board and the regional appellate boards.
subsequent appointments shall be for a period of six (6)
The National Appellate Board shall decide cases on
years each, without reappointment or extension.
appeal from decisions rendered by the PNP chief, while
Section 17. Temporary or Permanent Incapacity of the
the regional appellate boards shall decide cases on
Chairman. – In case of absence due to temporary or
appeal from decisions rendered by officers other than
permanent incapacity of the Chairman, the President
the PNP chief, the mayor, and the People Law
shall designate an Acting Chairman. In case of death or
Enforcement Board (PLEB) created hereunder.
permanent incapacity or disqualification of the
Section 21. Regional Offices. – The Commission shall
Chairman, the Acting Chairman shall also act as such
establish, operate and maintain regional offices headed
until a new Chairman shall have been appointed and
by regional directors who shall implement the policies
qualified.
and programs of the Commission in their respective
Section 18. Removal from Office. – The members of the
regions. For administrative purposes, the regional offices
Commission may be removed from office for cause. All
of the Commission shall be attached to the general
vacancies in the Commission, except through expiration
offices of the Department.
of term, shall be filled up for the unexpired term only:
Subject to the standards that shall be prescribed by the
Provided, That any person who shall be appointed in this
Commission, the regional offices shall likewise perform
case shall be eligible for regular appointment for another
the functions of adjudication of benefit claims.
full term.
Section 22. Qualifications of Regional Directors. – No
Section 19. Prohibitions. – The Chairman and members
person shall be appointed regional director unless:
of the Commission shall not engage in the practice of
(a) He is at least thirty (30) years of age;
any profession, or intervene, directly or indirectly, in the
(b) A holder of a baccalaureate degree and
management and control of any private enterprise. They
appropriate civil service eligibility; and
shall not, directly or indirectly, have any financial or
(c) Has at least five (5) years experience in the field of
material interest in any transaction requiring the
law enforcement, criminology or police administration.
approval of their office.
Section 20. Organizational Structure. – The Commission
shall consist of the following units: CHAPTER III
(a) Commission Proper. – This is composed of the
offices of the Chairman and the four (4) commissioners.
(b) Staff Services. – The staff services of the A. THE PHILIPPINE NATIONAL POLICE
Commission shall be as follows: ORGANIZATION
(1) The planning and Research Service, which shall
provide technical services to the Commission in areas of Section 23. Composition. – Subject to the limitations
overall policy formulation, strategic and operational provided for in this Act, the Philippine National Police,
planning, management systems or procedures, hereinafter referred to as the PNP, is hereby established,
initially consisting of the members of the police forces
who were integrated into the Integrated National Police
(INP) pursuant to Presidential Decree No. 765, and the
officers and enlisted personnel of the Philippine
Constabulary (PC). For purposes of this Act, the officers
and enlisted personnel of the PC shall include those
assigned with the Narcotics Command (NARCOM) or the
Criminal Investigation Service (CIS); and those of the
technical services of the AFP assigned with the PC and
the civilian operatives of the CIS. The regular operatives
of the abolished NAPOLCOM Inspection, Investigation
and Intelligence Branch may also be absorbed by the
PNP. In addition, a PC officer or enlisted personnel may
transfer to any of the branches or services of the Armed
Forces of the Philippines in accordance with the
provisions of Section 85 of this Act.
In order to be qualified for transfer to the PNP units in
Metropolitan Manila and in highly urbanized cities, an
individual must have completed not less than second
year collegiate work or its equivalent in training of
seventy-two (72) collegiate units.
Anyone who has any pending administrative or criminal
case or has been adjudged liable or convicted of any
crime pending appeal shall be allowed to join the PNP
provisionally without prejudice to final judgment by a
body of competent jurisdiction.
The permanent civilian employees of the present PC, INP,
Narcotics Command, CIS, and the technical services of
the AFP assigned with the PC, including NAPOLCOM
hearing officers holding regular items as such, shall be
absorbed by the Department as employees thereof,
subject to existing laws and regulations.
Section 24. Powers and Functions. – The PNP shall have
the following powers and functions:
(a) Enforce all laws and ordinances relative to the
protection of lives and properties;
(b) Maintain peace and order and take all necessary
steps to ensure public safety;
(c) Investigate and prevent crimes, effect the arrest
of criminal offenders, bring offenders to justice and assist
in their prosecution;
(d) Exercise the general powers to make arrest,
search and seizure in accordance with the Constitution
and pertinent laws;
(e) Detain an arrested person for a period not
beyond what is prescribed by law, informing the person
so detained of all his rights under the Constitution;
(f) Issue licenses for the possession of firearms and
explosives in accordance with law;
(g) Supervise and control the training and
operations of security agencies and issue licenses to
operate security agencies, and to security guards and
private detectives, for the practice of their professions;
and
(h) Perform such other duties and exercise all other
functions as may be provided by law.
In addition, the PNP shall absorb the office of the
National Action Committee on Anti-Hijacking (NACAH) of
the Department of National Defense, all the functions of
the present Philippine Air Force Security Command
(PAFSECOM), as well as the police functions of the Coast
Guard. In order to perform its powers and functions
efficiently and effectively, the PNP shall be provided with
adequate land, sea, and air capabilities and all necessary
material means of resources.
Section 25. Organization. – The PNP shall be headed by
a Chief who shall be assisted by two (2) deputy chief,
one
(1) for operations and one (1) for administration, both of
whom shall be appointed by the President upon
recommendation of the Commission from among the
most senior and qualified officers in the service:
Provided, however, That in no case shall any officer who
has retired or is retirable within six (6) months from his
compulsory retirement age be appointed as Chief of the
PNP. The PNP shall be composed of a national office,
regional offices, provincial offices, district offices, city or
municipal stations.
At the national level, the PNP shall maintain its office in
Metropolitan Manila which shall house the directorial
staff, service staff and special support units.
At the regional level, the PNP shall have regional offices,
including that of the National Capital Region, which may
be divided into two (2) separate regions without prejudice
to the pertinent provisions of the Organic Act for the
Autonomous Regions of the Cordilleras and Muslim
Mindanao relative to the creation of a regional police
force in the area of autonomy. Each of these regional
offices shall be headed by a regional director for peace
and order.
At the provincial level, there shall be a PNP office, each
headed by a provincial director. In the case of large
provinces, police districts may be established by the
Commission to be headed by a district director.
At the city or municipal level, there shall be a PNP
station, each headed by a chief of police.
The Chief of the PNP shall, within sixty (60) days from
the effectivity of this Act and in accordance with the
broad guidelines set forth herein, recommend the
organizational structure and staffing pattern of the PNP
to the Commission.
Section 26. Powers, Functions and term of Office of the
PNP Chief . – The command and direction of the PNP
shall be vested in the Chief of the PNP who shall have the
power to direct and control tactical as well as strategic
movements, deployment, placement, utilization of the
PNP or any of its units and personnel, including its
equipment, facilities and other resources. Such command
and direction of the Chief of the PNP may be delegated
to subordinate officials with the respect to the units
under their respective commands, in accordance with the
rules and regulation prescribed by the Commission. The
Chief of the PNP shall also have the power to issue
detailed implementing policies and instructions
regarding personnel, funds, properties, records,
correspondence and such other matters as may be
necessary to effectivity carry out the functions, powers
and duties of the Bureau. The Chief of the PNP shall be
appointed by the President from among the senior
officers down to the rank of chief superintendent, subject
to confirmation by the Commission on Appointments:
Provided, That the Chief of the PNP shall serve a term of
office not to exceed four (4) years: Provided, further, That
in times of war or other national emergency declared by
Congress, the President may extend such term of office.
Section 27. Manning Levels. – On the average
nationwide, the manning levels of the PNP shall be
approximately in accordance with a police-to-population
ratio of one (1) policeman for every five hundred (500)
persons. The actual strength by cities and municipalities
shall depend on the state of peace and order, population
density and actual demands of the service in the
particular area: Provided, That the minimum
police-to-population ratio shall not be less than one (1)
policeman for every one thousand (1,000) persons:
Provided, further, That urban areas shall have a higher
minimum police-to-population ratio as may be
prescribed by regulations.
Section 28. Rank Classification. – For purposes of
efficient administration, supervision and control, the rank
classification of the members of the PNP shall be as
follows:
Director General
Deputy Director General
Director
Chief Superintendent
Senior Superintendent
Superintendent
Chief Inspector
Senior Inspector
Inspector
Senior Police Officer IV
Senior Police Officer III
Senior Police Officer II
Senior Police Officer I
Police Officer III
Police Officer II
Police Officer I
Section 29. Key Positions. – The head of the PNP with
the rank director general shall have the position title of
Chief of the PNP. The second in command of the PNP
with the rank of deputy director general shall be the
Deputy Chief of the PNP for Administration. The third in
command with the rank also of deputy director general
shall be the Deputy Chief of the PNP for Operations.
At the national office, the head of the directorial staff with
the rank of deputy director general shall be known as
Chief of the Directorial Staff of the PNP.
The heads of the various staff divisions in the directorial
staff shall have the rank of director with the position title
of Director of the Directorial Staff of their respective
functional divisions. The head of the Inspectorate Division
with the rank of chief superintendent shall assume the
position title of Inspector General. The heads of the
administrative and operational support divisions shall
have the rank of chief superintendent.
The head of the NCR with the rank of director shall
assume the position title of NCR Director.
The heads of the regional offices with the rank of chief
superintendent shall assume the position title of
Regional Director.
The heads of the NCR district offices with the rank of
chief superintendent shall have the position title of
District Director.
The heads of provincial offices with the rank of senior
superintendent shall be known as Provincial Director.
The heads of the district offices with the rank of
superintendent shall have the position title of District
Director.
The heads of the municipality or city offices with the
rank of chief inspector shall be known as Chief of Police.
Section 30. General Qualifications for Appointment. –
No person shall be appointed as officer or member of the
PNP unless he possesses the following minimum
qualifications:
(a) A citizen of the Philippines;
(b) A person of good moral conduct;
(c) Of sound mind and body;
(d) Must possess a formal baccalaureate degree for
appointment as officer and must have finished at least
second year college or the equivalent of seventy-two
(72) collegiate units for appointment as non-officer or an
equivalent training or experience for those already in the
service upon the effectivity of this Act.
(e) Must be eligible in accordance with the
standards set by the Commission;
(f) Must not have been dishonorably discharged
from military employment or dismissed for cause from
any civilian position in the Government;
(g) Must not have been convicted be final judgment
of an offense or crime involving moral turpitude;
(h) Must be at least one meter and sixty-two
centimeters (1.62 m.) in height for male and one meter
and fifty-seven centimeters (1.57 m.) for female;
(i) Must weight not more or less than five kilograms
(5 kg.) of the standard weight corresponding to his or
her height, age, and sex; and
(j) For a new applicant, must not be less than
twenty-one (21) nor more than thirty (30) years of age.
Section 31. Appointment of PNP Officers and Members.
– The appointment of the officers and members of the
PNP shall be effected in the following manner:
(a) Police Officer I to Senior Police Officer IV . –
Appointed by the PNP regional director for regional
personnel or by the Chief of the PNP for the national
headquarters personnel and attested by the Civil Service
Commission.
(b) Inspector to Superintendent. – Appointed by the
Chief of the PNP, as recommended by their immediate
superiors, attested by the Civil Service Commission;
(c) Senior Superintendent to Deputy Director
General. – Appointed by the President upon
recommendation of the chief of the PNP, with proper
endorsement by the Chairman of the Civil Service
Commission and subject to confirmation by the
Commission on Appointments; and
(d) Director General. – Appointed by the President
from among the senior officers down to the rank of chief
superintendent in the service, subject to confirmation by
the Commission on Appointments: Provided, That the
Chief of the PNP shall serve a tour of duty not to exceed
four (4) years: Provided, further, That, in times of war or
other national emergency declared by Congress, the
President may extend such tour of duty.
Section 32. Examinations for Policemen. – The Civil
Service Commission shall administer the qualifying
entrance examinations for policemen on the basis of the
standards set by the NAPOLCOM.
Section 33. Lateral Entry of Officers into the PNP. – In
general, all original appointments of commissioned
officers in the PNP shall commence with the rank of
inspector, to include all those with highly technical
qualifications applying for the PNP technical services,
such as dentist, optometrists, nurses, engineers, and
graduates of forensic sciences. Doctors of medicine,
members of the Bar, and chaplains shall be appointed to
the rank of senior inspector in their particular technical
service. Graduates of the Philippine National Police
Academy (PNPA) shall be automatically appointed to the
initial rank of inspector. Licensed criminologists may be
appointed to the rank of inspector to fill up any vacancy
after promotions from the ranks are completed.
Section 34. Qualifications of Chief of City and
Municipal Police Stations. – No person may be
appointed chief of a city police station unless he holds a
bachelor's degree from a recognized institution of
learning or has served in the Philippine Constabulary or
in the police department of any city or municipality with
the rank of captain or its equivalent therein for at least
three
(3) years.
No person may be appointed chief of a municipal police
station unless he holds a bachelor's degree from a
recognized institution of learning or has served as officer
in the Philippine Constabulary or in the police
department of any city or municipality for at least two (2)
years with the rank lieutenant or its equivalent: Provided,
That a member of the Bar with at least five (5) years
experience in active law practice and who possesses the
general qualifications under Section 30 of this Act shall
be qualified for appointment as chief of a city or
municipal police station: Provided, further, That the chief
of police shall be appointed in accordance with the
provisions of Section 51, paragraph b), subparagraph (4) (i)
of this Act.
Section 35. Support Units. – The PNP shall be supported
by administrative and operational support units. The
administrative support units shall consist of the Crime
Laboratory, Logistic Unit, Communications Unit,
Computer Center, Finance Center and Civil Security Unit.
The operational support units shall be composed of the
Maritime Police Unit, Police Intelligence Unit, Police
Security Unit, Criminal Investigation Unit, Special Action
Force, Narcotics units, Aviation Security Unit, Traffic
Management Unit, the Medical and Dental Centers and
the Civil Relations Unit. To enhance police operational
efficiency and effectiveness, the Chief of the PNP may
constitute such other support units as may be necessary
subject to the approval of the Commission: Provided,
That no support unit headed by a chief superintendent
or a higher rank can be created unless provided by law.
(a) Administrative Support Units. – (1) Crime
Laboratory. There shall be established a central Crime
Laboratory to be headed by a Director with the rank of
chief superintendent, which shall provides scientific and
technical investigative aid and support to the PNP and
other government investigative agencies.
It shall also provide crime laboratory examination,
evaluation and identification of physical evidences
involved in crimes with primary emphasis on their
medical, chemical, biological and physical nature.
There shall be likewise be established regional and city
crime laboratories as may be necessary in all regions and
cities of the country.
(2) Logistic Unit. – Headed by a Director with the
rank of chief superintendent, the Logistics Unit shall be
responsible for the procurement, distributions and
management of all the logistical requirements of the
PNP including firearms and ammunition.
(3) Communications Unit. – Headed by a Director
with the rank of chief superintendent, the
Communications Unit shall be responsible for
establishing an effective police communications network.
(4) Computer Center. – Headed by a Director with
the rank of chief superintendent, the Computer Center
shall be responsible for the design, implementation and
maintenance of a database system for the PNP.
(5) Finance Center. – Headed by a Director with the
rank of chief superintendent, the Finance Center shall be
responsible for providing finance services to the PNP.
(6) Civil Security Unit. – Headed by a Director with
the rank of chief superintendent, the Civil Security Unit
shall provide administrative services and general
supervision over organization, business operation and
activities of all organized private detectives, watchmen,
security guard agencies and company guard houses.
The unit shall likewise supervise the licensing and
registration of firearms and explosives.
The approval applications for licenses to operate private
security agencies, as well as the issuance of licenses to
security guards and the licensing of firearms and
explosives, shall be decentralized to the PNP regional
offices.
(b) Operational Support Units. – (1) Maritime Police
Unit. Headed by a Director with the rank of chief
superintendent, the Maritime Police Unit shall perform all
police functions over Philippine territorial waters and
rivers.
(2) Police Intelligence Unit. – Headed by a Director
with the rank of chief superintendent, the Police
Intelligence Unit shall serve as the intelligence and
counterintelligence operating unit of the PNP.
(3) Police Security Unit. – Headed by a Director with
the rank of chief superintendent, Police Security Unit
shall provide security for government officials, visiting
dignitaries and private individuals authorized to be given
protection.
(4) Criminal Investigation Unit. – Headed by a
Director with the rank of chief superintendent, the
Criminal Investigation Unit shall undertake the
monitoring, investigation and prosecution of all crimes
involving economic sabotage, and other crimes of such
magnitude and extent as to indicate their commission by
highly placed or professional criminal syndicates and
organizations.
This unit shall likewise investigate all major cases
involving violations of the Revised Penal Code and
operate against organized crime groups, unless the
President assigns the case exclusively to the National
Bureau of Investigation (NBI).
(5) Special Action Force. – Headed by a Director with
the rank of chief superintendent, the Special Action
Force shall function as a mobile strike force or reaction
unit to augment regional, provincial, municipal and city
police forces for civil disturbance control,
counterinsurgency, hostage-taking rescue operations,
and other special operations.
(6) Narcotics Unit. – Headed by a Director with the
rank of chief superintendent, the Narcotics Unit shall
enforce all laws relative to the protection of the citizenry
against dangerous and other prohibited drugs and
substances.
(7) Aviation Security Unit. – Headed by a Director
with the rank of chief superintendent, the Aviation
Security Unit, in coordination with airport authorities,
shall secure all the country's airports against offensive and
terroristic acts that threaten civil aviation, exercise
operational control and supervision over all agencies
involved in airport security operation, and enforce all laws
and regulations relative to air travel protection and safety.
(8) Traffic Management Unit. – Headed by a Director
with the rank of chief superintendent, the Traffic
Management Unit shall enforce traffic laws and
regulations.
(9) Medical and Dental Centers. – Headed by a
Director with the rank of chief superintendent, the
Medical and Dental Centers shall be responsible for
providing medical and dental services for the PNP.
(10) Civil Relations Units. – Headed with a Director
with the rank of chief superintendent, the Civil Relations
Unit shall implement plans and programs that will
promote community and citizens' participation in the
maintenance of peace and order and public safety.
Section 36. Status of Members of the Philippine
National Police. – The members of the PNP shall be
considered employees of the National Government and
shall draw their salaries therefrom: Provided, That PNP
members assigned in Metropolitan Manila, chartered
cities and first class municipalities may be paid in additional
monthly allowance by the local government unit
concerned.
B. PROFESSIONALISM, WELFARE
AND BENEFITS
Section 37. Performance Evaluation System. – There
shall be established a performance evaluation system
which shall be administered in accordance with the
rules, regulations and standards, and a code of conduct
promulgated by the Commission for members of the
PNP. Such performance evaluation system be
administered in such a way as to foster the improvement
of individual efficiency and behavioral discipline as well
as the promotion of organizational effectiveness and
respect for the constitutional and human rights of
citizens, democratic principles and ideals and the
supremacy of civilian authority over the military.
The rating system as contemplated herein shall be based
on standards prescribed by the Commission and shall
consider results of annual physical, psychological and
neuropsychiatric examinations conducted on the PNP
officer or member concerned.
Section 38. Promotions. – (a) A member of the PNP shall
not be eligible for promotion to a higher position or rank
unless he has successfully passed the corresponding
promotional examination given by the Commission, or
the Bar or corresponding board examinations for
technical services and other professions, and has
satisfactorily completed an appropriate and accredited
course in the PNP or equivalent training institutions. In
addition, no member of the PNP shall eligible for
promotion unless he has been cleared by the People's
Law Enforcement Board (PLEB) of complaints proffered
against him, if any.
(b) Special promotion may be extended to any
member of the PNP for acts of conspicuous courage and
gallantry at the risk of his life above and beyond the call of
duty, or selected as such in a nationwide search
conducted by the PNP or any accredited civic
organization.
Section 39. Compulsory Retirement. – Compulsory
retirement, for officer and non-officer, shall be upon the
attainment of age fifty-six (56): Provided, That, in case of
any officer with the rank of chief superintendent, director
or deputy director general, the Commission may allow his
retention in the service for an unextendible period of one
(1) year.
Section 40. Optional Retirement. – Upon accumulation
of at least twenty (20) years of satisfactory active service,
an officer or non-officer, at his own request and with the
approval of the Commission, shall be retired from the
service and entitled to receive benefits provided by law.
C. ADMINISTRATIVE DISCIPLINARY
MACHINERY
Section 41. (a) Citizen's Complaints. – Any complaint by
an individual person against any member of the PNP
shall be brought before the following:
(1) Chiefs of police, where the offense is punishable by
withholding of privileges, restriction to specified limits,
suspension or forfeiture of salary, or any combination
thereof for a period not exceeding fifteen (15) days;
(2) Mayors of cities or municipalities, where the
offense is punishable by withholding of privileges,
restriction to specified limits, suspension or forfeiture of
salary, or any combination thereof, for a period of not less
sangguniang panlungsod/bayan in every city and
than sixteen (16) days but not exceeding thirty (30) days;
municipality such number of People's Law Enforcement
(3) People's Law Enforcement Board, as created
Boards (PLEBs) as may be necessary: Provided, That
under Section 43 hereof, where the offense is punishable
there shall be at least one (1) PLEB for every municipality
by withholding of privileges, restriction to specified limits,
and for each of the legislative districts in a city. The PLEB
suspension of forfeiture of salary, or any combination
shall have jurisdiction to hear and decide citizen's
thereof, for a period exceeding thirty (30) days; or by
complaints or cases filed before it against erring officers
dismissal.
and members of the PNP. There shall be at least one (1)
The Commission shall provide in its implementing rules
PLEB for every five hundred (500) city or municipal
and regulations a scale of penalties to be imposed upon
police personnel.
any member of the PNP under this section.
(b) Composition and Term of Office. – The PLEB shall
(b) Internal Discipline. – In dealing with minor
be composed of the following:
offenses involving internal discipline found to have been
(1) Any member of the sangguniang
committed by any regular member of their respective
panlungsod/bayan chosen by his respective sanggunian;
commands, the duly designated supervisors and
(2) Any barangay captain of the city or municipality
equivalent officers of the PNP shall, after due notice and
concerned chosen by the association of barangay
summary hearing, exercise disciplinary powers as
captains; and
follows:
(3) Three (3) other members who shall be chosen by
(1) Chiefs of police or equivalent supervisors may
the peace and order council from among the respected
summarily impose the administrative punishment of
members of the community known for their probity and
admonition or reprimand; restriction to specified limits;
integrity, one (1) of whom must be a member of the Bar
withholding of privileges; forfeiture of salary or
or, in the absence thereof, a college graduate, or the
suspension; or any of the combination of the foregoing:
principal of the central elementary school in the locality.
Provided; That, in all cases, the total period shall not
The Chairman of the PLEB shall be elected from among
exceed fifteen (15) days;
its members. The term of office of the members of the
(2) Provincial directors or equivalent supervisors may
PLEB shall be for a period of two (2) years from
summarily impose the administrative punishment of
assumption of office. Such member shall hold office until
admonition or reprimand; restriction to specified limits;
his successor shall have been chosen and qualified.
withholding of privileges; forfeiture of salary or
(c) Compensation – Membership in the PLEB is a
suspension; or any combination of the foregoing:
civic duty. However, PLEB members may be paid per
Provided, That, in all cases, the total period shall not
diem as may be determined by the city or municipal
exceed thirty (30) days;
council from city or municipal funds.
(3) Police regional directors or equivalent supervisors
(d) Procedure – (1) The PLEB, by a majority vote of
shall have the power to impose upon any member the
all its members and its Chairman shall determine
disciplinary punishment of dismissal from the service. He
whether or not the respondent officer or member of the
may also impose the administrative punishment of
PNP is guilty of the charge upon which the complaint is
admonition or reprimand; restriction to specified limits;
based.
withholding of privileges; suspension or forfeiture of
(2) Each case shall be decided within sixty (60) days
salary; demotion; or any combination of the foregoing:
from the time the case has been filed with the PLEB.
Provided, That, in all cases, the total period shall not
(3) The procedures in the PLEB shall be summary in
exceed sixty (60) days;
nature, conducted in accordance with due process, but
(4) The Chief of the PNP shall have the power to
without strict regard to technical rules of evidence.
impose the disciplinary punishment of dismissal from
(4) The Commission shall issue the necessary
the service; suspension or forfeiture of salary; or any
implementing guidelines and procedures to be adopted
combination thereof for a period not exceeding one
by the PLEB, including graduated penalties which may
hundred eighty (180) days.
be imposed by the PLEB.
(c) Exclusive Jurisdiction. – A complaint or a charge
(5) The Commission may assign the present
filed against a PNP member shall be heard and decided
NAPOLCOM hearing officers to act as legal consultants of
exclusively by the disciplining authority who has
the PLEBs and provide, whenever necessary, legal
acquired original jurisdiction over the case and
services, assistance and advise to the PLEBs in hearing
notwithstanding the existence of concurrent jurisdiction
and deciding cases against officers and members of the
as regards the offense: Provided, That offenses which
PNP, especially those involving difficult questions of law:
carry higher penalties referred to a disciplining authority
Provided, That these lawyers may also be assigned to
shall be referred to the appropriate authority which has
investigate claims for death and disability benefits of
jurisdiction over the offense.
PNP members or their heirs.
For purposes of this Act, a "minor offense" shall refer to an
(e) Decisions – The decision of the PLEB shall
act or omission not involving moral turpitude, but
become final and executory: Provided, That a decision
affecting the internal discipline of the PNP, and shall
involving demotion or dismissal from the service may be
include, but not limited to:
appealed by either party with the regional appellate
(1) Simple misconduct or negligence;
board within ten (10) days from receipt of the copy of
(2) Insubordination;
the decision.
(3) Frequent absences or tardiness;
Section 44. Disciplinary Appellate Boards. – The formal
(4) Habitual drunkenness; and
administrative disciplinary machinery for the PNP shall
(5) Gambling prohibited by law.
be the National Appellate Board and the regional
Section 42. Summary Dismissal Powers of the PNP
appellate boards.
Chief and Regional Directors. – The Chief of the PNP
The National Appellate Board shall consist of four (4)
and regional directors, after due notice and summary
divisions, each division composed of a Commissioner as
hearings, may immediately remove or dismiss any
Chairman and two (2) other members. The Board shall
respondent PNP member in any of the following cases:
consider appeals from decisions of the Chief of the PNP.
(a) When the charge is serious and the evidence of
The National Appellate Board may conduct its hearings
guilt is strong;
or sessions in Metropolitan Manila or any part of the
(b) When the respondent is a recidivist or has been
country as it may deem necessary.
repeatedly charged and there are reasonable grounds to
There shall be at least one (1) regional appellate board per
believe that he is guilty of the charges; and
administrative region in the country to be composed of a
(c) When the respondent is guilty of conduct
senior officer of the regional Commission as Chairman and
unbecoming of a police officer.
one (1) representative each from the PNP, and the regional
Section 43. People's Law Enforcement Board (PLEB). –
peace and order council as members. It shall consider
(a) Creation and Functions. – Within thirty (30) days from
appeals from decisions of the regional directors, other
the issuance of the implementing rules and regulations
officials, mayors, and the PLEBs: Provided, That the
by the Commission, there shall be created by the
Commission may create additional regional appellate
boards as the need arises.
Section 45. Finality of Disciplinary Action. – The
disciplinary action imposed upon a member of the PNP
shall be final and executory: Provided, That a disciplinary
action imposed by the regional director or by the PLEB
involving demotion or dismissal from the service may be
appealed to the regional appellate board within ten (10)
days from receipt of the copy of the notice of decision:
Provided, further, That the disciplinary action imposed
by the Chief of the PNP involving demotion or dismissal
may be appealed to the National Appellate Board
within ten
(10) days from receipt thereof: Provided, furthermore,
That the regional or National Appellate Board, as the case
may be, shall decide the appeal within sixty (60) days
from receipt of the notice of appeal: Provided, finally, That
failure of the regional appellate board to act on the
appeal within said period shall render the decision final
and executory without prejudice, however, to the filing of
an appeal by either party with the Secretary.
Section 46. Jurisdiction in Criminal Cases. – Any
provision of law to the contrary notwithstanding, criminal
cases involving PNP members shall within the exclusive
jurisdiction of the regular courts: Provided, That the courts-
martial appointed pursuant to Presidential Decree No.
1850 shall continue to try PC-INP members who have
already been arraigned, to include appropriate actions
thereon by the reviewing authorities pursuant to
Commonwealth Act No. 408, otherwise known as the
Articles of War, as amended, and Executive Order No. 178,
otherwise known as the Manual for Courts-Martial:
Provided, further, That criminal cases against PC-INP
members who may have not yet been arraigned upon
the effectivity of this Act shall be transferred to the proper
city or provincial prosecutor or municipal trial court judge.
Section 47. Preventive Suspension Pending Criminal
Case. – Upon the filing of a complaint or information
sufficient in form and substance against a member of the
PNP for grave felonies where the penalty imposed by law
is six (6) years and one (1) day or more, the court shall
immediately suspend the accused from office until the
case is terminated. Such case shall be subject to
continuous trial and shall be terminated within ninety
(90) days from arraignment of the accused.
Section 48. Entitlement to Reinstatement and Salary. –
A member of the PNP who may have been suspended
from office in accordance with the provisions of this Act
or who shall have been terminated or separated from
office shall, upon acquittal from the charges against him,
be entitled to reinstatement and to prompt payment of
salary, allowances and other benefits withheld from him
by reason of such suspension or termination.
Section 49. Legal Assistance. – The Secretary of the
Department of Justice, the Chairman of the Commission
or the Chief of the PNP may authorize lawyers of their
respective agencies to provide legal assistance to any
member of the PNP who is facing before the
prosecutor's office, the court or any competent body, a
charge or charges arising from any incident which is
related to the performance of his official duty: Provided,
That government lawyers so authorized shall have the
power to administer oaths. The Secretary of Justice, the
Chairman of the Commission, and the Chief of the PNP
shall jointly promulgate rules and regulations to
implement the provisions of this section.
Section 50. Power to Administer Oaths. – Officials of the
Commission who are appointed by the President, as well
as officers of the PNP from rank of inspector to senior
superintendent, shall have the power to administer oaths
on matters which are connected with the performance of
their official duties.
D. PARTICIPATION OF LOCAL EXECUTIVES IN
THE ADMINISTRATION OF THE PNP
Section 51. Powers of Local Government Officials Over
the PNP Units or Forces. – Governors and mayors shall
be deputized as representatives of the Commission in
their respective territorial jurisdiction. As such, the local
executives shall discharge the following functions:
(a) Provincial Governor – (1) Power to Choose the
Provincial Director. – The provincial governor shall choose
the provincial director from a list of three (3) eligible
recommended by the PNP regional director.
(2) Overseeing the Provincial Public Safety Plan
Implementation. – The governor, as chairman of the
provincial peace and order council, shall oversee the
implementation of the provincial public safety plan,
which is prepared taking into consideration the
integrated community safety plans, as provided under
paragraph (b) (2) of this section.
(b) City and Municipal Mayors – (1) Operational
Supervision and Control. The city and municipal mayors
shall exercise operational supervision and control over
PNP units in their respective jurisdiction except during
the thirty (30) day period immediately preceding and the
thirty (30) days following any national, local and
barangay elections. During the said period, the local
police forces shall be under the supervision and control
of the Commission on Elections.
The term "operational supervision and control" shall
mean the power to direct, superintend, oversee and
inspect the police units and forces.
It shall include the power to employ and deploy units or
elements of the PNP, through the station commander, to
ensure public safety and effective maintenance of peace
and order within the locality. For this purpose, the term
"employ" and "deploy" shall mean as follows:
"Employ" refers to utilization of units or elements of the
PNP for purposes of protection of lives and properties,
enforcement of laws, maintenance of peace and order,
prevention of crimes, arrest of criminal offenders and
bringing the offenders to justice, and ensuring public
safety, particularly in the suppression of disorders, riots,
lawless violence, rebellious seditious conspiracy,
insurgency, subversion or other related activities.
"Deploy" shall mean the orderly organized physical
movement of elements or units of the PNP within the
province, city or municipality for purposes of
employment as herein defined.
(2) Integrated Community Safety Plans. – The
municipal/city mayor shall, in coordination with the local
peace and order council of which he is the chairman
pursuant to Executive Order No. 309, as amended,
develop and establish an integrated area/community
public safety plan embracing priorities of action and
program thrusts for implementation by the local PNP
stations.
It shall, likewise, be the duty of the city or municipal
mayor to sponsor periodic seminars for members of the
PNP assigned or detailed in his city or municipality in
order to update them regarding local ordinances and
legislations.
(3) Administrative Disciplinary Powers. – In the areas
of discipline, city and municipal mayors shall have the
powers to impose, after due notice and summary
hearings, disciplinary penalties for minor offenses
committed by members of the PNP assigned to their
respective jurisdictions, as provided in Section 41 of this
Act.
(4) Other Powers. – In addition to the
aforementioned powers, city and municipal mayors shall
have the following authority over the PNP units in their
respective jurisdictions:
(i) Authority to choose the chief of police from a list
of five (5) eligibles recommended by the provincial police
director, preferably from the same province, city or
municipality.
(ii) Authority to recommend the transfer,
reassignment or detail of PNP members outside of their
respective city or town residences; and
(iii) Authority to recommend, from a list of eligibles
previously screened by the peace and order council, the
appointment of new members of the PNP to be assigned
to their respective cities or municipalities without which
no such appointment shall be attested.
Section 52. Suspension of Operational Supervision and
Control. – The President may, upon consultation with
the provincial governor and congressman concerned,
suspend the power of operational supervision and
control of any local executive over police units assigned
or stationed in his jurisdiction for any of the following
grounds:
(a) Frequent unauthorized absences;
(b) Abuse of authority;
(c) Providing material support to criminal elements;
or
(d) Engaging in acts inimical to national security or
which negate the effectiveness of the peace and order
campaign.
Upon good cause shown, the President may, motu
propio or upon the recommendation of the National
Police Commission, restore such power withdrawn from
any local executive.
CHAPTER IV BUREAU OF FIRE
PROTECTION
Section 53. Composition. – The Bureau of Fire Protection,
hereinafter referred to as the Fire Bureau, is hereby
created initially consisting of the existing officers and
uniformed members of the fire service of the Integrated
National Police as constituted under Presidential Decree
No. 765.
Section 54. Powers and Functions. – The Fire Bureau
shall be responsible for the prevention and suppression of
all destructive fires on buildings, houses and other
structures, forest, land transportation vehicles and
equipment, ships or vessels docked at piers or wharves or
anchored in major seaports, petroleum industry
installations, plane crashes and other similar incidents, as
well as the enforcement of the Fire Code and other
related laws.
The Fire Bureau shall have the power to investigate all
causes of fires and, if necessary, file the proper
complaints with the city or provincial prosecutor who has
jurisdiction over the case.
Section 55. Organization. – The Fire Bureau shall be
headed by a chief who shall be assisted by a deputy
chief. It shall be composed of provincial offices, district
offices and city or municipal stations.
At the provincial level, there shall be an office of the
provincial fire marshall which shall implement the
policies, plans and programs of the Department; and
monitor, evaluate and coordinate the operations and
activities of the fire service operating units at the city and
municipal levels. In the case of large provinces, district
offices may be established, to be headed by a district fire
marshall.
At the city or municipal level, there shall be a fire station,
each headed by a city or municipal fire marshall:
Provided, That, in the case of large cities and
municipalities, a district office with subordinate fire
stations headed by a district fire marshall may be
organized as necessary.
The Fire Chief shall recommended to the Secretary the
organizational structure and staffing pattern, as well as
the disciplinary machinery for officers and men of the
Bureau, in accordance with the guidelines set forth
herein and as provided in Section 85 of this Act.
The local government units at the city and municipal
levels shall be responsible for the fire protection and
various emergency services such as rescue and
evacuation of injured people at fire-related incidents and,
in general, all fire prevention and suppression measures
to secure the safety of life and property of the citizenry.
Section 56. Establishment of Fire Station. – There shall
be established at least one (1) fire station with adequate
personnel, firefighting facilities and equipment in every
provincial capital, city and municipality subject to the
standards, rules and regulations as may be promulgated
by the Department. The local government unit shall,
however, provide the necessary and or site of the
station.
Section 57. Qualification Standards. – The qualification
standards of the members of the Fire Bureau shall be as
prescribed by the Department based on the requirement
of the service.
Section 58. Rank Classification. – For purposes of
efficient administration, supervision and control, the rank
classification of the members of the Fire Bureau shall be
as follows:
Director
Chief Superintendent
Senior Superintendent
Superintendent
Chief Inspector
Senior Inspector
Inspector
Senior Fire Officer IV
Senior Fire Officer III
Senior Fire Officer II
Senior Fire Officer I
Fire Officer III
Fire Officer II
Fire Officer I
Section 59. Key Positions. – The head of the Fire Bureau
with the rank of director shall have the position title of
Chief of the Fire Bureau. He shall be assisted by a deputy
chief with the rank of chief superintendent.
The assistant heads of the Department's regional offices
with the rank of senior superintendent shall assume the
position title of Assistant Regional Director for Fire
Protection as provided in Section 11 of this Act; the
heads of the NCR district offices with the rank of senior
superintendent shall have the position title of District
Fire Marshall; the heads of the provincial offices with the
rank of superintendent shall be known as Provincial Fire
Marshall; the heads of the district offices with the rank
of chief inspector shall have the position title of District
Fire Marshall; and the heads of the municipal or city
stations with the rank of senior inspector shall be known
as Chief of Municipal/City Fire Station.
CHAPTER V BUREAU OF JAIL
MANAGEMENT AND PENOLOGY
Section 60. Composition. – The Bureau of Jail
Management and Penology, hereinafter referred to as
the Jail Bureau, is hereby created initially consisting of
officers and uniformed members of the Jail Management
and Penology Service as constituted under Presidential
Decree No. 765.
Section 61. Powers and Functions. – The Jail Bureau
shall exercise supervision and control over all city and
municipal jails. The provincial jails shall be supervised and
controlled by the provincial government within its
jurisdiction, whose expenses shall be subsidized by the
National Government for not more than three (3) years
after the effectivity of this Act.
Section 62. Organization. – The Jail Bureau shall be headed
by a Chief who shall be assisted by a deputy chief. The jail
Bureau shall composed of city and municipal jails, each
headed by a city or municipal jail warden: Provided, That,
in the case of large cities and municipalities, a district jail
with subordinate jails headed by a district jail warden may
be established as necessary.
The Chief of the Jail Bureau shall recommended to the
Secretary the organizational structure and staffing
pattern of the Bureau as well as the disciplinary
machinery for officers and men of the Bureau in
accordance with the guidelines set forth herein and as
prescribed in Section 85 of this Act.
Section 63. Establishment of District, City or Municipal
Jail. – There shall be established and maintained in every
district, city and municipality a secured, clean
adequately equipped and sanitary jail for the custody
and safekeeping of city and municipal prisoners, any
fugitive from justice, or person detained awaiting
investigation or trial and/or transfer to the national
penitentiary, and/or violent mentally ill person who
endangers himself or the safety of others, duly certified
as such by the proper
medical or health officer, pending the transfer to a
medical institution.
The municipal or city jail service shall preferably be
headed by a graduate of a four (4) year course in
psychology, psychiatry, sociology, nursing, social work or
criminology who shall assist in the immediate
rehabilitation of individuals or detention of prisoners.
Great care must be exercised so that the human rights of
this prisoners are respected and protected, and their
spiritual and physical well-being are properly and
promptly attended to.
Section 64. Rank Classification. – For purpose of
efficient administration, supervision and control, the rank
classification of the members of the Jail Bureau shall be
as follows:
Director
Chief Superintendent
Senior Superintendent
Superintendent
Chief Inspector
Senior Inspector
Inspector
Senior Jail Officer IV
Senior Jail Officer III
Senior Jail Officer II
Senior Jail Officer I
Jail Officer III
Jail Officer II
Jail Officer I
Section 65. Key Positions. – The head of the Jail Bureau
with the rank of director shall have the position title of
Chief of Jail Bureau. He shall be assisted by a deputy chief
with the rank of chief superintendent.
The assistant heads of the Department's regional offices
with the rank of senior superintendent shall assume the
position title of Assistant Regional Director of Jail
Management and Penology as provided by Section 12 of
this Act; the heads of district offices with the rank of chief
inspector shall have the position title of District Jail
Warden; and the heads of the city or municipal stations
with the rank of senior inspector shall be known as
City/Municipal Jail Warden.
CHAPTER VI THE PHILIPPINE PUBLIC
SAFETY COLLEGE
Section 66. Creation of the Philippine Public Safety
College. – There is hereby created the Philippine Public
Safety College (PPSC), which shall be the premier
educational institution for the training, human resource
development and continuing education of all personnel
of the PNP, Fire and Jail Bureaus.
Said College shall be under the direct supervision of a
Board of Trustees composed of the Secretary and the
three (3) bureau heads.
Section 67. Composition, Powers and Functions. – The
College shall consist of the present Philippine National
Police Academy (PNPA) established pursuant to Section
13 of Presidential Decree No. 1184, the Fire Service Training
Center, the Philippine National Training Center (PNTC),
the National Police College, and other special training
centers as may be created by the Department, whose
functions shall be as follows:
(a) Formulate and implement training programs for
the personnel of the Department;
(b) Establish and maintain adequate physical
training facilities;
(c) Develop and implement research and
development to support educational training programs;
(d) Conduct an assessment of the training needs of
all its clientele; and
(e) Perform such other related functions as may be
prescribed by the Secretary.
Section 68. Organization. – The structure and staffing
pattern of the College shall be prescribed by the
Secretary.
CHAPTER VII COMMON PROVISIONS FOR
UNIFORMED PERSONNEL
Section 69. Incentives and Awards. – There shall be
established an incentives and awards system which shall
be administered by a board under such rules, regulations
and standards as may be promulgated by the
Department: Provided, That equivalent awards shall be
given by the Department for every award duly given by
respectable civic organizations in a nationwide selection
for outstanding achievement and/or performance of any
member.
Section 70. Health and Welfare. – It shall be the concern
of the Department to provide leadership and assistance
in developing health and welfare programs for its
personnel.
The heads of all bureaus and other offices created under
this Act shall take all proper steps towards the creation
of an atmosphere conducive to a good
supervisor-subordinate relationship and the
improvement of personnel morale.
Section 71. Longevity Pay and Allowances. – Uniformed
personnel of the Department shall be entitled to a
longevity pay of ten percent (10%) of their basic monthly
salaries for every five (5) years of service, which shall be
reckoned from the date of the personnel's original
appointment in the AFP, or appointment in the police,
fire jail or other allied services to the integration of the
PC and the INP: Provided, That the totality of such
longevity pay shall not exceed fifty percent (50%) of the
basic pay. They shall also continue to enjoy the
subsistence allowance, quarters allowance, clothing
allowance cost of living allowance, hazard pay, and all
other allowances as provided by existing laws.
Section 72. Active Service. – For purposes of this Act,
active service of the uniformed personnel shall refer to
services rendered as an officer and non-officer, cadet,
trainee or draftee in the PNP, Fire or Jail Force or in the
municipal police prior to the integration of the PC-INP or
in the AFP, and services rendered as a civilian official or
employee in the Philippine Government prior to the date
of separation or retirement from the PNP, Fire or Jail
Force: Provided, That, for purposes of retirement he
shall have rendered at least ten (10) years of active
service as officer or non-officer in the AFP, and /or in the
INP and/or in the PNP, Fire or Jail Force: Provided,
further, That services rendered as cadet, probationary
officer, trainee or draftee in the AFP or as cadet or
trainee in the INP and PNP shall be credited for purposes
of longevity pay: Provided, finally, That, for cadet
services, the maximum number of service to be credited
shall not exceed the duration of the pre-commissionship
course specified in the curriculum.
Section 73. Permanent Physical Disability. – An officer
or non-officer who, having accumulated at least twenty
(20) years of active service, incurs total permanent
physical disability in line of duty shall be compulsorily
retired: Provided, That, if he has accumulated less than
twenty (20) years of active service, he shall be separated
from the service and be entitled to a separation pay
equivalent to one and one-fourth (11/4) months base pay
for every year of service, or a fraction thereof, and
longevity pay of the permanent grade he holds.
Section 74. Retirement in the Next Higher Grade. –
Uniformed personnel covered under this Act shall, for
purposes of retirement pay, be retired in one (1) grade
higher than the permanent grade last held: Provided,
That they have served for at least one (1) year of active
service in the permanent grade.
Section 75. Retirement Benefits. – Monthly retirement
pay shall be fifty percent (50%) of the base pay and
longevity pay of the retired grade in case of twenty (20)
years of active service, increasing by two and one-half
percent (2.5%) for every year of active service rendered
beyond twenty (20) years to a maximum of ninety percent
(90%) for thirty-six (36) years of active service and over.
Section 76. Death and Disability Benefits. – A
uniformed personnel and/or his heirs shall be entitled to
all benefits relative to the death or permanent incapacity
of said personnel, as provided for under this Act, and/or
other existing laws.
Section 77. Exemption from Attachment and Taxes. –
All benefits granted by this Act, including benefits
received from the Government Service Insurance System,
shall not be subject to attachment, levy, execution or any
tax of whatever nature.
Section 78. Uniformed Personnel Missing in Action. –
Any uniformed personnel who while in the performance
of duty or by reason of his being an officer or member of
the PNP, Fire or Jail Force, is officially confirmed missing
in action, kidnapped or captured by lawless elements
shall, while so absent, be entitled to receive or to have
credited to his account the same pay and allowances to
which such officer or uniformed member was entitled at
the time of the incident: Provided, That the compulsory
retirement of a person missing in action shall be
processed to allow the members of the next of kin to
enjoy the retirement benefits: Provided, further, That
should the Chief of the PNP, Fire or Jail Force, as the
same may be, upon the recommendation of the proper
authority and/or immediate supervisor, subsequently
determine that the officer or uniformed member
concerned have been absent from duty without
authority, such member or his heirs shall reimburse the
PNP, Fire or Jail Force all such amount and allowances
received by him in accordance with this section and the
following section.
Section 79. Payment of Salary and Allowances to the
Heirs of Uniformed Personnel. – In case any uniformed
personnel has been officially confirmed as missing in
action under any of the circumstances provided in the
preceding section, the Chief of the PNP, Fire or Jail
Force, as the case may be, shall direct payment of the
absent uniformed personnel's monthly salary and
allowances and other emoluments pertinent thereto
his/her heirs for their support for a maximum period of
one (1) year from the date of commencement of absent
or when last heard from as those kidnapped or captured
by lawless elements.
Section 80. Finding of Death and Termination of
Payment of Salary and Allowances. – Upon the
termination of the one (1) year period as specified in the
preceding section, the missing uniformed personnel shall
be automatically terminated. In the event said personnel
shall thereafter be found to have been alive and is not
entitled to the benefits paid under the preceding
sections of this Act, said benefits shall be reimbursed to
the State within six (6) months from the discovery of the
fact or his reappearance. However, if his continued
disappearance was fraudulent or made in bad faith he
shall, together with his co-conspirators, be prosecuted
according to law.
Section 81. Complaints and Grievances. – Uniformed
personnel shall have the right to present complaints and
grievances to their superiors or commanders and have
them heard and adjudicated as expeditiously as possible
in the best interest of the service, with due regard to due
process in every case. Such complaints or grievances shall
be resolved at the lowest possible level in the unit of
command and the respondent shall have the right to
appeal from an adverse decision to higher authorities.
Section 82. Prohibitions; Penalties. – As professional
police, fire and jail officers and members responsible for
the maintenance of peace and order and public safety,
the members and officers of the PNP, Fire or Jail Force
are hereby prohibited from engaging in strikes, rallies,
demonstrations and other similar concerted activities, or
performing other acts prejudicial to good order and
police discipline.
Any PNP, fire or Jail Force member found guilty by final
judgment of violating the provisions of the preceding
paragraph shall be dismissed from the service without
prejudice to whatever criminal or civil liability he may
have incurred in relation to such violations.
CHAPTER VIII TRANSITORY PROVISIONS
Section 83. Secretary of the Department of Local
Government on Holdover Capacity. – The incumbent
Secretary of the Department of Local Government shall
perform the functions of the Secretary of the Interior and
Local Government on holdover capacity until such time
when a new Secretary shall have been appointed by the
President and confirmed by the Commission on
Appointments.
Section 84. Special Oversight Committee. – A special Over-
sight Committee is hereby created, composed of the
Secretary as Chairman, the Secretary of Budget and
Management as Co-chairman, the Secretary of National
defense, the incumbent PC-INP Director General, the
incumbent Chairman of the Civil Service Commission, the
respective Chairmen of the Committee on Local
Government and the Committee on National Defense and
Security in the Senate, and the respective Chairmen of the
Committee on Public Order and Security and the
Committee on National Defense in the House of
Representatives, as members, which shall plan and
oversee the expeditious implementation of the transfer,
merger and/or absorption into the Department of the
personnel, property, appropriations and installations of
involved agencies.
Section 85. Phases of Implementation. – The
implementation of this Act shall be undertaken in three
(3) phases, to wit:
Phase I – Exercise of option by the uniformed members
of the Philippine Constabulary, the PC elements assigned
with the Narcotics Command, CIS, and the personnel of
the technical services of the AFP assigned with the PC to
include the regular CIS investigating agents and the
operatives and agents of the NAPOLCOM Inspection,
Investigation and Intelligence Branch, and the personnel
of the absorbed National Action Committee on Anti-
Hijacking (NACAH) of the Department of National
Defense to be completed within six (6) months from the
date of the effectivity of this Act. At the end of this
phase, all personnel from the INP, PC; AFP Technical
Services, NACAH and NAPOLCOM Inspection,
Investigation and Intelligence Branch shall have been
covered by official orders assigning them to the PNP, Fire
and Jail Forces by their respective units.
Phase II – Approval of the table of organization and
equipment of all bureaus and offices created under this
Act, preparation and filling up of their stalling pattern,
transfer of assets to the Department and organization of
the Commission, to be completed within twelve (12)
months from the effectivity date hereof. At the end of
this phase, all personnel to be absorbed by the
Department shall have been issued appointment papers,
and the organized Commission and the PNP shall be fully
operational.
The PC officers and enlisted personnel who have not
opted to join the PNP shall be reassigned to the Army,
Navy or Air Force, or shall be allowed to retire under
existing AFP rules and regulations. Any PC-INP officer or
enlisted personnel may, within the twelve-month period
from the effectivity of this Act, retire and be paid
retirement benefits corresponding to a position two (2)
ranks higher than his present grade, subject to the
conditions that at the time he applies for retirement, he
has rendered at least twenty (20) years of service and
still has, at most, twenty-four (24) months of service
remaining before the compulsory retirement age as
provided by existing law for his office.
Phase III – Adjustment of ranks and establishment of one
(1) lineal roster of officers and another for non-officers,
and the rationalization of compensation and retirement
systems; taking into consideration the existing
compensation schemes and retirement and separation
benefit systems of the different components of the PNP,
to ensure that no member of the PNP shall suffer any
diminution in basic longevity and incentive pays,
allowances and retirement benefits due there before the
creations of the PNP, to be completed within eighteen
(18) months from the effectivity of this Act. To accomplish
the task of Phase III, the Commission shall create a Board
of officers composed of the following: NAPOLCOM
Commissioner as Chairman and one (1) representative
each for the PC, Budget and Management.
Upon the effectivity of this Act, the Secretary shall
exercise administrative supervision as well as operational
control over the transferred, merged and/or absorbed
AFP and INP units. The incumbent Director General of
the PC-INP shall continue to act as Director General of
the PNP until such time as he shall have been replaced
by the President.
Section 86. Assumption by the PNP of Police
Functions. – The PNP shall absorb the functions of the
PC, the INP and the Narcotics Command upon the
effectivity of this Act.
All functions of the PAFSECOM and the police functions
of the Coast Guard shall be taken over by the PNP when it
acquires the capability to perform such functions after
the transition period of eighteen (18) months. The
personnel of the PAFSECOM or the Coast Guard shall,
within the transition period, have the option to join the
PNP or remain with the PAFSECOM or the Coast Guard,
as the case may be.
Section 87. Absorption by the Department of the
National Action Committee on Anti-Hijacking. – The
Department shall absorb the National Action Committee on
Anti-Hijacking under the Department of National Defense,
and the transfer of assets, personnel and accountabilities
of this office to the Department shall proceed in
accordance with the provisions of this chapter. Section 88.
Transfer, Merger, and Absorption of Offices and
Personnel. – All properties, equipment, finances of the
transferred and absorbed agencies, including their
respective accountabilities, are hereby transferred to the
Department.
The transfer, merger and/or absorption of any
government office/unit concerned shall include the
functions, appropriations, funds, records, equipment,
facilities, choses in action, rights, other assets, and
liabilities, if any, of the transferred Office/unit as well as
the personnel thereof, who shall; unless removed for
cause and after due process; in a holdover capacity,
continue to perform their respective duties and
responsibilities and receive their corresponding salaries
and benefits. Those personnel of the transferred, merged,
and/or absorbed office/unit whose positions are not
included in the new position structure and staffing
pattern approved by the Department or who are not
reappointed shall be given preference to join the
Department or any of the offices thereunder or shall be
allowed to retire under existing laws, rules and
regulations. Otherwise, they shall be deemed separated
and paid gratuity equivalent to one and one-fourth (11/4)
months basic salary for every year of service or a fraction
thereof.
The personnel of the existing Department of Local
Government shall, unless removed for cause and after
due process, continue to perform their duties and
responsibilities and shall receive their corresponding
salaries and benefits.
The heads of the various bureaus and offices created
under this Act shall, within six (6) months from the
effectivity of this Act, recommended the organizational
structure and staffing pattern of their bureaus, and
offices for approval by the Secretary.
Section 89. Compulsory Retirement for INP Members. –
Any provision hereof to the contrary notwithstanding
and within the transition period of four (4) years
following the effectivity of this Act, the following
members of the INP shall be considered compulsorily
retired:
(a) Those who shall attain the age of sixty (60) on the
first year of the effectivity of this Act.
(b) Those who shall attain the age of fifty-nine (59) on
the second year of the effectivity of this Act; and
(c) Those who shall attain the age of fifty-eight (58)
on the third year of the effectivity of this Act.
(d) Those who shall attain the age of fifty-seven (57)
on the fourth year of the effectivity of this Act.
© Compiled by RGL
Section 90. Status of Present NAPOLCOM, PC-INP. –
Upon the effectivity of this Act, the present National
Police Commission, and the Philippine
Constabulary-Integrated National Police shall cease to
exist. The Philippine Constabulary, which is the nucleus
of the integrated Philippine Constabulary-Integrated
National Police, shall cease to be a major service of the
Armed Forces of the Philippines. The Integrated National
Police, which is the civilian component of the Philippine
Constabulary-Integrated National Police, shall cease to
be the national police force and in lieu thereof, a new
police force shall be established and constituted
pursuant to this Act.
CHAPTER IX FINAL PROVISIONS
Section 91. Application of Civil Service Laws. – The Civil
Service Law and its implementing rules and regulations
shall apply to all personnel of the Department.
Section 92. Funding. – For purpose of organizing and
constituting the Department, and for carrying out the
provisions of this Act, the appropriations of the abolished,
transferred or reconstituted offices for the current fiscal
year shall be transferred to the Department. Thereafter,
such as may be necessary to carry out the provisions of
this Act shall be included in the annual General
Appropriations Act.
Section 93. Implementing Rules and Regulations. –
Within ninety (90) days from his appointment, the
Secretary shall promulgate rules and regulations
necessary to ensure the effective implementation of this
Act.
Section 94. Separability Clause. – If any portion or
provision of this Act is declared unconstitutional, the
same shall not effect the validity and effectivity of the
other provisions not affected thereby.
Section 95. Repealing Clause. – All laws, decrees,
executive orders, rules and regulations, and other
issuances or parts thereof which are inconsistent with
this Act hereby repealed, amended or modified
accordingly.
The provisions of Executive Order No. 262 shall remain
valid insofar as they are not inconsistent with the
provisions of this Act.
Section 96. Effectivity. – This Act shall take effect after
fifteen (15) days following its publication in two (2)
national newspapers of general circulation.
Approved: December 13, 1990
RA No 9263 | Bureau of Fire
Protection and Bureau of Jail
Management and Penology
Professionalization Act of 2004
As amended by RA No 9592, May 8, 2009
March 10, 2004
AN ACT PROVIDING FOR THE
PROFESSIONALIZATION OF THE BUREAU
OF FIRE PROTECTION (BFP) AND THE
BUREAU OF JAIL MANAGEMENT AND
PENOLOGY (BJMP), AMENDING CERTAIN,
PROVISIONS OF REPUBLIC ACT NO.
6975, PROVIDING FUNDS THEREOF AND
FOR OTHER PURPOSES
Be it enacted by the Senate and House of
Representatives of the Philippines in Congress
assembled:
Rules and Regulations Implementing RA No 9592
amending RA No 9263
140 of 188

SECTION 1. Title. - This Act shall be known as the "Bureau
of Fire Protection and Bureau of Jail Management and
Penology Professionalization Act of 2004."
SEC 2. Declaration of Policy and Principles. – It is
declared policy of the state to maintain peace and order,
protect life, liberty and property, and promote the general
welfare essential for the enjoyment by all the people of
the blessings of democracy (Article II, Section 5 of the
Philippine Constitution) Moreover it recognizes the
responsibility of the state to strengthen government
capability aimed towards the strengthening of the
delivery of basic services to the citizenry though the
institutionalization of highly efficient and competent fire
and jail services.
It is provided for under Republic Act No. 6975, other wise
known as the "Department of the Interior and Local
Government Act 1990", that the task of fire protection,
and jail management and penology shall be the
responsibility of the Bureau of Fire Protection (BFP) and
the Bureau of Jail Management and Penology (BJMP),
respectively.
Moreover, Section 3 of the Republic Act No. 8551,
otherwise known as the "Philippine National Police
Reform and Reorganization Act of 1998", provides that
in times of national emergency, BFP and the BJMP along
with the Philippine National Police (PNP) shall, upon the
direction of the President, assist the Armed Forces of the
Philippines (AFP) in meeting the national emergency, in
addition to the performance of their inherent functions
as mandated by law.
It is therefore recognized that the uniformed personnel
of the BFP and the BJMP, as member of the uniformed
service of the government under the Department of the
Interior and Local Government (DILG), are required the
same amount of sacrifice, service and dedication like
their counterparts in the4 PNP and the AFP to carry out
their respective duties to the extent of risking their lives
and limbs.
Towards this end, the State shall provide for the
Professionalization and restructuring of the BFP and the
BJMP by upgrading the level of qualifications of their
uniformed personnel and standardizing their base pay,
retirement and other benefits, making it at par with
those of the PNP and the AFP.
SEC. 3. Organization and Key Positions of the BFP and
the BJMP. – The BFP and the BJMP shall be respectively
headed by a Chief who shall be assisted by two (2)
deputy chiefs, one (1) for administration and one (1) for
operations, all of whom shall be appointed by the
President upon recommendation of the Secretary of the
DILG from among the qualified officers with at least the
rank of senior superintendent in the service: Provided,
that in no case shall any officer who has retired or is
retirable within six (6) months from his/her compulsory
retirement age be appointed as Chief of the Fire Bureau
or Chief of the Jail Bureau, as the case may be, Provided,
further, that the Chief of the Fire Bureau and Chief of the
Jail Bureau shall serve a tour of duty not to exceed four
(4) years: Provided, however, that in times of war or
other national emergency declared by Congress, the
President may extend such tour of duty.
The Heads of the BFP and the BJMP with the rank of
director shall have the position title of Chief of the Fire
Bureau and the Chief of the Jail Bureau, respectively. The
second officers in command of the BFP and the BJMP
with the rank of chief superintendent shall have the
position title of Deputy Chief for Administration of the
Jail Bureau, respectively. The third officer in command of
the BFP and the BJMP with the rank of chief
superintendent shall have the position title of Deputy
Chief for Operation of Fire Bureau and Deputy Chief for
Operation of the Jail Bureau, respectively. The fourth
officers in command of the BFP and the BJMP with the
rank of chief
superintendent shall have the respective position title of
Chief of Directorial Staff of the Fire Bureau and Chief of
Directorial Staff of the Jail Bureau, who shall be assisted
by the directors of the directorates in the respective
national headquarters office with at least the rank of
senior superintendent.
The BFP and the shall establish, operate and maintain
their respective regional offices in each of the
administrative regions of the country which shall be
respectively headed by a Regional Director for Fire
Protection and a Regional Director of Jail Management
and Penology with the rank of senior superintendent.
He/She shall be respectively assisted by the following
officers with the rank of superintendent: Assistant
Regional Director for Administration, Assistant Regional
Director for Operations, and Regional Chief of Directorial
Staff.
SEC. 4. Professionalization and Upgrading of
Qualification Standards in the Appointment of
Uniformed Personnel to the BFP and the BJMP. – No
person shall be appointed as uniformed personnel of the
BFP and the BJMP unless he/she possesses the following
minimum qualifications:
a) A citizen of the Republic of the Philippines;
b) A person of good moral character;
c) Must have passed the psychiatric/psychological, drug
and physical tests for the purpose of determining his/her
physical and mental health;
d) Must possess a baccalaureate degree from a
recognized institution of learning;
e) Must possess the appropriate civil service eligibility;
f) Must not have been dishonorably discharged or
dismissed for cause from previous employment;
g) Must not have been convicted by final judgment of an
offense or crime involving moral turpitude;
h) Must be at least one meter and sixty-two centimeters
(1.62 m.) in height for male, and one meter and fifty-
seven centimeters (1.57 m.) for female: Provided, That a
waiver for height and age requirements shall be
automatically granted to applicants belonging to the
cultural communities; and
i) Must weigh not more or less than five kilograms (5
kgs.) from the standard weight corresponding to his/her
height, age and sex;
Provided, That a new applicant must not be less than
twenty-one (21) nor more than thirty (30) years of age:
except for this particular provision, the above-
enumerated qualifications shall be continuing in
character and an absence of any one of them at any
given time shall be a ground for separation or retirement
from the service: Provided, further, That the uniformed
personnel who are already in the service prior to the
effectivity of Republic Act No. 9263 shall be given
another five (5) years to obtain the minimum
educational qualification and appropriate civil service
eligibility to be reckoned from the date of the effectivity
of this Act: Provided, furthermore, That concerned BFP
and BJMP members who have rendered more than
fifteen (15) years of service at the time of the effectivity
of this Act shall no longer be required to comply with the
aforementioned educational and eligibility
requirements. Likewise, those personnel who have
acquired National Police Commission (NAPOLCOM)
eligibility prior to the effectivity of Republic Act No. 9263
shall no longer be required to obtain the appropriate
civil service eligibility: Provided, finally, That within the
five-year extension period stipulated herein, the issue of
whether or not the BFP shall be devolved to local
government units shall be
revisited by Congress, and as circumstances demand, be
immediately implemented.
After the lapse of the time period for the satisfaction of a
specific requirement, current uniformed personnel of
the BFP and the BJMP who will fail to satisfy any of the
requirements enumerated under this Section shall be
separated from the service if they are below fifty (50)
years of age and have served in the government for less
than twenty (20) years, or retired if they are from age
fifty
(50) and above and have served in the government for at
least twenty (20) years without prejudice in either case to
the payment of benefits they may be entitled to under
existing laws. (Amending R.A. No. 9263 (Bureau of Fire
Protection and Bureau of Jail Mgt. and Penology
Professionalization Act of 2004), Republic Act No. 9592,
[May 8, 2009])
SEC. 5. Appointment of Uniformed Personnel to the
BFP and the BJMP. – The appointment of the BFP and
the BJMP shall be effected in the following manners:
a) Fire/Jail Officer I to Senior Fire/Jail Officer IV . –
Appointed by the respective Regional Director for Fire
Protection and Regional Director for Jail Management
and Penology for the regional office uniformed
personnel or by the respective Chief of the Fire Bureau
and Chief of the Jail Bureau for the national
headquarters office uniformed personnel, and attested
by the Civil Service Commission (CSC);
b) "Fire/Jail Inspector to Fire/Jail Superintendent. –
Appointed by the respective Chief of the Fire Bureau and
Chief of the Jail Bureau, as recommended by their
immediate superiors, and attested by the CSC;
c) Fire/Jail Senior Superintendent. – Appointed by the
Secretary of the DILG upon recommendation of the
respective Chief of the Fire Bureau and Chief of the Jail
Bureau, with the proper attestation of the CSC; and
d) Fire/ Jail Chief Superintendent. To Fire/Jail Director.-
Appointed by the President upon recommendation of
the Secretary of the DILG, with the proper endorsement
by the Chairman of the CSC.
SEC. 6. Lateral Entry of Officer into the BFP and the
BJMP. – In general, all original appointments of officers in
the Fire Bureau and Jail Bureau shall commence the rank
of fire/jail inspector wherein applicants for lateral entry
into the BFP shall include all those with highly specialized
and technical qualifications such as, but not limited to,
civil engineers, mechanical engineers, electrical
engineers, chemical engineers, chemist, architects,
criminologists, certified public accountants, nurses,
physical therapists, and dentists, while applicants for
lateral entry into the BJMP shall include all those with
highly specialized and technical qualifications such as,
but not limited to, social workers, psychologists, teachers,
nurses, dentists and engineers. Doctor of Medicine,
members of the Philippine Bar and chaplains shall be
appointed to the rank of fire/jail senior inspector in their
particular technical service. Graduate of the Philippine
National Police Academy (PNPA) shall be automatically
appointed to the initial rank of fire/jail inspector.
SEC. 7. Professionalization and Upgrading of
Qualification Standards in the Designation of
Uniformed Personnel of the BFP and the BJMP to Key
Positions. -
a) No person shall be designated to the following key
positions of the BFP and the BJMP unless he/she has met
the qualifications provided therein:
1) Municipal Fire Marshal. – Should have the rank of senior
inspector, who must have finished at least second year
Bachelor of Laws or earned at least twelve (12) units in a
master's degree program in public administration,
management, engineering, public safety, criminology or
other related discipline from recognized institution of
learning, and must have satisfactory passed the
necessary training of career courses for such position as
may be established by the Fire Bureau;
2) City Fire Marshal. - Should the rank of chief of senior
inspector, who must have finished at least second year
Bachelor of Laws or earned at least twenty four (24) units
in a master's degree program in public administration,
management, engineering, public safety, criminology or
other related disciplines from recognized institution of
learning, and must have satisfactory passed the
necessary training or career courses for such position as
may be established by the Fire Bureau;
3) District Fire Marshal, Provincial Fire Marshal, Assistant
Regional Director for Administration, Assistant Regional
Director for Operations and Regional Chief of Directorial
Staff. – Should have the rank of superintendent, who
must be a graduate of Bachelor of Laws or a holder of a
mater's degree in public administration, management,
engineering, public safety, criminology or other related
disciplines from recognized institution of learning, and
must have satisfactory passed the necessary training or
career courses for such position as may be established by
the Fire Bureau;
4) District Fire Marshal for the National Capital Region,
Regional Director for Fire Protection and Director of the
Directorate of the National Headquarters Office. –
Should have at least the rank of senior superintendent,
who must be a graduate of Bachelor of Laws or a holder
of master's degree in public administration,
management, engineering, public safety, criminology or
other related disciplines from a recognized institution of
learning, and must have satisfactory passed the
necessary training or career course for such position as
may be established by the Fire Bureau;
5) Deputy Chief for Administration of the Fire Bureau,
Deputy Chief for Operations of the Fire Bureau and Chief
Directorial Staff of the Fire Bureau.- Should have the rank
of superintendent, who must be a member of the
Philippine Bar or a holder of a master's degree in public
administration, management, engineering, public safety,
criminology or other related disciplines from recognized
institution of learning, and must have satisfactory passed
the necessary training or career courses for such as may
be established by the Fire Bureau; and
6) Chief of the Fire Bureau. – Should have the rank of
director, who must be a member of the Philippine Bar or
a holder of a master's degree in public administration,
management, engineering, public safety, criminology or
other related discipline from a recognized institution of
learning, and must satisfactory passed the necessary
training or career courses for such position as may be
established by the Fire Bureau.
b) No person shall be designated to the following key
positions of the BJMP unless he/she has met the
qualification provided therein:
1) Municipal Jail Warden. – Should have the rank of chief
inspector, who have finished at least second year
Bachelor of Laws or earned at least twelve (12) units in a
master' degree program in management, public
administration, public safety, criminology, penology,
sociology, national security administration, defense
studies, or other related disciplines from a recognized
institution of learning, and must have satisfactory passed
the necessary training or career courses for such position
as may be established by the Jail Bureau;
2) City Jail Warden. – Should have the rank of chief
inspector, who must have finished at least second year
Bachelor of Laws or earned at least twenty four (24) units
in master's degree program in management, public
administration, public safety, criminology, penology,
sociology, national security administration, defense
studies or related disciplines from a recognized
institution of learning and must satisfactory passed the
necessary training or career courses for such position as
may be established by the Jail Bureau: Provided, That in
city jails with a population of one thousand (1,000) or
more inmates, the city jail warden shall the rank and
qualification of a district jail warden;
3) District Jail Warden, Provincial Jail Administrator,
Assistant Regional Director for Administration, Assistant
Regional Director for Operations and Regional Chief of
Directorial Staff. – Should have the rank of senior
superintendent, who must be a graduate of Bachelor of
accumulated active service shall be separated from the
Laws or a holder of a master's degree in management,
service based on any of the following factors:
public administration, public safety, criminology,
1) Inefficiency based on poor performance during the last
penology, sociology, national security administration,
two (2) successive semestral ratings period;
defense studies or other related discipline from a
2) Inefficiency based on poor performance for three (3)
recognized institution of learning, and must satisfactory
cumulative semestral rating period;
passed the necessary training or career courses for such
3) Physical and/or mental incapacity to perform his/her
position as may be established by the Jail bureau;
duties and functions; or
4) Regional Director for Jail Management and Penology
4) Failure to complete the required career courses and/or
and Director of the Directorate of the National
appropriate civil service eligibility for his/her position
Headquarters Office. – Should have the rank of senior
except for justifiable; and
superintendent, who must be a graduate of Bachelor of
d) Separation or Retirement from the Fire Bureau and
Laws or a holder of a master's degree in management,
the Jail Bureau under this Section. – Any personnel who
public administration, public safety, criminology,
is dismissed from the BFP and the BJMP pursuant to the
penology, sociology, national security administration,
above-enumerated principles in this Section shall be
defense studies or other related discipline from a
separated if he/she has rendered less than twenty (20)
recognized institution of learning, and must satisfactory
years of service, and be retired if he/she has rendered at
passed the necessary training or career courses for such
least twenty (20) years of service unless the concerned
position as may be established by the Jail bureau;
personnel is disqualified by law to receive such benefits.
5) Deputy Chief for Administration of the Jail Bureau,
Deputy Chief for Operations of the Jail Bureau and Chief
SEC. 10. Promotion System for the Uniformed
of Directorial Staff of the Jail Bureau. – Should have the
Personnel of the BFP and BJMP. – Within six (6) months
rank of senior superintendent, who must be a member of
after the effectivity of this Act, the DILG shall establish a
the Philippine Bar or a holder of a master's degree in
system of promotion for the uniformed personnel of the
management, public administration, public safety,
BFP and the BJMP through the following principles:
criminology, penology, sociology, national security
administration, defense studies or other related discipline
a) Rationalized Promotion System. — The system of
from a recognized institution of learning, and must promotion shall be based on merits and on the
satisfactory passed the necessary training or career availability of vacant ranks in the BFP and the BJMP
courses for such position as may be established by the staffing pattern. Such system shall be gender-fair so as to
Jail bureau; and ensure that women personnel of the Fire Bureau and the
6) Chief of the Jail Bureau. – Should have the rank of
Jail Bureau shall enjoy equal opportunity for promotion
director, who must be a member of the Philippine Bar or
as of men;
a holder of a master's degree in management, public
administration, public safety, criminology, penology,
b) Requirements for Promotion. —
sociology, national security administration, defense
studies or other related discipline from a recognized
1) Any personnel of the BFP and the BJMP shall not be
institution of learning, and must satisfactory passed the
eligible for promotion to a higher rank unless he/she has
necessary training or career courses for such position as
met the minimum qualification standards or the
may be established by the Jail bureau.
appropriate civil service eligibility set by the Civil Service
Any uniformed personnel of the BFP and the BJMP who
Commission (CSC), and has satisfactorily passed the
is currently occupying such position but lacks any of the
required psychiatric/psychological, drug and physical
qualifications mentioned therein shall be given three(3)
tests: Provided, however, That concerned BFP and the
years upon the effectivity of this Act to comply with the
BJMP personnel who have obtained NAPOLCOM
requirements, otherwise he/she shall be relieved from
eligibility prior to the effectivity of Republic Act No. 9263
the position.
shall be considered to have complied with the
SEC. 8. Professionalization and Qualifications appropriate civil service eligibility requirement.
Upgrading Program. – The DILG shall design and
2) Any personnel of the BFP and the BJMP who has
establish a professionalization and qualifications
exhibited acts of conspicuous courage and gallantry at
upgrading program for uniformed personnel of the BFP
the risk of his/her life above and beyond the call of duty,
and the BJMP in coordination with the CSC and the
or selected as such in a nationwide search conducted by
Commission on Higher Education (CHED) though an off-
any accredited civic organization, shall be promoted to
campus education program or other similar programs
the next higher rank: Provided, That these shall be
within ninety (90) days from the effectivity of this Act.
validated by the DILG and the CSC based on established
criteria. (Amending R.A. No. 9263 (Bureau of Fire
SEC. 9. Attrition System for the Uniformed Personnel of
the BFP and the BJMP. - There shall be established a Protection and Bureau of Jail Mgt. and Penology
system of attrition for the uniformed personnel of the Professionalization Act of 2004), Republic Act No. 9592,
BFP and the BJMP within one (1) year from the [May 8, 2009])
effectivity of this Act to be submitted by said bureaus to
SEC. 11. Performance Evaluation System. - There shall
the DILG for approval. Such attrition system shall
be established a performance evaluation system which
include, but is not limited to, the provision of the
shall be administered with accordance with the rules,
following principles:
regulations and standards, and a code of conduct for the
a) Attrition by Demotion in Position or Rank. – Any
uniformed personnel of the BFP and the BJMP to be
uniformed personnel of the BFP and the BJMP who is
promulgated by the Fire Bureau and the Jail Bureau
relieved and assigned to a position lower than that is
through the DILG. Such performance evaluation system
established for his/her grade in the respective staffing
shall be administered in such a way as to foster the
pattern of the Fire Bureau and the Jail Bureau, and who
improvement of the individual efficiency and behavioral
shall not be assigned to a position commensurate to
discipline as well as the promotion of organizational
his/her grade within two (2) years after such demotion in
effectiveness and commitment to service.
position shall be separated or retired from the service;
The rating system as contemplated herein shall be based
b) Attrition by Non-Promotion. – Any uniformed
on standard prescribed by the Fire Bureau and the Jail
personnel of the BFP and the BJMP who has not been
Bureau through the DILG and shall be consider the result
promoted for a continuous period of ten (10) years shall
of the annual psychiatric/psychological and physical test
be separated or retired from the service, except for those
conducted on the uniformed personnel of the BFP and
who are occupying a third-level position;
the BJMP.
c) Attrition by Other Means. – Any uniformed personnel
of the BFP and the BJMP with at least five (5) years of
SEC. 12. Standardization of the Base Pay, Retirement
and other Benefits of the Uniformed Personnel of the
BFP and the BJMP. – In order to enhance the general
welfare, commitment to service and professionalism of
the uniformed personnel of the BFP and the BJMP, they
shall receive the minimum starting salary equivalent to
the salary grade level of the corresponding rank
classification of their counterparts in the PNP, as provided
under Section 36 of Republic Act No. 8551, and in the AFP,
as provided under Section 2 of Republic Act No. 9166.
The rate of the base pay of the uniformed personnel of
the BFP and the BJMP shall be adjusted in accordance
with the following salary grade schedule:
RANK SALARY GRADE
Fire/Jail Director 28
Fire/Jail Chief Superintendent 27
Fire/Jail Senior Superintendent 26
Fire/Jail Superintendent 25
Fire/Jail Chief Inspector 24
Fire/Jail Senior Inspector 23
Fire/ Jail Inspector 22
Senior Fire/Jail Officer IV 19
Senior Fire/Jail Officer III 18
Senior Fire/Jail Officer II 17
Senior Fire/Jail Officer I 16
Fire/ Jail Officer III 14
Fire/Jail Officer II 12
Fire/Jail Officer I 10
Provided, That all benefits currently receive by the
uniformed personnel of the BFP and the BJMP under
existing laws shall continue to be received by them:
Provided, Further, That their retirement pay shall be
subject to adjustment/s based on the prevailing scale of
base pay of the uniformed personnel in the active service.
SEC. 13. Implementation. – The implementation of this
Act shall be undertaken in staggered phases, but not to
exceed three (3) years, taking into consideration the
financial position of the national government: Provided,
That any partial implementation shall be uniform and
proportionate for all ranks.
SEC. 14. Implementation Rules and Regulations. – The
DILG in coordination with the BFP and the BJMP, the
CSC, the Department of Budget and Management
(DBM), and the Department of Finance (DOF) shall,
within ninety (90) days from the effectivity of this Act,
promulgate the rules and regulations necessary to
implement the provision of this Act.
SEC. 15. Annual Report. – The BFP and the BJMP
through the DILG and the DBM shall jointly submit to the
President of the Senate and the Speaker of the House of
Representatives an annual report on the implementation
of this Act. This report shall include information on the
application of the budget for the salary and other
benefits provided under this Act. The DBM, in
consultation with the BFP and the BJMP though the
DILG, shall periodically review and adjust every five (5)
years the rates of base pay, taking into consideration
labor productivity, consumer price index, oil price and
other similar economic indicators as may be determined
by the National Economic and Development authority
(NEDA).
SEC. 16. Separability Clause.- If any portion or provision
of this Act is declared unconstitutional, the same shall not
affect the validity and effectivity of the other provisions not
affected thereby.
SEC. 17. Repealing Clause. – All laws, decrees, orders,
rules and regulations, and other issuances, or parts
thereof, which are inconsistent with the provisions of this
Act, are hereby deemed repealed, amended or modified
accordingly.
SEC. 18. Effectivity. – This Act shall take effect fifteen (15)
days after its complete publication in the Official Gazette or
in at least two (2) newspapers of general circulation,
whichever comes earlier.
RA No 10742 | Sangguniang
Kabataan Reform Act of 2015
January 15, 2016
AN ACT ESTABLISHING REFORMS IN THE
SANGGUNIANG KABATAAN CREATING
ENABLING MECHANISMS FOR
MEANINGFUL YOUTH PARTICIPATION IN
NATION-BUILDING, AND FOR OTHER
PURPOSES
Be it enacted by the Senate and House of
Representatives of the Philippines in Congress
assembled:
Rules and Regulations Implementing the SK Reform Act
CHAPTER I INTRODUCTORY PROVISIONS
SECTION 1. Title. – This Act shall be known as the
“Sangguniang Kabataan Reform Act of 2015”.
SECTION 2. Declaration of State Policies and Objectives.
– The State recognizes the vital role of the youth in
nation-building .and thus, promotes and protects their
physical, moral, spiritual, intellectual and social well-
being, inculcates in them patriotism, nationalism and
other desirable values, and encourages their
involvement in public and civic affairs.
Towards this end, the State shall establish adequate,
effective, responsive and enabling mechanisms and
support systems that will ensure the meaningful
participation of the youth in local governance and ^Ln
nation-building.
SECTION 3. Definition of Terms. – For purposes of this Act,
the following terms are hereby defined:
(a) Commission shall refer to the National Youth
Commission created under Republic Act No. 8044;
(b) Local Chief Executive shall refer to the provincial
governor, city and municipal mayor;
(c) Local Government Operations Officer shall refer to
the duly designated head of the office of the
Department of the Interior and Local Government (DILG)
stationed in the concerned local government unit;
(d) Local Sanggunian shall refer to the sangguniang
panlalawigan, sangguniang panlungsod and
sangguniang bayan;
(e) Youth Affairs Provincial Officer shall refer to the
person duly appointed or designated by the Commission
to serve
as its agent in the province with the tasks provided for in
this Act or as the Commission may deem necessary;
(f) Youth shall refer to those persons whose ages range
from fifteen (15) to thirty (30) years old as defined in
Republic Act No. 8044;
(g) Youth Organizations shall refer to those organizations
whose membership/ composition are the youth; and
(h) Youth-Serving Organizations shall refer to those
registered organizations whose principal programs,
projects and activities are youth-oriented and youth-
related.
CHAPTER II THE KATIPUNAN NG
KABATAAN AND THE SANGGUNIANG
KABATAAN
SECTION 4. Katipunan ng Kabataan. – There shall be in
every barangay a Katipunan ng Kabataan to be
composed of all citizens of the Philippines residing in the
barangay for at least six (6) months, who are at least
fifteen (15) but not more than thirty (30) years of age,
and who are duly registered in the list of the Commission
on Elections (COMELEC) and/or the records of the
Sangguniang Kabataan secretary.
SECTION 5. Powers and Functions of the Katipunan ng
Kabataan. – The Katipunan ng Kabatan shall:
(a) Elect the Sangguniang Kabataan chairperson and
members; and
(b) Serve as the highest policy-making body to decide on
matters affecting the youth in the barangay. As such, the
Sangguniang Kabataan shall consult and secure the
concurrence of the Katipunan ng Kabataan in the
formulation of all its, programs, plans and activities.
SECTION 6. Meetings of the Katipunan ng Kabataan. – The
Katipunan ng Kabataan shall meet at least once every six
(6) months, or at the call of the chairperson of the
Sangguniang Kabataan or upon written petition of at least
one-twentieth (1/20) of its members, to decide on
important issues affecting the youth of the barangay.
SECTION 7. Creation and Election of the Sangguniang
Kabataan. – There shall be in every barangay a
Sangguniang Kabataan to be composed of a chairperson
and seven (7) members who shall be elected by the
registered voters of the Katipunan ng Kabataan. The
Sangguniang Kabataan chairperson/shall, with the
concurrence of the majority of the Sangguniang
Kabataan members, appoint from among the members
of the Katipunan ng Kabataan, a secretary and a
treasurer.
SECTION 8. Powers and Functions of the Sangguniang
Kabataan. – The Sangguniang Kabataan shall:
(a) In consultation and with the concurrence of the
Katipunan ng Kabataan, and within three (3) months
from assumption to office, formulate a three (3)-year
rolling plan, which shall be known as the Comprehensive
Barangay Youth Development Plan, which shall serve as
basis in the preparation of the Annual Barangay Youth
Investment Program. This plan shall be aligned with the
Philippine Youth Development Plan (PYDP) and o^her
Local Youth Development Plans in every level, municipal,
city and provincial as is relevant;
(b) Approve the annual budget which is the annual slice
of the Annual Barangay Youth Investment Program
before the start of the succeeding fiscal year and, if the
Sangguniang Kabataan funds allow, a supplemental
budget. Any changes in the annual budget shall be in
accordance with existing applicable budget rules and
procedures;
(c) Promulgate resolutions necessary to carry out the
objectives of the youth in the barangay in accordance
with the Comprehensive Barangay Youth Development
Plan and the applicable provisions of this Act;
(d) Initiate and implement, in coordination with any
national government agency and/or any private or
nongovernment institution, programs and projects
designed to promote general welfare, development and
empowerment of the youth;
(e) Hold fund-raising activities which are in line with the
Comprehensive Barangay Youth Development Plan, the
proceeds of which shall be tax-exempt and shall accrue
to the general fund of the Sangguniang Kabataan:
Provided, however, That in the appropriation thereof,
the specific purpose for which such activity has been
held shall be first satisfied: Provided, further, That any
appropriation thereof shall be in accordance with
existing applicable budget, accounting and auditing rules
and regulations;
(f) Create regular and special committees and such other
bodies whose chairpersons and members of which shall
come from among the members of the Sangguniang
Kabataan or from among the members of the Katipunan
ng Kabataan, as it may deem necessary to effectively
carry out its programs and activities;
(g) Submit the annual and end-of-term program
accomplishments and financial reports to the
Sangguniang Barangay and present the same during the
Katipunan ng Kabataan assembly, copy furnished the
Office of the Local Government Operations Officer and
Local Youth Development Council (LYDC), all in
accordance with the prescribed form by the DILG and
the Commission;
(h) Partner with the LYDC in planning and executing
projects and programs of specific advocacies like good
governance, climate change adaptation, disaster risk
reduction and resiliency, youth employment and
livelihood, health and anti-drug abuse, gender
sensitivity, and sports development;
(i) Adopt and implement a policy on full public disclosure
of all its transactions and documents involving public
interest; and
(j) Exercise such other powers and perform such other
functions as may be prescribed by law or ordinance, or
delegated by the Sangguniang Barangay or the
Commission.
SECTION 9. Meetings of the Sangguniang Kabataan. –
(a) The Sangguniang Kabataan shall meet regularly once
a month on the date, time and place to be fixed by the
said sanggunian. Special meetings may be called by the
chairperson or any four (4) of its members by giving
written notice of the date, time, place and agenda of the
meeting, which can be sent either through personal
delivery, registered mail, fax or email, to all members,
and must be received at least one (1) day in advance.
The Sangguniang Barangay and the Municipal or City
Youth Development Council shall be furnished with
notices of regular and special meetings and the minutes
of the meetings thereafter.
(b) A majority of the members including the chairperson
shall constitute a quorum.
SECTION 10. Qualifications. – An official of the
Sangguniang Kabataan, either elective or appointee,
must be a citizen of the Philippines, a qualified voter of
the Katipunan ng Kabataan, a resident of the barangay
for not less than one (1) year immediately preceding the
day of the elections, at least eighteen (18) years but not
more than twenty-four (24) years of age on the day of the
elections, able to read and write Filipino, English, or the
local dialect, must not be related within the second civil
degree of consanguinity or affinity to any incumbent
elected national official or to any incumbent elected
regional, provincial, city, municipal, or barangay official, in
the locality where he or she seeks to be elected, and must
not have been convicted by final judgment of any crime
involving moral turpitude.
SECTION 11. Term of Office. – (a) The chairperson and
members of the Sangguniang Kabataan shall hold office
for a fixed term of three (3) years unless sooner removed
for cause, permanently incapacitated, have died or
resigned from office.
(b) The Sangguniang Kabataan secretary and treasurer
shall be coterminus with the appointing authority unless
sooner removed for cause, found to have failed from the
discharge of his or her duties, or has committed abuse of
authority as stipulated in existing laws pertaining to the
conduct of public officials, through a majority vote of all
the members of the Katipunan ng Kabataan in a regular
or special assembly called for the purpose.
(c) A Sangguniang Kabataan official who, during his or
SECTION 15. Sangguniang Kabataan Treasurer. – The
her term of office, shall have passed the age of twenty-
Sangguniang Kabataan treasurer shall:
four (24) years shall be allowed to serve the remaining
(a) Take custody of all Sangguniang Kabataan property
portion of the term for which he or she was elected.
and funds;
SECTION 12. Sangguniang Kabataan Chairperson. – The
(b) Collect and receive contributions, monies, materials,
chairperson of the Sangguniang Kabataan shall
and all other resources intended for the Sangguniang
automatically serve as an ex officio member of the
Kabataan and the Katipunan ng Kabataan;
Sangguniang Barangay upon assumption to office. As
(c) Serve as cosignatory in all withdrawals from the
such, he or she shall exercise the same powers,
Sangguniang Kabataan funds and disburse funds in
discharge the same duties and functions, and enjoy the
accordance with the approved annual budget and
same privileges as the regular Sangguniang Barangay
supplemental budget, as the case may be, of the
members; and shall be the chairperson of the
Sangguniang Kabataan,
Committee on Youth and Sports Development. He or she
(d) Certify to the availability of the Sangguniang Kabataan
shall be entitled to a pro-rata honoraria for every session
funds whenever necessary;
of the Sangguniang Barangay he or she has attended.
(e) Submit to the Sangguniang Kabataan and to the
SECTION 13. Powers and Functions of the Sangguniang
Sangguniang Barangay certified and detailed statements
Kabataan Chairperson. – The Sangguniang Kabataan
of actual income and expenditures at the end of every
chairperson shall exercise such powers and discharge
quarter and the posting of the same in the barangay
such duties as follows:
bulletin board and in at least three (3) conspicuous places
(a) Call and preside over all meetings of the Sangguniang
within the jurisdiction of the barangay, and if possible
Kabataan, and vote in case of a tie, and assemblies of the
including the use of traditional and nontraditional media;
Katipunan ng Kabataan except when one. (1) of the
(f) Render report during the regular Katipunan ng
agenda to be discussed in such assembly involves the
Kabataan assembly on the financial status of the
disciplinary action against the Sangguniang Kabataan
Sangguniang Kabataan; and
chairperson, in which case, the highest ranking
(g) Perform such other duties and discharge such other
Sangguniang Kabataan member shall preside;
functions as the Sangguniang Kabataan chairperson may
(b) Take the lead in the formulation of the
prescribe or direct.
Comprehensive Barangay Youth Development Plan and
SECTION 16. Privileges of Sangguniang Kabataan
in the preparation and implementation of the Annual
Officials. – (a) All Sangguniang Kabataan officials in good
Barangay Youth Investment Program;
standing, whether elected or appointed, shall, during
(c) Ensure the implementation of policies, programs and
their incumbency:
projects as contained in the Annual Barangay Youth
(1) Be exempt from payment of tuition and matriculation
Investment Programs, in coordination with the
fees while enrolled in any public tertiary school including
Sangguniang Barangay and the Municipal or City Youth
state colleges and universities and those locally funded
Development Council;
public educational institutions within or nearest their
(d) Sign all required documents and warrants drawn
area of jurisdiction. The National Government, through
from the Sangguniang Kabataan funds for all
the DILG, shall reimburse said college or university the
expenditures in the implementation of the
amount of the tuition and matriculation fees;
Comprehensive Barangay Youth Development Plan and
(2) Be exempt from taking the National Service Training
Annual Barangay Youth Investment Program;
Program-Civic Welfare Training Service (NSTP-CWTS)
(e) Exercise general supervision over the affairs and
subjects. In lieu thereof, concerned Sangguniang
activities of the Sangguniang Kabataan and the
Kabataan officials shall submit written reports,
Katipunan ng Kabataan as well as the official conduct of
preferably with photographs, or other documentations
its members;
of their participation in the implementation of programs,
(f) With the concurrence of the Sangguniang Kabataan,
projects and activities as outlined in the Comprehensive
appoint from among the members of the Katipunan ng
Barangay Investment Program. Absence of such reports
Kabataan a secretary and a treasurer;
and documentations or a finding to the contrary upon
(g) Coordinate with the Sangguniang Barangay and other
verification of submitted reports, will disqualify the
youth organizations within his or her barangay on youth-
concerned Sangguniang Kabataan officials from this
related programs and projects that they wish to initiate
privilege. The Commission on Higher Education (CHED)
and implement; and
and the Commission shall jointly promulgate the
(h) Exercise such other powers and perform such other
guidelines for the implementation of this provision;
duties and functions as may be prescribed by law or
(3) Be excused from attending their regular classes, if they
ordinance.
are currently enrolled in any school, while attending
SECTION 14. Sangguniang Kabataan Secretary. – The
then- regular or special Sangguniang Kabataan meetings,
Sangguniang Kabataan secretary shall:
and the Sangguniang Barangay sessions, in case of the
(a) Keep all the records of the Katipunan ng Kabataan,
Sangguniang Kabataan chairperson. A certification of
including the list of its qualified members, youth policies,
attendance shall be issued by the Sangguniang Kabataan
studies, research and registry of youth and youth-serving
secretary, attested by the Sangguniang Kabataan
organizations in the barangay, if any;
chairperson and duly noted by the Punong Barangay and
(b) Prepare and keep all the minutes of all assemblies of
shall be submitted to the concerned faculty member and
the Katipunan ng Kabataan and of all the meetings of the
the dean of the educational institution as proof of
Sangguniang Kabataan;
attendance. In the case of the Sangguniang Kabataan
(c) Cause the posting, in the barangay bulletin board and
secretary, the Sangguniang Kabataan chairperson shall
in at least three (3) conspicuous places within the
issue the certification duly noted by the Punong
jurisdiction of the barangay, and if possible including the
Barangay. In the case of the Sangguniang Kabataan
use of traditional and nontraditional media, and make
chairperson, the barangay secretary shall issue the
available for any person with legal purpose, all
certification of attendance duly noted by the Punong
resolutions approved by the Sangguniang Kabataan, the
Barangay. Any person who shall falsely certify as to the
annual and end-of-term reports of the programs and
attendance of any Sangguniang Kabataan official shall be
projects implemented by the Sangguniang Kabataan, the
criminally and administratively liable;
Comprehensive Barangay Youth Development Plan and (4) Be provided by the National Government with
Annual Barangay Youth Investment Program and the Philippine Health Insurance Corporation (Philhealth)
dissemination of the same to concerned offices, coverage; and
institutions and individuals; and (5) Be entitled to receive actual travelling
(d) Perform such other duties and discharge such other reimbursements as may be authorized by law, and
functions as the Sangguniang Kabataan chairperson may subject to the availability of funds: Provided, That, such
prescribe or direct. travel is directly related to the performance of their
functions as Sangguniang Kabataan officials and is
supported by duly approved travel order by the Punong
Barangay in the case of the Sangguniang Kabataan
chairperson, or by the Sangguniang Kabataan
chairperson in the case of the other Sangguniang
Kabataan officials.
(6) The Sangguniang Kabataan chairperson shall have the
same privileges enjoyed by other Sangguniang Barangay
officials under this Act subject to such requirements and
limitations provided herein.
SECTION 17. Persons in Authority – For purposes of the
Revised Penal Code, the Sangguniang Kabataan
chairperson and members in each barangay shall be
deemed as persons in authority in their jurisdictions.
SECTION 18. Suspension and Removal from Office. – Any
elected official of the Sangguniang Kabataan may, after
due process, be suspended for not more than six (6)
months or removed from office by majority vote of all
members of the Sangguniang Bayan or Sangguniang
Panlungsod which has jurisdiction in the barangay of the
concerned Sangguniang Kabataan official which shall be
final and executory, on any of the following grounds:
(a) Absence from the regular meeting of the
Sangguniang Kabataan without valid cause for two (2)
consecutive times or accumulated absences of four (4)
within a period of twelve (12) months;
(b) Failure to convene the regular assembly of the
Katipunan ng Kabataan for two (2) consecutive times;
(c) Failure to convene the regular Sangguniang Kabataan
meetings for three (3) consecutive months in the case of
the Sangguniang Kabataan chairperson;
(d) Failure to formulate the Comprehensive Barangay
Youth Development Plan and the Annual Barangay Youth
Investment Program, or approve the annual budget
within the prescribed period of time without justifiable
reason;
(e) Failure to implement programs and projects outlined
in the Annual Barangay Youth Investment Program
without justifiable reason;
(f) Four (4) consecutive absences during the regular
Sangguniang Barangay sessions without valid cause in
the case of the Sangguniang Kabataan chairperson;
(g) Conviction by final judgment of a crime involving
moral turpitude; and violation of existing laws against
graft and corruption and other civil service laws, rules
and regulations; and
(h) Failure in the discharge of his or her duty or has
committed abuse of authority.
SECTION 19. Succession and Filling up of Vacancies. – (a)
In case a Sangguniang Kabataan chairperson refuses to
assume office, fails to qualify, voluntarily resigns, dies, is
permanently incapacitated, is removed from office, the
Sangguniang Kabataan member who obtained the
highest number of votes in the election immediately
preceding shall assume the office of the chairperson for
the unexpired portion of his or her term. In case said
member refuses to assume the position or fails to qualify,
the Sangguniang Kabataan member obtaining the next
highest number of votes shall assume the position of the
chairperson for the unexpired portion of the term.
(b) After the vacancy shall have been filled, the
Sangguniang Kabataan chairperson shall, within thirty
(30) days, call for a special Katipunan ng Kabataan
assembly to elect a Sangguniang Kabataan member to
complete the membership of said sanggunian: Provided,
That, such special assembly is coordinated with the
Office of the Local Government Operations Officer and
the COMELEC of the municipality or city where the
concerned barangay belongs Such Sangguniang
Kabataan member shall hold office for the unexpired
portion of the term of the vacant seat. For this purpose,
any citizen of the Philippines residing in the said
barangay for at least six (6) months who attains the age
of fifteen (15) years old at the time of the special
election and who registers as member of the Katipunan
ng Kabataan before the Sangguniang Kabataan secretary
shall be entitled to vote in the said special election.
(c) All other vacancies in the office of the Sangguniang
Kabataan shall be filled in accordance with the
immediately preceding provision.
(d) In case of suspension of the Sangguniang Kabataan
chairperson, the successor, as determined in subsection
(a) of this section, shall assume the position during the
period of such suspension.
SECTION 20. Sangguniang Kabataan Funds. – The
Sangguniang Kabataan funds shall be governed by the
following provisions:
(a) All the income of the barangay derived from whatever
source shall accrue to its general fund and shall, at the
option of the barangay concerned, be kept as trust fund
in the custody of the city or municipal treasurer or be
deposited in „ hank n refer ably government-owned,
situated in or nearest to its area of jurisdiction. Such funds
shall be disbursed in accordance with the provisions of
this Act. Ten percent (10%) of the general fund of the
barangay shall be set aside for the Sangguniang
Kabataap. The Sangguniang Barangay shall appropriate
the Sangguniang Kabataan funds in lump-sum which
shall be disbursed solely for youth development and
empowerment purposes;
(b) The Sangguniang Kabataan shall have financial
independence in its operations, disbursements and
encashment of their fund, income and expenditures. As
such, the Sangguniang Kabataan funds shall be
deposited in the name of the Sangguniang Kabataan of
the concerned barangay in a government-owned bank
situated in or nearest to its area of jurisdiction with the
Sangguniang Kabataan chairperson and the
Sangguniang Kabataan treasurer as the official
signatories;
(c) All Sangguniang Kabataan funds shall be allocated in
an annual budget, and if the funds allow, in a
supplemental budget in accordance with the adopted
Annual Barangay Investment Program. Both the
Comprehensive Barangay Youth Development Plan and
Annual Barangay Investment Program shall give priority
to programs, projects and activities that will promote
and ensure the equitable access to quality education,
environmental protection, climate change adaptation,
disaster risk reduction and resiliency, youth employment
and livelihood, health and anti-drug abuse, gender
sensitivity, sports development, and capability building
which emphasizes leadership training; and
(d) The Sangguniang Bayan or Sangguniang Panlungsod
shall, within sixty (60) days upon receipt hereof, review
the annual budget and supplements1 budget of the
Sangguniang Kabataan on their compliance in the
immediately preceding provision and other existing laws,
rules and regulations. Noncompliance shall render said
budgets inoperative either in whole or in part. Failure on
the part of the sanggunian to complete the review
within the prescribed period shall render the said annual
budget deemed approved.
All Sangguniang Kabataan funds derived from any source
shall be stated in its financial records which shall be kept
by the Sangguniang Kabataan treasurer, copy furnished
the sangguniang barangay, in simplified manner as may
be prescribed by the Commission on Audit (COA). All
Sangguniang Kabataan funds shall be subject to all
existing accounting and auditing laws, rules and
regulations.
SECTION 21. Pederasyon ng Sangguniang Kabataan. –
(a) There shall be an organization of the Pederasyon ng
mga Sangguniang Kabataan to be known as follows:
(1) In municipalities, Pambayang Pederasyon ng mga
Sangguniang Kabataan which shall be composed of the
Sangguniang Kabataan chairpersons of barangays in the
municipality;
(2) In cities, the Panlungsod na Pederasyon ng mga
Sangguniang Kabataan which shall be composed of the
Sangguniang Kabataan chairpersons of barangays in the
city; and
(3) In provinces, Panlalawigang Pederasyon ng mga
Sangguniang Kabataan which shall be composed of the
convenors of the Pambayan and Panlungsod na
Pederasyon ng mga Sangguniang Kabataan.
(b) The Pederasyon ng njiga Sangguniang Kabataan shall,
at all levels, elect from among themselves a president, a
vice president, a1 treasurer, a secretary and such other
officers as they may deem necessary. The concerned
Local Government Operations Officer, in coordination
with the election officer, shall facilitate the conduct of
the elections which shall be held within fifteen (15) days
from the Sangguniang Kabataan elections in case of the
Pambayan and Panlungsod na Pederasyon, and within
thirty (30) days in case of the Panlalawigang Pederasyon.
(c) The manner of election, suspension and removal of
the officers of the Pederasyon at all levels and the term
of office of the other officers of the Pederasyon shall be
governed by the guidelines to be jointly issued by the
DILG, the COMELEC and the Commission within sixty (60)
days upon the effectivity of this Act.
SECTION 22. Membership in the Sanggunian and Local
Special Bodies. – (a) The duly elected president of the
Pederasyon ng Sangguniang Kabataan, at all levels, shall
serve as ex officio member of the Sangguniang Bayan,
Sangguniang Panlungsod and Sangguniang
Panlalawigan, respectively;
(b) He or she shall be the chairperson of the Committee
on Youth and Sports Development in the said
Sanggunian, and a regular member of the Committees
on Education, Environment, Employment and Livelihood,
Health and Anti-Drug Abuse, and Gender and
Development,
(c) He or she shall serve as ex officio member of Local
School Board, Local Council for the Protection of
Children Local Development Council, Local Health Board
Local Tourism Council and Local Peace and Order
Council, and
(d) He or she shall convene the LYDC every three (3)
months to conduct consultations with youth
organizations.
CHAPTER III THE LOCAL
YOUTH DEVELOPMENT
COUNCIL (LYDC)
SECTION 23. Creation. – To ensure wide and multi-
sectoral youth participation in local governance, there shall
be in every province, city and municipality a Local Youth
Development Council (LYDC) “which shall be called,
Provincial Youth Development Council, City Youth
Development Council and Municipal Youth Development
Council, respectively. The LYDC shall be composed of
representatives of youth and youth-serving organizations
in the provincial, city, and municipal level. The LYDC shall
assist the planning and execution of projects and programs
of the Sangguniang Kabataan, and the Pederasyons in all
levels.
SECTION 24. Local Youth Development Council Funds. –
The LYDC shall be funded by their respective
Sangguniang Bayan, Sangguniang Panlungsod and
Sangguniang Panlalawigan.
CHAPTER IV THE LOCAL YOUTH
DEVELOPMENT OFFICE
SECTION 25. Creation. – There shall be in every province,
city and municipality a Youth Development Office which
shall be headed by a youth development officer with the
rank of at least division chief. Such may be put under the
Office of the Local Chief Executive, the Office of the
Planning and Development, the Office of the Social
Welfare, or in any other office deemed appropriate by
the local government unit. If the funds of the local
government unit are sufficient, it can be a separate
department with divisions and units for policy and
planning, administration and finance, and programs and
operations. In the event when the local government unit
has exceeded the prescribed personal services
limitations, the local chief executive may designate
existing personnel whom he or she deems fit to serve
this purpose until such time that the local government
unit can already create this office.
SECTION 26. Funding. – The local government unit shall
incorporate in its annual budget such amount as may be
necessary for the operation and effective functioning of
the Local Youth Development Office.
CHAPTER V CAPABILITY-BUILDING AND
ORIENTATION TOWARDS
NATION-BUILDING AND
EMPOWERMENT
SECTION 27. Mandatory and Continuing Training
Programs. – For the purpose of emphasizing the role of
the youth in nation-building and molding them to
become better citizens with the values of patriotism,
nationalism and honor as a Filipino, any Sangguniang
Kabataan official, whether elected or appointed, or any
member of the LYDC must undergo the mandatory
training programs before he or she can assume office.
During their incumbency, they must attend the
continuing training programs to be undertaken by the
Commission in coordination with the DILG. Deliberate
failure to attend the said training programs shall
constitute sufficient ground to disqualify said
Sangguniang Kabataan official or LYDC member or
subject them to disciplinary actions.
SECTION 28. Components of the Mandatory Training
Programs. – The Commission and the DILG with the
assistance of the Development Academy of the
Philippines (DAP), the Local Government Academy (LGA),
the University of the’ Philippines-National College of
Public Administration and Governance (UP-NCPAG), and
in consultation with youth stakeholders shall jointly
design and implement the mandatory and continuing
training programs. The mandatory training
programs1 must include among others, the following
components: (a)(1) The Philippine .cultural history,
political systems ethics and ideologies; (2) The Filipino
as a nation builder
(3) The Filipino youth and its role in nation-building; and
(b) capability building on leadership, program and
project development and sustainability, financial
management, and accountability and transparency.
SECTION 29. Training Fund – A training fund with an
initial amount of fifty million pesos (P50,000,000.00) is
hereby established and appropriated from any available
source to be managed by the Commission. Thereafter,
such amount needed for this purpose shall be included in
the Annual General Appropriations Act.
CHAPTER VI LINGGO NG KABATAAN
SECTION 30. Observance of Linggo ng Kabataan. –
(a) Every barangay, municipality, city and province shall
conduct an annual activity to be known as the Linggo ng
Kabataan on the week where the 12th of August falls to
coincide with the International Youth Day. The
Sangguniang Kabataan, in the case of barangay, and the
respective LYDC in cooperation with the Pederasyon ng
mga Sangguniang Kabataan, in the case of municipality,
city and province, shall take the lead in this observance.
(b) The observance of the Linggo ng Kabataan shall
include the election of the counterparts of all local
elective and appointive officials, as well as heads of
national offices or agencies stationed or assigned in the
territorial jurisdiction of the local government unit,
among in-school and community youth residing in the
local government concerned from ages thirteen (13) to
seventeen (17). During said week, they shall hold office
as boy and girl officials and shall perform such duties
*and conduct such activities as may be provided in the
ordinance enacted pursuant to this Chapter.
CHAPTER VII REGISTRATION, ELECTION
AND ASSUMPTION OF OFFICE
SECTION 31. Registration. – For purposes of the next
regular Sangguniang Kabataan election under this Act,
the COMELEC shall set a special registration of the
Katipunan ng Kabataan which shall in no case be less
than one (1) month and shall include Saturdays and
Sundays. Subsequent registration of the Katipunan ng
Kabataan shall be governed by Republic Act No. 8189
including the system of continuing registration.
SECTION 32. Date of Election. – The Sangguniang
Kabataan elections shall be synchronized with the
barangay elections and subsequently every three (3)
years thereafter.
CHAPTER VIII FINAL PROVISIONS
SECTION 33. Appropriations. – The amount necessary to
implement the provisions of this Act shall be included in
the Annual General Appropriations Act.
SECTION 34. Implementing Rules and Regulations (IRR).
– The Commission, the DILG, the COMELEC, the
Department of Budget and Management, the CHED, the
Department of Education, and the COA, in consultation
with the local government leagues, and various youth
organizations and youth-serving organizations shall be
tasked to come up, within sixty (60) days upon approval
of this Act, with the IRR needed for the implementation
of this Act.
SECTION 35. Separability Clause. – If, for any reason or
reasons, any part or provision of this Act shall be
declared unconstitutional or invalid, other parts or
provisions not affected thereby shall continue to be in
full force and effect.
SECTION 36. Repealing Clause. – Sections 329, 423-439 of
Republic Act No. 7160, also known as “The Local
Government Code of 1991”; Section 10(O) of Republic Act
No. 8044, otherwise known as “Youth In Nation-Building
Act”; Sections 1 and 2 of Republic Act No. 9340, entitled
“An Act Amending Republic Act No. 9164, Resetting the
Barangay and Sangguniang Kabataan Elections, and for
Other Purposed”; all other laws, presidential decrees,
executive orders letters of instruction, rules and
regulations or portions thereof which are inconsistent
with this Act are hereby repealed or modified accordingly.
SECTION 37. Effectivity Clause. – This Act shall take effect
fifteen (15) days after the completion of its publication in
the Official Gazette or in any two (2) newspapers of general
circulation.
RA No 7279 | Urban Development
and Housing Act of 1992
As amended by RA No 9397, 10884
March 24, 1992
AN ACT TO PROVIDE FOR A
COMPREHENSIVE AND CONTINUING
URBAN DEVELOPMENT AND HOUSING
PROGRAM, ESTABLISH THE
MECHANISM
FOR ITS IMPLEMENTATION, AND
FOR OTHER PURPOSES
ARTICLE I Title, Policy, Program
and Definition of Terms
SECTION 1. Title. — This Act shall be known as the
"Urban Development and Housing Act of 1992."
SECTION 2. Declaration of State Policy and Program
Objectives. — It shall be the policy of the State to
undertake, in cooperation with the private sector, a
comprehensive and continuing Urban Development and
Housing Program, hereinafter referred to as the
Program, which shall:
(a) Uplift the conditions of the underprivileged and
homeless citizens in urban areas and in resettlement
areas by making available to them decent housing at
affordable cost, basic services, and employment
opportunities;
(b) Provide for the rational use and development of
urban land in order to bring about the following:
(1) Equitable utilization of residential lands in urban
and urbanizable areas with particular attention to the
needs and requirements of the underprivileged and
homeless citizens and not merely on the basis of market
forces;
(2) Optimization of the use and productivity of land
and urban resources;
(3) Development of urban areas conducive to
commercial and industrial activities which can generate
more economic opportunities for the people;
(4) Reduction in urban dysfunctions, particularly
those that adversely affect public health, safety and
ecology; and
(5) Access to land and housing by the
underprivileged and homeless citizens;
(c) Adopt workable policies to regulate and direct
urban growth and expansion towards a dispersed urban
net and more balanced urban-rural interdependence;
(d) Provide for an equitable land tenure system that
shall guarantee security of tenure to Program
beneficiaries but shall respect the rights of small property
owners and ensure the payment of just compensation;
(e) Encourage more effective people's participation
in the urban development process; and
(f) Improve the capability of local government units
in undertaking urban development and housing
programs and projects.
SECTION 3. Definition of Terms. — For purposes of
this Act:
(a) "Affordable cost" refers to the most reasonable
price of land and shelter based on the needs and
financial capability of Program beneficiaries and
appropriate financing schemes;
(b) "Areas for priority development" refers to those
areas declared as such under existing statutes and
pertinent executive issuances. cda
(c) "Blighted lands" refers to the areas where the
structures are dilapidated, obsolete and unsanitary,
tending to depreciate the value of the land and prevent
normal development and use of the area.
(d) "Consultation" refers to the constitutionally
mandated process whereby the public, on their own or
through people's organizations, is provided an
opportunity to be heard and to participate in the
decision-making process on matters involving the
protection and promotion of its legitimate collective
interests, which shall include appropriate
documentation and feedback mechanisms;
(e) "Idle lands" refers to non-agricultural lands in
urban and urbanized areas on which no improvements,
as herein defined, have been made by the owner, as
certified by the city, municipal or provincial assessor;
(f) "Improvements" refers to all types of buildings and
residential units, walls, fences, structures or constructions
of all kinds of a fixed character or which are adhered to
the soil but shall not include trees, plants and growing
fruits, and other fixtures that are mere superimpositions
on the land, and the value of improvements shall not be
less than fifty percent (50%) of the assessed value of the
property;
(g) "Joint venture" refers to the commitment or
agreement by two (2) or more persons to carry out a
specific or single business enterprise for their mutual
benefit, for which purpose they combine their funds, land
resources, facilities and services;
 (h) "Land assembly or consolidation" refers to the
acquisition of lots of varying ownership through purchase
or expropriation of the purpose of planned and rational
development and socialized housing programs without
individual property boundary restrictions;
(i) "Land banking" refers to the acquisition of land at
values based on existing use in advance of actual need to
promote planned development and socialized housing
programs;
(j) "Land swapping" refers to the process of land
acquisition by exchanging land for another piece of land
of equal value, or for shares of stock in a government or
quasi-government corporation whose book value is of
equal value to the land being exchanged, for the purpose
of planned and rational development and provision for
socialized housing where land values are determined
based on land classification, market value and assessed
value taken from existing tax declarations: Provided,
That more valuable lands owned by private persons may
be exchanged with less valuable lands to carry out the
objectives of this Act;
(k) "Land use plan" refers to the rational approach of
allocating available land resources as equitably as
possible among competing user groups and for different
functions consistent with the development plan of the
area and the Program under this Act;
(l) "On-site development" refers to the process of
upgrading and rehabilitation of blighted and slum urban
areas with a view of minimizing displacement of dwellers
in said areas, and with provisions for basic services as
provided for in Section 21 hereof; cdtai
(m) "Professional squatters" refers to individuals or
groups who occupy lands without the express consent of
the landowner and who have sufficient income for
legitimate housing. The term shall also apply to persons
who have previously been awarded homelots or housing
units by the Government but who sold, leased or
transferred the same to settle illegally in the same place
or in another urban area, and non-bona fide occupants
and intruders of lands reserved for socialized housing. The
term shall not apply to individuals or groups who simply
rent land and housing from professional squatters or
squatting syndicates;
(n) "Resettlement areas" refers to areas identified by
the appropriate national agency or by the local
government unit with respect to areas within its
jurisdiction, which shall be used for the relocation of the
underprivileged and homeless citizens;
(o) "Security of tenure" refers to the degree of
protection afforded to qualified Program beneficiaries
against infringement or unjust, reasonable and arbitrary
eviction or disposition, by virtue of the right of ownership,
lease agreement, usufruct and other contractual
arrangements;
(p) "Slum Improvement and Resettlement Program
or SIR" refers to the program of the National Housing
Authority of upgrading and improving blighted squatter
areas outside of Metro Manila pursuant to existing
statutes and pertinent executive issuances;
(q) "Small property owners" refers to those whose only
real property consists of residential lands not exceeding
three hundred square meters (300 sq.m.) in highly
urbanized cities and eight hundred square meters (800
sq.m.) in other urban areas;
(r) 'Socialized housing' refers to housing programs
and projects covering houses and lots or homelots only,
or residential condominium units undertaken by the
government or the private sector for the underprivileged
and homeless citizens which shall include sites and
services development, long-term financing, liberalized
terms on interest payments, and such other benefits in
© Compiled by RGL
accordance with the provisions of this Act. (Balanced
Housing Development Program Amendments, Republic
Act No. 10884, [July 17, 2016])
(s) "Squatting syndicates" refers to groups of persons
engaged in the business of squatter housing for profit or
gain;
(t) "Underprivileged and homeless citizens" refers to
the beneficiaries of this Act and to individuals or families
residing in urban and urbanizable areas whose income or
combined household income falls within the poverty
threshold as defined by the National Economic and
Development Authority and who do not own housing
facilities. This shall include those who live in makeshift
dwelling units and do not enjoy security of tenure;
(u) "Unregistered or abandoned lands" refers to lands
in urban and urbanizable areas which are not registered
with the Register of Deeds, or with the city or municipal
assessor's office concerned, or which are uninhabited by
the owner and have not been developed or devoted for
any useful purpose, or appears unutilized for a period of
three (3) consecutive years immediately prior to the
issuance and receipt or publication of notice of
acquisition by the government as provided under this
Act. It does not include land which has been abandoned
by reason of force majeure or any other fortuitous event:
Provided, That prior to such event, such land was
previously used for some useful or economic purpose;
(v) "Urban areas" refers to all cities regardless of
their population density and to municipalities with a
population density of at least five hundred (500) persons
per square kilometer; cd
(w) "Urbanizable areas" refers to sites and lands
which, considering present characteristics and prevailing
conditions, display marked and great potential of
becoming urban areas within the period of five (5) years;
and
(x) "Zonal Improvement Program or ZIP" refers to
the program of the National Housing Authority of
upgrading and improving blighted squatters areas within
the cities and municipalities of Metro Manila pursuant to
existing statutes and pertinent executive issuances.
ARTICLE II Coverage and Exemptions
SECTION 4. Coverage. — The Program shall cover all
lands in urban and urbanizable areas, including existing
areas for priority development, zonal improvement sites,
slum improvement and resettlement sites, and in other
areas that may be identified by the local government
units as suitable for socialized housing.
SECTION 5. Exemptions. — The following lands shall
be exempt from the coverage of this Act:
(a) Those included in the coverage of Republic Act
No. 6657, otherwise known as the Comprehensive
Agrarian Reform Law;
(b) Those actually used for national defense and
security of the State;
(c) Those used, reserved or otherwise set aside for
government offices, facilities and other installations,
whether owned by the national government, its agencies
and instrumentalities, including government-owned or
-controlled corporations, or by the local government
units: Provided, however, That the lands herein
mentioned, or portions thereof, which have not been
used for the purpose for which they have been reserved
or set aside for the past ten (10) years from the effectivity
of this Act, shall be covered by this Act;
(d) Those used or set aside for parks, reserves for flora
and fauna, forests and watersheds, and other areas
necessary to maintain ecological balance or
150 of 188
environmental protection, as determined and certified
to by the proper government agency; and
(e) Those actually and primarily used for religious,
charitable, or educational purposes, cultural and
historical sites, hospitals and health centers, and
cemeteries or memorial parks.
The exemptions herein provided shall not apply
when the use or purpose of the abovementioned lands
has ceased to exist.
ARTICLE III National Urban
Development and Housing Framework
SECTION 6. Framework for Rational Development. —
There shall be a National Urban Development and
Housing Framework to be formulated by the Housing
and Land Use Regulatory Board under the direction of
the Housing and Urban Development Coordinating
Council in coordination with all local government units
and other concerned public and private sectors within
one (1) year from the effectivity of this Act.
The Framework shall refer to the comprehensive plan
for urban and urbanizable areas aimed at achieving the
objectives of the Program. In the formulation of the
Framework, a review and rationalization of existing town
and land use plans, housing programs, and all other
projects and activities of government agencies and the
private sectors which may substantially affect urban land
use patterns, transportation and public utilities,
infrastructure, environment and population movement
shall be undertaken with the concurrence of the local
government units concerned.
ARTICLE IV Land Use,
Inventory, Acquisition and
Disposition
SECTION 7. Inventory of Lands. — Within one (1) year
from the effectivity of this Act, all city and municipal
governments shall conduct an inventory of all lands and
improvements thereon within their respective localities.
The inventory shall include the following: cdtai
(a) Residential lands;
(b) Government-owned lands, whether owned by the
national government or any of its subdivisions,
instrumentalities, or agencies, including
government-owned or -controlled corporations and their
subsidiaries;
(c) Unregistered or abandoned and idle lands; and
(d) Other lands.
In conducting the inventory, the local government
units concerned, in coordination with the Housing and
Land Use Regulatory Board and with the assistance of
the appropriate government agencies, shall indicate the
type of land use and the degree of land utilization, and
other data or information necessary to carry out the
purposes of this Act.
For planning purposes, the Housing and Urban
Development Coordinating Council shall be furnished by
each local government unit a copy of its inventory which
shall be updated every three (3) years.
SECTION 8. Identification of Sites for Socialized
Housing. — After the inventory the local government
units, in coordination with the National Housing
Authority, the Housing and Land Use Regulatory Board,
the National Mapping Resource Information Authority,
and the Land Management Bureau, shall identify lands
for socialized housing and resettlement areas for the
immediate and future needs of the underprivileged and
homeless in the urban areas, taking into consideration
and degree of availability of basic services and facilities,
their accessibility and proximity of jobs sites and other
economic opportunities, and the actual number of
registered beneficiaries.
Government-owned lands under paragraph (b) of
the preceding section which have not been used for the
purpose for which they have been reserved or set aside
for the past ten (10) years from the effectivity of this Act
and identified as suitable for socialized housing, shall
immediately be transferred to the National Housing
Authority subject to the approval of the President of the
Philippines or by the local government unit concerned,
as the case may be, for proper disposition in accordance
with this Act.
SECTION 9. Priorities in the Acquisition of Land. —
Lands for socialized housing shall be acquired in the
following order:
(a) Those owned by the government or any of its
subdivisions, instrumentalities, or agencies, including
government-owned or -controlled corporations and their
subsidiaries;
(b) Alienable lands of the public domain;
(c) Unregistered or abandoned and idle lands;
(d) Those within the declared Areas for Priority
Development, Zonal Improvement Program sites, and
Slum Improvement and Resettlement Program sites
which have not yet been acquired;
(e) Bagong Lipunan Improvement of Sites and
Services or BLISS sites which have not yet been acquired;
and
(f) Privately-owned lands.
Where on-site development is found more
practicable and advantageous to the beneficiaries, the
priorities mentioned in this section shall not apply. The
local government units shall give budgetary priority to on-
site development of government lands.
SECTION 10. Modes of Land Acquisition. — The modes
of acquiring lands for purposes of this Act shall include,
among others, community mortgage, land swapping,
land assembly or consolidation, land banking, donation to
the Government, joint-venture agreement, negotiated
purchase, and expropriation: Provided, however, That
expropriation shall be resorted to only when other modes
of acquisition have been exhausted: Provided, further,
That where expropriation is resorted to, parcels of land
owned by small property owners shall be exempted for
purposes of this Act: Provided, finally, That abandoned
property, as herein defined, shall be reverted and
escheated to the State in a proceeding analogous to the
procedure laid down in Rule 91 of the Rules of Court. acd
For the purpose of socialized housing, government-
owned and foreclosed properties shall be acquired by
the local government units, or by the National Housing
Authority primary through negotiated purchase:
Provided, That qualified beneficiaries who are actual
occupants of the land shall be given the right of first
refusal.
SECTION 11. Expropriation of Idle Lands. — All idle
lands in urban and urbanizable areas, as defined and
identified in accordance with this Act, shall be
expropriated and shall form part of the public domain.
These lands shall be disposed of or utilized by the
Government for such purposes that conform with their
land use plans. Expropriation proceedings shall be
instituted if, after the lapse of one (1) year following
receipt of notice of acquisition, the owner fails to
introduce improvements as defined in Section 3(f) hereof,
except in the case of force majeure and other fortuitous
events. Exempted from this provision, however, are
residential lands owned by small property owners or
those the ownership of which is subject of a pending
litigation.
 SECTION 12. Disposition of Lands for Socialized
Housing. — The National Housing Authority, with respect
to lands belonging to the National Government, and the
local government units with respect to the other lands
within their respective localities, shall coordinate with
each other to formulate and make available various
alternative schemes for the disposition of lands to the
beneficiaries of the Program. These schemes shall not be
limited to those involving transfer of ownership in fee
simple but shall include lease, with option to purchase,
usufruct or such other variations as the local government
units or the National Housing Authority may deem most
expedient in carrying out the purposes of this Act.
Consistent with this provision, a scheme for public
rental housing may be adopted.
Disposition of lands, including any improvements
thereon, owned by the National Government or any of its
agencies or instrumentalities and/or the local
government units through direct negotiated sale to the
occupants thereof without need of public bidding shall
be allowed subject to the following conditions:
a) The lands are within a residential zone as classified
by the local government unit concerned;
b) The lands are certified to be for socialized housing
purpose by the Housing and Urban Development
Coordinating Council;
c) The occupants are qualified beneficiaries in
accordance with Section 16 and are registered as such in
accordance with Section 17 of this Act;
d) The cost of said lands shall be made affordable to
the beneficiaries, taking into consideration their income
and land valuation required in Section 13 of this Act;
e) Any subsequent disposition of the said lands shall
be subject to the limitations provided in Section 14 of this
Act; and
f) The occupants have resided on the said lands
subject to the prohibitions provided in Section 30 of this
Act. (Amendment to Section 12 (Disposition of Lands for
Socialized Housing) of R.A. No. 7279 , Republic Act No.
9397, [March 18, 2007])
SECTION 13. Valuation of Lands for Socialized
Housing. — Equitable land valuation guidelines for
socialized housing shall be set by the Department of
Finance on the basis of the market value reflected in the
zonal valuation, or in its absence, on the latest real
property tax declaration.
For site already occupied by qualified Program
beneficiaries, the Department of Finance shall factor into
the valuation the blighted status of the lands as certified
by the local government unit or the National Housing
Authority.
SECTION 14. Limitations on the Disposition of Lands
for Socialized Housing. — No land for socialized housing,
including improvements or rights thereon, shall be sold,
alienated, conveyed, encumbered or leased by any
beneficiary of this Program except to qualified Program
beneficiaries as determined by the government agency
concerned.
Should the beneficiary unlawfully sell, transfer, or
otherwise dispose of his lot or any right thereon, the
transaction shall be null and void. He shall also lose his
right to the land, forfeit the total amortization paid
thereon, and shall be barred from the benefits under this
Act for a period of ten (10) years from the date of violation.
In the event the beneficiary dies before full
ownership of the land is vested on him, transfer to his
heirs shall take place only upon their assumption of his
outstanding obligations. In case of failure by the heirs to
assume such obligations, the land shall revert to the
Government for disposition in accordance with this Act.
ARTICLE V Socialized Housing
SECTION 15. Policy. — Socialized housing, as defined
in Section 3 hereof, shall be the primary strategy in
providing shelter for the underprivileged and homeless.
However, if the tenurial arrangement in a particular
socialized housing program is in the nature of leasehold
or usufruct, the same shall be transitory and the
beneficiaries must be encouraged to become
independent from the Program within a given period of
time, to be determined by the implementing agency
concerned.
SECTION 16. Eligibility Criteria for Socialized Housing
Program Beneficiaries. — To qualify for the socialized
housing program, a beneficiary:
(a) Must be a Filipino citizen;
(b) Must be an underprivileged and homeless citizen,
as defined in Section 3 of this Act;
(c) Must not own any real property whether in the
urban or rural areas; and
(d) Must not be a professional squatter or a member
of squatting syndicates.
SECTION 17. Registration of Socialized Housing
Beneficiaries. — The Housing and Urban Development
Coordinating Council, in coordination with the local
government units, shall design a system for the
registration of qualified Program beneficiaries in
accordance with the Framework. The local government
units, within one (1) year from the effectivity of this Act,
shall identify and register all beneficiaries within their
respective localities.
SECTION 18. Balanced Housing Development. — The
Program shall include a system to be specified in the
Framework plan whereby owners and/or developers of
proposed subdivision and condominium projects shall be
required to develop an area for socialized housing
equivalent to at least fifteen percent (15%) of the total
subdivision area or total subdivision project cost and at
least five percent (5%) of condominium area or project
cost, at the option of the developer, in accordance with
the standards as provided by law: Provided,That proposed
socialized subdivision projects and proposed socialized
condominium projects shall be exempt from this
requirement. For this purpose, the Housing and Urban
Development Coordinating Council and the National
Economic and Development Authority shall jointly
determine and set separate socialized housing price
ceilings for socialized subdivision and socialized
condominium projects which shall be mandatorily
reviewed or revised every two (2) years. The balanced
housing development as herein required may also be
complied with by the owners and/or developers
concerned in any of the following manner:
(a) Development of socialized housing in a new
settlement;
(b) Joint-venture projects for socialized housing
with either the local government units or any of the
housing agencies or with another private developer, or
with a nongovernmental organization engaged in the
provision of socialized housing and duly accredited by
the Housing and Land Use Regulatory Board, but if the
developer has failed to complete the development of
the project, the owner and/or developer of the main
subdivision or condominium project shall be solidarily
liable only to the extent of compliance to the balanced
housing requirement regardless of the provisions of their
joint venture agreement; or
(c) Participation in a new project under the
community mortgage program.
The Housing and Land Use Regulatory Board is
hereby mandated to submit to Congress an annual report
on the compliance hereof by the owners and/or
developers of subdivision and condominium projects.
Any person violating any provision of this section
shall be imposed a fine of not less than five hundred
thousand pesos (P500,000.00),for the first offense;
suspension of license to do business for a period of three
(3) to six (6) months and a fine of not less than five
hundred thousand pesos (P500,000.00),for the second
offense; and cancellation of license to do business for the
third offense.
(Balanced Housing Development Program
Amendments, Republic Act No. 10884, [July 17, 2016])
SECTION 19. Incentives for the National Housing
Authority. — The National Housing Authority, being the
primary government agency in charge of providing
housing for the underprivileged and homeless, shall be
exempted from the payment of all fees and charges of
any kind, whether local or national, such as income and
real estate taxes. All documents or contracts executed by
and in favor of the National Housing Authority shall also be
exempt from the payment of documentary stamp tax and
registration fees, including fees required for the issuance of
transfer certificates of titles.
SECTION 20. Incentives for Private Sector
Participating in Socialized Housing. — To encourage
greater private sector participation in socialized housing
and further reduce the cost of housing units for the
benefit of the underprivileged and homeless, the
following incentives shall be extended to the private
sector:
(a) Reduction and simplification of qualification
and accreditation requirements for participating private
developers;
(b) Creation of one-stop offices in the different
regions of the country for the processing, approval and
issuance of clearances, permits and
licenses:Provided,That clearances, permits and licenses
shall be issued within ninety (90) days from the date of
submission of all requirements by the participating
private developers;
(c) Simplification of financing procedures; and
(d) Exemption from the payment of the following:
(1) Project-related income taxes;
(2) Capital gains tax on raw lands used for the
project;
(3) Value-added tax for the project contractor
concerned;
(4) Transfer tax for both raw completed projects;
and
(5) Donor's tax for lands certified by the local
government units to have been donated for socialized
housing purposes.
Provided,That a socialized housing certification
issued by the Housing and Land Use Regulatory Board
shall be sufficient for the purpose of availment of tax
exemption: Provided, further,That upon application for
exemption, a lien on the title of the land shall be
annotated by the Register of Deeds: Provided,
furthermore,That the socialized housing development
plan has already been approved by the appropriate
government agencies concerned: Provided, finally,That all
the savings realized by virtue of this provision shall accrue
in favor of the beneficiaries subject to the implementing
guidelines to be issued by the Housing and Urban
Development Coordinating Council.
(Balanced Housing Development Program
Amendments, Republic Act No. 10884, [July 17, 2016])
SECTION 21. Basic Services. — Socialized housing or
resettlement areas shall be provided by the local
government unit or the National Housing Authority in
cooperation with the private developers and concerned
agencies with the following basic services and facilities:
(a) Potable water;
(b) Power and electricity and an adequate power
distribution system;
(c) Sewerage facilities and an efficient and adequate
solid waste disposal system; and
(d) Access to primary roads and transportation
facilities.
The provisions of other basic services and facilities
such as health, education, communications, security,
recreation, relief and welfare shall be planned and shall
be given priority for implementation by the local
government unit and concerned agencies in cooperation
with the private sector and the beneficiaries themselves.
The local government unit, in coordination with the
concerned national agencies, shall ensure that these
basic services are provided at the most cost-efficient
rates, and shall set as mechanism to coordinate
operationally the thrusts, objectives and activities of
other government agencies concerned with providing
basic services to housing projects.
SECTION 22. Livelihood Component. — To extent
feasible, socialized housing and resettlement projects
shall be located near areas where employment
opportunities are accessible. The government agencies
dealing with the development of livelihood programs and
grant of livelihood loans shall give priority to the
beneficiaries of the Program.
SECTION 23. Participation of Beneficiaries. — The
local government units, in coordination with the
Presidential Commission for the Urban Poor and
concerned government agencies, shall afford Program
beneficiaries or their duly designated representatives an
opportunity to be heard and to participate in the decision-
making process over matters involving the protection and
promotion of their legitimate collective interest which shall
include appropriate documentation and feedback
mechanisms. They shall also be encouraged to organize
themselves and undertake self-help cooperative housing
and other livelihood activities. They shall assist the
government in preventing the incursions of professional
squatters and members of squatting syndicates into their
communities.
In instances when the affected beneficiaries have
failed to organize themselves or form an alliance within
a reasonable period prior to the implementation of the
program or projects affecting them, consultation
between the implementing agency and the affected
beneficiaries shall be conducted with the assistance of
the Presidential Commission for the Urban Poor and the
concerned nongovernment organization.
SECTION 24. Consultation with Private Sector. —
Opportunities for adequate consultation shall be
accorded to the private sector involved in socialized
housing project pursuant to this Act.
ARTICLE VI Areas for Priority
Development, Zonal Improvement
Program Sites and Slum Improvement
and Resettlement Program Sites
SECTION 25. Benefits. — In addition to the benefits
provided under existing laws and other related issuance
to occupants of areas for priority development, zonal
improvement program sites and slum improvement and
resettlement program sites, such occupants shall be
entitled to priority in all government projects initiated
pursuant to this Act. They shall also be entitled to the
following support services:
(a) Land surveys and titling at minimal cost;
 (b) Liberalized terms on credit facilities and housing
loans and one hundred percent (100%) deduction from
every homebuyer's gross income tax of all interest
payments made on documents loans incurred for the
construction or purchase of the homebuyer's house;
(c) Exemption from the payment of documentary
stamp tax, registration fees, and other fees for the
issuance of transfer certificate of titles;
(d) Basic services as provided for in Section 21 of this
Act; and
(e) Such other benefits that may arise from the
implementation of this Act.
ARTICLE VII Urban Renewal
and Resettlement
SECTION 26. Urban Renewal and Resettlement. —
This shall include the rehabilitation and development of
blighted and slum areas and the resettlement of
Program beneficiaries in accordance with the provisions
of this Act. On-site development shall be implemented
whenever possible in order to ensure minimum
movement of occupants of blighted lands and slum
areas. The resettlement of the beneficiaries of the
Program from their existing places of occupancy shall be
undertaken only when on-site development is not
feasible and after compliance with the procedures laid
down in Section 28 of this Act. aisa dc
SECTION 27. Action Against Professional Squatters
and Squatting Syndicates. — The local government units,
in cooperation with the Philippine National Police, the
Presidential Commission for the Urban Poor (PCUP), and
the PCUP-accredited urban poor organization in the
area, shall adopt measures to identify and effectively
curtail the nefarious and illegal activities of professional
squatters and squatting syndicates, as herein defined.
Any person or group identified as such shall be
summarily evicted and their dwellings or structures
demolished, and shall be disqualified to avail of the
benefits of the Program. A public official who tolerates
or abets the commission of the abovementioned acts
shall be dealt with in accordance with existing laws.
For purposes of this Act, professional squatters or
members of squatting syndicates shall be imposed the
penalty of six (6) years imprisonment or a fine of not less
than Sixty thousand pesos (P60,000.00) but not more
than One hundred thousand pesos (P100,000), or both, at
the discretion of the court.
SECTION 28. Eviction and Demolition. — Eviction or
demolition as a practice shall be discouraged. Eviction or
demolition, however, may be allowed under the following
situations:
(a) When persons or entities occupy danger areas
such as esteros, railroad tracks, garbage dumps,
riverbanks, shorelines, waterways, and other public places
such as sidewalks, roads, parks, and playgrounds;
(b) When government infrastructure projects with
available funding are about to be implemented; or
(c) When there is a court order for eviction and
demolition.
In the execution of eviction or demolition orders
involving underprivileged and homeless citizens, the
following shall be mandatory:
(1) Notice upon the effected persons or entities at
least thirty (30) days prior to the date of eviction or
demolition;
(2) Adequate consultations on the matter of
settlement with the duly designated representatives of
the families to be resettled and the affected communities
in the areas where they are to be relocated;
(3) Presence of local government officials or their
representatives during eviction or demolition;
(4) Proper identification of all persons taking part in
the demolition;
(5) Execution of eviction or demolition only during
regular office hours from Mondays to Fridays and during
good weather, unless the affected families consent
otherwise;
(6) No use of heavy equipment for demolition except
for structures that are permanent and of concrete
materials;
(7) Proper uniforms for members of the Philippine
National Police who shall occupy the first line of law
enforcement and observe proper disturbance control
procedures; and
(8) Adequate relocation, whether temporary or
permanent: Provided, however, That in cases of eviction
and demolition pursuant to a court order involving
underprivileged and homeless citizens, relocation shall
be undertaken by the local government unit concerned
and the National Housing Authority with the assistance
of other government agencies within forty-five (45) days
from service of notice of final judgment by the court,
after which period the said order shall be executed:
Provided, further, That should relocation not be possible
within the said period, financial assistance in the amount
equivalent to the prevailing minimum daily wage
multiplied by sixty (60) days shall be extended to the
affected families by the local government unit
concerned.
The Department of the Interior and Local
Government and the Housing and Urban Development
Coordinating Council shall jointly promulgate the
necessary rules and regulations to carry out the above
provision.
SECTION 29. Resettlement. — Within two (2) years
from the effectivity of this Act, the local government
units, in coordination with the National Housing
Authority, shall implement the relocation and
resettlement of persons living in danger areas such as
esteros, railroad tracks, garbage dumps, riverbanks,
shorelines, waterways, and in other public places as
sidewalks, roads, parks, and playgrounds. The local
government unit, in coordination with the National
Housing Authority, shall provide relocation or
resettlement sites with basic services and facilities and
access to employment and livelihood opportunities
sufficient to meet the basic needs of the affected
families.
SECTION 30. Prohibition Against New Illegal
Structures. — It shall be unlawful for any person to
construct any structure in areas mentioned in the
preceding section.
After the effectivity of this Act, the barangay, municipal
or city government units shall prevent the construction of
any kind of illegal dwelling units of structures within their
respective localities. The head of any local government unit
concerned who allows, abets or otherwise tolerates the
construction of any structure in violation of this section
shall be liable to administrative sanctions under existing
laws and to penal sanctions provided for in this Act.
ARTICLE VIII Community Mortgage
Program
SECTION 31. Definition. — The Community Mortgage
Program (CMP) is a mortgage financing program of the
National Home Mortgage Finance Corporation which
assists legally organized associations of underprivileged
and homeless citizens to purchase and develop a tract of
land under the concept of community ownership. The
primary objective of the program is to assist residents of
blighted or depressed areas to own the lots they occupy,
or where they choose to relocate to, and eventually
improve their neighborhood and homes to the extent of
their affordability. casia
SECTION 32. Incentives. — To encourage its wider
implementation, participants in the CMP shall be granted
with the following privileges or incentives:
(a) Government-owned or -controlled corporations
and local government units, may dispose of their idle
lands suitable for socialized housing under the CMP
through negotiated sale at prices based on acquisition
cost plus financial carrying costs;
(b) Properties sold under the CMP shall be exempted
from the capital gains tax; and
(c) Beneficiaries under the CMP shall not be evicted
nor dispossessed of their lands or improvements unless
they have incurred arrearages in payments of
amortizations for three (3) months.
SECTION 33. Organization of Beneficiaries. —
Beneficiaries of the Program shall be responsible for
their organization into associations to manage their
subdivisions or places of residence, to secure housing
loans under existing Community Mortgage Program and
such other projects beneficial to them. Subject to such
rules and regulations to be promulgated by the National
Home Mortgage Finance Corporation, associations
organized pursuant to this Act may collectively acquire
and own lands covered by this Program. Where the
beneficiaries fail to form an association by and among
themselves, the National Home Mortgage Finance
Corporation shall initiate the organization of the same in
coordination with the Presidential Commission for the
Urban Poor and the local government units concerned.
No person who is not a bona fide resident of the area
shall be a member or officer of such association.
ARTICLE IX Related Strategies
SECTION 34. Promotion of Indigenous Housing
Materials and Technologies. — The local government
units, in cooperation with the National Housing Authority,
Technology and Livelihood Resource Center, and other
concerned agencies, shall promote the production and
use of indigenous, alternative, and low-cost construction
materials and technologies for socialized housing.
SECTION 35. Transport System. — The local
government units, in coordination with the Departments
of Transportation and Communications, Budget and
Management, Trade and Industry, Finance, and Public
Works and Highways, the Home Insurance Guaranty
Corporation, and other concerned government agencies,
shall devise a set of mechanisms including incentives to
the private sector so that a viable transport system shall
evolve and develop in the urban areas. It shall also
formulate standards designed to attain these objectives:
(a) Smooth flow of traffic;
(b) Safety and convenience of travel;
(c) Minimum use of land space;
(d) Minimum damage to the physical environment;
and
(e) Adequate and efficient transport service to the
people and goods at minimum cost.
SECTION 36. Ecological Balance. — The local
government units shall coordinate with the Department
of Environment and Natural Resources in taking
measures that will plan and regulate urban activities for
the conservation and protection of vital, unique and
sensitive ecosystems, scenic landscapes, cultural sites
and other similar resource areas.
To make the implementation of this function more
effective, the active participation of the citizenry in
environmental rehabilitation and in decision-making
process shall be promoted and encouraged. The local
government units shall recommend to the
Environmental and Management Bureau the immediate
closure of factories, mines and transport companies
which are found to be causing massive pollution.
SECTION 37. Population Movements. — The local
government units shall set up an effective mechanism,
together with the appropriate agencies like the
Population Commission, the National Economic and
Development Authority and the National Statistics Office,
to monitor trends in the movements of population from
rural to urban, urban to urban, and urban to rural areas.
They shall identify measures by which such movements
can be influenced to achieve balance between urban
capabilities and population, to direct appropriate
segments of the population into areas where they can
have access to opportunities to improve their lives and to
contribute to national growth and recommend proposed
legislation to Congress, if necessary. casia
The Population Commission, the National Economic
and Development Authority, and the National Statistics
Office shall likewise provide advanced planning
information to national and local government planners
on population projections and the consequent level of
services needed in particular urban and urbanizable
areas. This service will include early-warning systems on
expected dysfunctions in a particular urban area due to
population increases, decreases, or age structure
changes.
SECTION 38. Urban-rural Interdependence. — To
minimize rural to urban migration and pursue urban
decentralization, the local government units shall
coordinate with the National Economic and
Development Authority and other government agencies
in the formulation of national development programs
that will stimulate economic growth and promote
socioeconomic development in the countryside.
ARTICLE X Program Implementation
SECTION 39. Role of Local Government Units. — The
local government units shall be charged with the
implementation of this Act in their respective localities,
in coordination with the Housing and Urban
Development Coordinating Council, the national housing
agencies, the Presidential Commission for the Urban
Poor, the private sector and other nongovernment
organizations.
They shall prepare a comprehensive land use plan
for their respective localities in accordance with the
provisions of this Act.
SECTION 40. Role of Government Housing Agencies.
— In addition to their respective existing powers and
functions, and those provided for in this Act, the
hereunder mentioned housing agencies shall perform
the following:
(a) The Housing and Urban Development
Coordinating Council shall, through the key housing
agencies, provide local government units with necessary
support such as:
(1) Formulation of standards and guidelines as well as
providing technical support in the preparation of town
and land use plans;
(2) In coordination with the National Economic and
Development Authority and the National Statistics
Office, provide data and information for forward-
planning by the local government units in their areas,
particularly on projections as to the population and
development trends in their localities and the
corresponding investment programs needed to provide
appropriate types and levels of infrastructure, utilities,
services and land use patterns; and cda
 (3) Assistance in obtaining funds and other resources
needed in the urban development and housing
programs in their areas of responsibility.
(b) The National Housing Authority, upon request of
local government units, shall provide technical and other
forms of assistance in the implementation of their
respective urban development and housing programs
with the objective of augmenting and enhancing local
government capabilities in the provision of housing
benefits to their constituents;
(c) The National Home Mortgage Finance
Corporation shall administer the Community Mortgage
Program under this Act and promulgate rules and
regulations necessary to carry out the provisions of this
Act; and
(d) The Home Insurance Guaranty Corporation shall
design an appropriate guarantee scheme to encourage
financial institutions to go into direct lending for
housing.
SECTION 41. Annual Report. — The Housing and
Urban Development Coordinating Council and the local
government units shall submit a detailed annual report
with respect to the implementation of this Act to the
President and the Congress of the Republic of the
Philippines.
ARTICLE XI Funding
SECTION 42. Funding. — Funds for the urban
development and housing program shall come from the
following sources:
(a) A minimum of fifty percent (50%) from the annual
net income of the Public Estate Authority, to be used by
the National Housing Authority to carry out its programs
of land acquisition for resettlement purposes under this
Act;
ARTICLE XIII Common Provisions
SECTION 45. Penalty Clause. — Any person who
violates any provision of this Act shall be imposed the
penalty of not more than six (6) years of imprisonment
or a fine of not less than Five thousand pesos (P5,000)
but not more than One hundred thousand pesos
(P100,000), or both, at the discretion of the court:
Provided, That, if the offender is a corporation,
partnership, association or other juridical entity, the
penalty shall be imposed on the officer or officers of said
corporation, partnership, association or juridical entity
who caused the violation.
SECTION 46. Appropriations. — The amount necessary
to carry out the purposes of this Act shall be included in
the annual budget of implementing agencies in the
General Appropriations Act of the year following its
enactment into law and every year thereafter.
SECTION 47. Separability Clause. — If for any reason,
any provision of this Act is declared invalid or
unconstitutional, the remaining provisions not affected
thereby shall continue to be in full force and effect.
SECTION 48. Repealing Clause. — All laws, decrees,
executive orders, proclamations, rules and regulations,
and other issuances, or parts thereof which are
inconsistent with the provisions of this Act, are hereby
repealed or modified accordingly. cda
SECTION 49. Effectivity Clause. — This Act shall take
effect upon its publication in at least two (2) national
newspapers of general circulation.
Approved: March 24, 1992
Published in the Philippine Times Journal and
Malaya on March 28, 1992. Published in the Official
Gazette, Vol. 88 No. 18 page 2556 on May 4, 1992.

(b) Proceeds from the disposition of ill-gotten Act and for cases enumerated in Section 28 hereof.
wealth, not otherwise previously set aside for any other
purpose, shall be applied to the implementation of this
Act and shall be administered by the National Home
Mortgage Finance Corporation;

(c) Loans, grants, bequests and donations, whether

from local or foreign sources;

(d) Flotation of bonds, subject to the guidelines to be

set by the Monetary Board;

(e) Proceeds from the social housing tax and, subject

to the concurrence of the local government units
concerned, idle lands tax as provided in Section 236 of
the Local Government Code of 1991 and other existing
laws;

(f) Proceeds from the sale or disposition of alienable

public lands in urban areas; and

(g) Domestic and foreign investment or financing

through appropriate arrangements like the build-
operate-and-transfer scheme.

SECTION 43. Socialized Housing Tax. — Consistent

with the constitutional principle that the ownership and
enjoyment of property bear a social function and to raise
funds for the Program, all local government units are
hereby authorized to impose an additional one-half
percent (0.5%) tax on the assessed value of all lands in
urban areas in excess of Fifty thousand pesos (P50,000).
cdasia
ARTICLE XII Transitory Provisions
SECTION 44. Moratorium on Eviction and Demolition.
— There shall be a moratorium on the eviction of all
Program beneficiaries and on the demolition of their
houses or dwelling units for a period of three (3) years
from the effectivity of this Act: Provided, That the
moratorium shall not apply to those persons who have
constructed their structures after the effectivity of this
 RA No 9184 | Government Procurement
Reform Act
January 10, 2003
AN ACT PROVIDING FOR THE
MODERNIZATION,
STANDARDIZATION AND
REGULATION OF THE
PROCUREMENT ACTIVITIES OF THE
GOVERNMENT AND FOR OTHER
PURPOSES
Be it enacted by the Senate and House of
Representatives of the Philippines in Congress
assembled:

➔ 2016 Revised Rules and

Regulations Implementing the
ARTICLE 1 GENERAL PROVISIONS Government Procurement
Section 1. Short Title.- This act shall be known as the " Reform Act
Government Procurement Reform Act." ➔ Amendment 30 May 2017
Section 2. Declaration of Policy.- It is the declared policy ➔ Amendment 31 July 2017
of the State to promote the ideals of good governance in
all its branches, departments, agencies, subdivisions, and
instrumentalities, including government-owned and/or
-controlled corporations and local government units.
Section 3. Governing Principles on
Government Procurement.
All procurement of the national government, its
departments, bureaus, offices and agencies, including
state universities and colleges, government -owned
and/or-controlled corporations, government financial
institutions and local government units, shall, in all cases,
be governed by these principles:
(a) Transparency in the procurement process and in the
implementation of procurement contracts.
(b) Competitiveness by extending equal opportunity to
enable private contracting parties who are eligible and
qualified to participate in public bidding.
(c) Streamlined procurement process that will uniformly
apply to all government procurement. The procurement
process shall simple and made adaptable to advances in
modern technology in order to ensure an effective and
efficient method.
(d) System of accountability where both the public
officials directly or indirectly involved in the
procurement process as well as in the implementation of
procurement contracts and the private parties that deal
with government are, when warranted by
circumstances, investigated and held liable for their
actions relative thereto.
(e) Public monitoring of the procurement process and
the implementation of awarded contracts with the end
in view of guaranteeing that these contracts are
awarded pursuant to the provisions of this Act and its
implementing rules and regulations, and that all these
contracts are performed strictly according to
specifications.
Section 4. Scope and Application.- This act shall apply to
the Procurement of Infrastructure Projects, Goods and
Consulting Services, regardless of source of funds,
whether local of foreign, by all branches and
instrumentalities of government, its departments,
offices and agencies, including
government-owned and/or-controlled
corporations and local government units, subject to the
provisions of Commonwealth Act No.
138. Any treaty or international or executive agreement
affecting the subject matter of this Act to which the
Philippine government is signatory shall be observed.
Section 5. Definition of Terms.- For purposes of this Act,
the following terms or words and phrases shall mean or
be understood as follows:
(a) Approved Budget for the Contract (ABC) - refers to the
budget for the contract duly approved by the Head of the
Procuring Entity, as provided for in the General
Appropriations Act and/or continuing appropriations, in
the National Government Agencies; the Corporate
Budget for the contract approved by the governing
Boards, pursuant to E.O.No.518, series of 1979, in the case
of Government Financial Institutions and State
Universities and Colleges; and the Budget for the contract
approved by the respective Sanggunian, in the case of
Local Government Units.
(b) BAC - refers to the Bids and Awards Committee
established in accordance with Article V of this Act.
(c) Bidding Documents - refer to documents issued by
the Procuring Entity as the basis for Bids, furnishing all
information necessary for a prospective bidder to prepare
a bid for the Goods, Infrastructure Projects, and
Consulting Services to be provided.
(d) Bid - refers to signed offer or proposal submitted by a
supplier, manufacturer, distributor, contractor or
consultant in response to the Bidding Documents.
(e) Competitive Bidding - refers to a method of
procurement which is open to participation by any
interested party and which consist of the following
processes: advertisement, pre-bid conference, eligibility
screening of bids, evaluations of bids, post - qualification,
and award of contract, the specific requirements and
mechanics of which shall be defined in the IRR to be
promulgated under this Act.
(f) Consulting Services - refer to services for Infrastructure
Projects and other types of projects or activities of the
Government requiring adequate external technical and
professional experts that are beyond the capability and/or
capacity of the government to undertake such as, but not
limited to: (I) advisory and review services; (ii) pre
investment or feasibility studies; (iii) design; (iv)
construction supervision; (v) management and related
services; and (vi) other technical services or special
studies.
(g) G - EPS - refers to the Government Electronic
Procurement System as provided in Section 8 of this Act.
(h) Goods - refer to all items, supplies, materials and
general support services, except consulting services and
infrastructure projects, which may be needed in the
transaction of the public businesses or in the pursuit of
any government undertaking, project or activity, whether
in the nature of equipment, furniture, stationery,
materials for construction, or personal property of any
kind, including non - personal or contractual services
such as the repair and maintenance of equipment and
furniture, as well as trucking, hauling, janitorial, security,
and related or analogous services, as well as procurement
of materials and supplies provided by the procuring entity
or such services.
(i) GPPB - refers to the Government Procurement Policy
Board established in accordance with Article X of this Act.
(j) Head of the Procuring Entity- refers to: (I) the head of
the agency or his duly authorized official, for national
government agencies; (ii) the governing board or its duly
authorized official, for government-owned
and/or-controlled corporations; or (iii) the local chief
executive, for local government units. Provided, That in a
department, office or agency where the procurement is
decentralized, the Head of each decentralized unit shall
be considered as the Head of the Procuring Entity subject
to the limitations and authority delegated by the head of
the department, office or agency.
(k) Infrastructure Projects - include the construction,
improvement, rehabilitation, demolition, repair,
restoration or maintenance of roads and bridges, railways,
airports, seaports, communication facilities, civil works
components of information technology projects,
irrigation, flood control and drainage, water supply,
sanitation, sewerage and solid waste management
systems, shore protection, energy/power and
electrification facilities, national buildings, school
buildings and other related construction projects of the
government.
(l) IRR - refer to the implementing rules and regulations
to be promulgated in accordance with Section 75 of this
Act.
(m) Portal - refers to a website that aggregates a wide
variety of content for the purpose of attracting a large
number of users.
(n) Procurement - refers to the acquisition of Goods,
Consulting Services, and the contracting for
Infrastructure Projects by the Procuring Entity.
Procurement shall also include the lease of goods and
real estate. With respect to real property, its procurement
shall be governed by the provisions of Republic Act
No.8974, entitled "An Act to Facilitate the Acquisition of
Right-of -Way Site or Location of National Government
Infrastructure Projects and for Other Purposes" and other
applicable laws, rules and regulations.
(o) Procuring Entity - refers to any branch, department,
office, agency, or instrumentality of the government,
including state universities and colleges,
government-owned and/or - controlled corporations,
government financial institutions, and local government
units procuring Goods, Consulting Services and
Infrastructure Projects.
Section 6. Standardization of Procurement Process and
Forms.- To systematize the procurement process, avoid
confusion and ensure transparency, the procurement
process, including the forms to be used, shall be
standardized insofar as practicable.
For this purpose, the GPPB shall pursue the
development of generic procurement manuals and
standard bidding forms, the use of which once issued
shall be mandatory upon all Procuring Entities.
ARTICLE II PROCUREMENT PLANNING
Section 7. Procurement Planning and Budgeting
Linkage- All procurement should be within the approved
budget of the Procuring Entity and should be
meticulously and judiciously planned by the Procuring
Entity concerned. Consistent with government fiscal
discipline measures, only those considered crucial to the
efficient discharge of governmental functions shall be
included in the Annual Procurement Plan t o be specified
in the IRR.
No government Procurement shall be undertaken unless
it is in accordance with the approved Annual
Procurement Plan of the Procuring Entity. The Annual
Procurement Plan shall be approved by the Head of the
Procuring Entity and must be consistent with its duly
approved yearly budget. The Annual Procurement Plan
shall be formulated and revised only in accordance with
the guidelines set forth in the IRR. In the case of
Infrastructure Projects, the Plan shall include engineering
design and acquisition of right-of-way.
ARTICLE III PROCUREMENT BY
ELECTRONIC MEANS
Section 8. Procurement By Electronic Means.- To
promote transparency and efficiency, information and
communications technology shall be utilized in the
conduct of procurement procedures. Accordingly, there
shall be single portal that shall serve as the primary
source of information on all government procurement.
The G-EPS shall serve as the primary and definitive
source of information on government procurement.
Further, the GPPB is authorized to approve changes in
the procurement process to adapt to improvements in
modern technology, provided that such modifications
are consistent with provisions of Section 3 of this Act.
To take advantage of the significant built-in-efficiencies
of the G-EPS and the volume discounts inherent in bulk
purchasing, all Procuring Entities shall utilize the G-EPS
for the procurement of common supplies in accordance
with the rules and procedures to be established by the
GPPB. With regard to the procurement of non-common
use items, infrastructure projects and consulting
services, agencies may hire service providers to
undertake their electronic procurement provided these
service providers meet the minimum requirements set
by the GPPB. Section 9. Security, Integrity and
Confidentiality.- The G-EPS shall ensure the
security, integrity and
confidentiality of documents submitted through the
system. It shall include feature that provides for an audit
trail for on-line transactions and allow the Commission
on Audit to verify the security and integrity of the
systems at any time.
ARTICLE IV COMPETITIVE BIDDING
Section 10. Competitive Bidding.- All Procurement shall
be done through Competitive Bidding, except as
provided for in Article XVI of this Act.
ARTICLE V BIDS AND AWARDS
COMMITTEE
Section 11. The BAC and its Composition.- Each procuring
entity shall establish a single BAC for its procurement.
The BAC shall have at least five (5) members, but not
more than seven (7) members. It shall be chaired by at
least a third ranking permanent official of the procuring
entity other than its head, and its composition shall be
specified in the IRR. Alternatively, as may be deemed fit
by the head of the procuring entity, there may be
separate BACs where the number and complexity of the
items to be procured shall so warrant. Similar BACs for
decentralized and lower level offices may be formed
when deemed necessary by the head of the procuring
entity. The numbers of the BAC shall be designated by
the Head of Procuring Entity. However, in no case shall
the approving authority be a member of the BAC.
Unless sooner removed for cause, the members of the
BAC shall have a fixed term of one (1) year reckoned from
the date of appointment, renewable at the discretion of
the Head of the Procuring Entity. In case of resignation,
retirement, separation, transfer, re-assignment, removal,
the replacement shall serve only for the unexpired term:
Provided, That in case of leave or suspension, the
replacement shall serve only for the duration of the leave
or suspension. For justifiable causes, a member shall be
suspended or removed by the Head of the Procuring
Entity.
Section 12. Functions of the BAC.- shall have the
following functions: advertise and/or post the invitation
to bid, conduct pre-procurement and pre-bid
conferences, determine the eligibility of prospective
bidders, receive bids, conduct the evaluation of bids,
undertake post-qualification proceedings, recommend
award of contracts to the Head of the Procuring Entity of
his duly authorized representative: Provided, That in the
event the Head of the Procuring shall disapprove such
recommendation, such disapproval shall be based only
on valid, reasonable and justifiable grounds to be
expressed in writing, copy furnished the BAC;
recommend the imposition of sanctions in accordance
with Article XXIII, and perform such other related
functions as may necessary, including the creation of a
Technical Working Group from a pool of technical,
financial and/or legal experts to assist in the
procurement process.
In proper cases, the BAC shall also recommend to the
Head of the Procuring Entity the use of Alternative
Methods of Procurement as provided for in Article XVI
hereof.
The BAC shall be responsible for ensuring that the
Procuring Entity abides by the standards set forth by this
Act and the IRR, and it shall prepare a procurement
monitoring report that shall be approved and submitted
by the Head of the Procuring Entity to the GPPB on a
semestral basis. The contents and coverage of this
report shall be provided in the IRR.
Section 13. Observers.- To enhance the transparency of
the process, the BAC shall, in all stages of the
procurement process, invite, in addition to the
representative of the Commission on Audit, at least
two(2) observers to sit in its proceedings, one(1) from a
duly recognized private group in a sector or discipline
relevant to the procurement at hand, and the other
from a non-government organization: Provided,
however, That they do not have any direct or indirect
interest in the contract to be bid out. The observers
should be duly registered with the Securities and
Exchange Commission and should meet the criteria for
observers as set forth in the IRR.
Section 14. BAC Secretariat.- To assist the BAC in the
conduct of its functions, the Head of the Procuring Entity
shall create a Secretariat that will serve as the main
support unit of the BAC. The Head of the Procuring Entity
may also designate an existing organic office within the
agency to serve as the Secretariat.
Section 15. Honoraria of BAC Members.- The Procuring
Entity may grant payment of honoraria to the BAC
members in an amount not to exceed twenty five percent
(25%) of their respective basic monthly salary subject to
availability of funds. For this purpose, the Department of
Budget and Management (DBM) shall promulgate the
necessary guidelines.
Section 16. Professionalization of BAC, BAC Secretariat
and Technical Working Group Members.- The GPPB shall
establish a sustained training program for developing the
capacity of the BAC's, BAC Secretariats and technical
Working Groups of Procuring Entities, and
professionalize the same.
ARTICLE VI PREPARATION OF BIDDING
DOCUMENTS
Section 17. Form and Contents of Bidding Documents.-
The Bidding Documents shall be prepared by the
Procuring Entity following the standard forms and
manuals prescribed by the GPPB. The Bidding
Documents shall include the following:
(a) Approved Budget for the Contract;
(b) Instructions to Bidders, including criteria for eligibility,
bid evaluation and post-qualification, as well as the date,
time and place of the pre-bid Conference (where
applicable), submission of bids and opening of bids;
(c) Terms of Reference;
(d) Eligibility Requirements;
(e) Plans and Technical Specifications;
(f) Form of Bid, Price Form, and List of Goods or Bill of
Quantities;
(g) Delivery Time or Completion Schedule;
(h) Form and Amount of Bid Security;
(i) Form and Amount of Performance Security and
Warranty; and,
(j) Form of Contract, and General and special Conditions
of Contract.
The Procuring Entity may require additional document
requirements or specifications necessary to complete
the information required for the bidders to prepare and
submit their respective bids.
Section 18. Reference to Brand Names.- Specifications
for the Procurement of Goods shall be based on relevant
characteristics and/or performance requirements.
Reference to brand names shall not be allowed.
Section 19. Access to Information.- In all stages of the
preparation of the Bidding Documents, the Procuring
entity shall ensure equal access to information. Prior to
their official release, no aspect of the Bidding Documents
shall be divulged or released on any prospective bidder or
having direct or indirect interest in the project to be
procured.
ARTICLE VII INVITATION TO BID
Section 20. Pre-Procurement Conference. - Prior to the
issuance of the Invitation to Bid, the BAC is mandated to
hold a pre-procurement conference on each and every
procurement, except those contracts below a certain
level or amount specified in the IRR, in which case, the
holding of the same is optional.
The pre- procurement conference shall assess the
readiness of the procurement in terms of confirming the
certification of availability of funds, as well as reviewing all
relevant documents and the draft Invitation to Bid, as well
as consultants hired by the agency concerned and the
representative of the end -user.
Section 21. Advertising and Contents of the Invitation to
Bid. - In line with the principle of transparency and
competitiveness, all Invitations to Bid contracts under
competitive bidding shall be advertised by the Procuring
Entity in such manner and for such length of time as may
be necessary under the circumstances, in order to ensure
the widest possible dissemination thereof, such as, but
not limited to, posting in the Procuring Entity's premises,
in newspapers of general circulation, the G-EPS and the
website of the Procuring Entity, if available. The details
and mechanics of implementation shall be provided in
the IRR to be promulgated under this Act.
The Invitation to Bid shall contain, among others:
(a) A brief description of the subject matter of the
Procurement;
(b) A general statement on the criteria to be used by the
Procuring entity for the eligibility check, the short listing
of prospective bidders, in the case of the Procurement of
Consulting Services the examination and evaluation of
Bids, and post-qualification;
(c) The date, time and place of the deadlines for the
submission and receipt of the eligibility requirements, the
pre-bid conference if any, the submission and receipt of
bids, and the opening of bids;
(d) The Approved Budget for the Contract to be bid;
(e) The source of funds;
(f) The period of availability of the Bidding Documents,
and the place where these may be secured and;
(g) The contract duration; and
(h) Such other necessary information deemed relevant by
the Procuring Entity.
Section 22. Pre-bid Conference. - At least one pre-bid
conference shall be conducted for each procurement,
unless otherwise provided in the IRR. Subject to the
approval of the BAC, a pre-bid conference may also be
conducted upon the written request of any prospective
bidder.
The Pre-bid conference(s) shall be held within a
reasonable period before the deadline for receipt of the
bids to allow prospective bidders to adequately prepare
their bids, which shall be specified in the IRR.
ARTICLE VIII RECEIPT AND OPENING OF
BIDS
Section 23. Eligibility Requirements for the Procurement
of Goods and Infrastructure Projects.- The BAC or, under
special circumstances specified in IRR, its duly
designated organic office shall determine the eligibility of
prospective bidders for the procurement of Goods and
Infrastructure Projects, based on the bidders' compliance
with the eligibility requirements within the period set
forth in the Invitation to Bid. The eligibility requirements
shall provide for fair and equal access to all prospective
bidders. The documents submitted in satisfaction of the
eligibility requirements shall be made under oath by the
prospective bidder or by his duly authorized
representative certifying to the correctness of the
statements made and the completeness and authenticity
of the documents submitted.
A prospective bidder may be allowed to summit his
eligibility requirement s electronically. However, said
bidder shall later on certify under oath as to correctness
of the statements made and the completeness and
authenticity of the documents submitted.
Section 24. Eligibility requirements and Short Listing for
Consulting Services.- The Eligibility of prospective bidders
for the Procurement of Consulting Services shall be
determine by their compliance with the eligibility
requirements prescribed for the competitive Bidding
concerned, within the period stated in the Invitation to
bid. The eligibility requirements shall provide for fair and
equal access to all prospective bidders. The prospective
bidder shall certify under oath as to the correctness of
the statements made, and the completeness and
authenticity of the documents submitted.
A prospective bidder may be allowed to submit his
eligibility requirements electronically. However, said
bidder shall later on certify under oath as to correctness
of the statements made and the completeness and
authenticity of the documents submitted.
The eligible prospective bidders shall then be evaluated
using numerical ratings on the basis of the short listing
requirements prescribed for the Competitive Bidding
concerned, within the period stated in the Invitation to
Bid to determine the short list of bidders who shall be
allowed to submit their respective bids.
Section 25. Submission and Receipt of Bids.- A bid shall
have two(2) components, namely the technical and
financial components which should be in separate sealed
envelopes, and which shall be submitted simultaneously.
The bids shall be received by the BAC on such date, time
and place specified in the invitation to bid. The deadline
for the receipt of bids shall be fixed by the BAC, giving the
prospective bidders sufficient time to study and prepare
their bids. The deadline shall also consider the urgency of
the procurement involved.
Bids submitted after the deadline shall not be accepted.
Notwithstanding the provisions of this Section and
Section 26 of this Act, the GPPB may prescribe innovative
procedure for the submission, receipt and opening of
bids through the G-EPS.
Section 26. Modification and Withdrawal of Bids. - A
bidder may modify his bid, provided that this is done
before the deadline for the receipt of bids. The
modification shall be submitted in a sealed envelope
duly identified as a modification of the original bid and
stamped received by the BAC.
A bidder may, through a letter, withdraw his bid or
express his intention not to participate in the bidding
before the deadline for the receipt of bids. In such case,
he shall no longer be allowed to submit another Bid or
the same contract either directly or indirectly.
Section 27. Bid Security. - All Bids shall be accompanied
by a Bid security, which shall serve as guarantee that,
after receipt of the Notice of Award, the winning bidders
shall enter into contract with the Procuring Entity within
the stipulated time and furnish the required
performance security. The specific amounts and
allowable forms of the Bid security shall be prescribed in
the IRR.
Section 28. Bid Validity. - Bids and Bid securities shall be
valid for such reasonable period of time indicated in the
Bidding Documents. The duration for each undertaking
shall take into account the time involved in the process
of Bid evaluation and award of contract.
Section 29. Bid Opening. - the BAC shall publicly open all
bids at the time, date, and place specified in the bidding
documents. The minutes of the bid opening shall be
made available to the public upon written request and
payment of a specified fee.
ARTICLE IX BID EVALUATION
Section 30. Preliminary Examination of Bids. - Prior to
Bid evaluation, the BAC shall examine first the technical
components of the bids using "pass/fail" criteria to
determine whether all required documents are present.
Only bids that are determined to contain all the bid
requirements of the technical component shall be
considered for opening and evaluation of their financial
component.
Section 31. Ceiling for Bid Prices. - The ABC shall be the
upper limit or ceiling for the Bid prices. Bid prices that
exceed this ceiling shall be disqualified outright from
further participating in the bidding. There shall be no
lower limit to the amount of the award.
Section 32. Bid for the Procurement of Goods and
Infrastructure Projects. - For the procurement of Goods
and Infrastructure Projects, the BAC shall evaluate the
financial component of the bids. The bids that passed the
preliminary examination shall be ranked from lowest to
highest in terms of their corresponding calculated price
shall be referred to as the "Lowest Calculated Bid".
Section 33. Bid Evaluation of Short Listed Bidders for
Consulting Services. - For the Procurement of Consulting
Services, the Bids of the short listed bidders shall be
evaluated and ranked using numerical ratings in
accordance with the evaluation criteria stated in the
Bidding Documents, which shall include factors such as,
but not limited to, experience, performance, quality or
personnel, price and methodology. The Bids shall be
ranked from highest to lowest in terms of their
corresponding calculated ratings. The Bid with the
highest calculated rating shall be the "Highest Rated Bid."
After approved by the Head of the Procuring Entity of the
Highest Rated Bid, the BAC shall invite the bidder
concerned for negotiation and/or clarification on the
following item: financial proposal submitted by the
bidder, terms of reference, scope of services,
methodology and work program, personnel to be
assigned to job, services/facilities/data to be provided by
the Procuring Entity concerned, and provisions of the
contract. When negotiations with first-in-rank bidder
fails, the financial proposal of the second rank bidder
shall opened for negotiations: Provided, that the amount
indicated in the financial envelope shall be made as the
basis for negotiations and the total contract amount shall
not exceed the amount indicated in the envelope and the
ABC. Whenever necessary, the same process shall be
repeated until the bid awarded to the winning bidder.
ARTICLE X POST-QUALIFICATION
Section 34. Objective and Process of Post-qualification. -
Post-qualification is the stage where the bidder with the
Lowest Calculated Bid, in the case of Goods and
Infrastructure Projects, or the Highest Rated Bid, in the
case of Consulting Services, undergoes verification and
© Compiled by RGL
validation whether he has passed all the requirements
and conditions as specified in the Bidding Documents.
If the bidder with the Lowest Calculated Bid or Highest
Rated Bid passes all the criteria for post-qualification, his
Bid shall be considered the "Lowest Calculated
Responsive Bid," in the case of Goods and Infrastructure
or the "Highest Rated Responsive Bid," in the case of
Consulting Services. However, if a bidder fails to meet any
of the requirements or conditions, he shall be "post-
disqualified" and the BAC shall conduct the post-
qualification on the bidder with the second Lowest
Calculate Bid or Highest Rated Bid. If the bidder with the
second Lowest Calculated Bid or Highest Rated Bid is post-
disqualified, the same procedure shall be repeated until
the Lowest Calculated Responsive Bid or Highest Rated
Responsive Bid is finally determined.
In all cases, the contract shall be awarded only to the
bidder with the Lowest Calculated Responsive Bid or
Highest Rated Responsive Bid.
Section 35. Failure of Bidding. - there shall be a failure of
bidding if:
a. No bids are received;
b. No bid qualifies as the Lowest Calculated Responsive
Bid; or,
c. Whenever the bidder with the highest rated/lowest
calculated responsive bid refuses, without justifiable
cause to accept the award of contract, as the case may
be.
Under any of the above instances, the contract shall be re-
advertised and re-bid. The BAC shall observe the same
process and set the new periods according to the same
rules followed during the first bidding. After the second
failed bidding, however, the BAC may resort to negotiated
procurement as provided for in Section 53 of this Act.
Section 36. Single Calculate/Rated and Responsive Bid
Submission. - A single calculated/rated and responsive
bid shall be considered for award if it falls under of the
following circumstances:
a. If after advertisement, only one prospective bidder
submits a Letter of Intent and/or applies for eligibility
check, and meets the eligibility requirements or criteria,
after which it submits a bide, which is found to be
responsive to the bidding requirements;
b. If after the advertisement, more than one prospective
bidder applies for eligibility check, but only one bidder
meets the eligibility requirements or criteria, after which
in submits a bid which is found to be responsive to the
bidding requirements; or
c. If after the eligibility check, more than one bidder
meets the eligibility requirements, but only one bidder
submits a bid, and its bid is found to be responsive to the
bidding requirements.
In all instances, the Procuring Entity shall ensure that the
ABC reflects the most advantageous prevailing price for
the government.
ARTICLE XI AWARD, IMPLEMENTATION
AND TERMINATION OF THE
CONTRACT
Section 37. Notice and Executive of Award. - Within a
period not exceeding fifteen (15) calendar days from the
determination and declaration by the BAC of the Lowest
Calculated Responsive Bid or Highest Rated Responsive
Bid, and the recommendation of the award, the Head of
the Procuring Entity or his duly authorized representative
shall approve or disapprove the said recommendation. In
case of approval, the Head of the Procuring Entity or his
duly authorized representative shall immediately issue
the Notice of Award to the bidder with the Lowest
Calculated Responsive Bid or Highest Rated Responsive
Bid.
Within ten (10) calendar days from receipt of the Notice of
Award, the Winning bidder shall formally enter into
contract with the Procuring Entity. When further
approval of higher authority is required, the approving
authority for the contracts shall be given a maximum of
twenty (20) calendar days to approve or disapprove it.
160 of 188
In the case of government-owned and/or -controlled
corporations, the concerned board shall take action on
the said recommendation within thirty (30) calendar
days from receipt thereof.
The Procuring Entity shall issue the Notice to Proceed to
the winning bidder not later than seven (7) calendar days
from the date of approval of the contract by the
appropriate authority. All notices called for by the terms of
the contract shall be effective only at the time of receipt
thereof by the contractor.
Section 38. Period of Action on Procurement Activities. -
The procurement process from the opening of bids up to
the award of contract shall not exceed three (3) months,
or a shorter period to be determined by the procuring
entity concerned. Without prejudice to the provisions of
the preceding section, the different procurement
activities shall be completed within reasonable periods
to be specified in the IRR.
If no action on the contract is taken by the head of the
procuring entity or by his duly authorized
representative, or by the concerned board, in the case of
government-owned and/or -controlled corporations,
within the periods specified in the preceding paragraph,
the contract concerned shall be deemed approved.
Section 39. Performing Security. - Prior to the signing of
the contract, the winning bidder shall, as a measure of
guarantee for the faithful performance of an compliance
with his obligations under the contract prepared in
accordance with the Bidding Documents, be required to
post a performance security in such form and amount as
specified in the Bidding Documents.
Section 40. Failure to Enter into Contract and Post
Performance Security. - If, for justifiable causes, the
bidder with the Lowest Calculated Responsive Bid or
Highest Rated Responsive Bid fails, refuses or is
otherwise unable to enter into contract with the
Procuring Entity, or if the bidder fails to post the
required performance security within the period
stipulated in the Bidding Documents, the BAC shall
disqualify the said bidder and shall undertake post-
qualification for the next-ranked Lowest Calculated Bid
or Highest Rated Bid. This procedure shall be repeated
until an award is made. However, if no award is possible,
the contract shall be subjected to a new bidding.
In the case of a failure to post the required performance
security, the bid security shall be forfeited without
prejudice to the imposition of sanctions prescribed
under Article XXIII.
Section 41. Reservation Clause. - The Head of the Agency
reserves the right to reject any and all Bids, declare a
failure of bidding, or not award the contract in the
following situations:
a. If there is prima facie evidence of collusion between
appropriate public officers or employees of the Procuring
Entity, or between the BAC and any of the bidders, or if
the collusion is between or among the bidders
themselves, or between a bidder and a third party,
including any act which restricts, suppresses or nullifies
or tends to restrict, suppress or nullify competition;
b. If the BAC is found to have failed in following the
prescribed bidding procedures; or
c. For any justifiable and reasonable ground where the
award of the contract will not redound to the benefit of
the government as defined in the IRR.
Section 42. Contract Implementation and Termination. -
The rules and guidelines for the implementation and
termination of contracts awarded pursuant to the
provisions of this Act shall be prescribed in the IRR. The
rules and guidelines shall include standard general and
special conditions for contracts.
ARTICLE XII DOMESTIC AND FOREIGN
PROCUREMENT
Section 43. Procurement of Domestic and Foreign
Goods. - Consistent with the country's obligations under
international treaties or agreements, Goods may be
obtained for domestic or foreign sources and the
procurement thereof shall be open to all eligible
suppliers, manufacturers and distributors. However, in
the interest of availability, efficiency and timely delivery
of Goods, the Procuring Entity may give preference to
the purchase of domestically-produced and
manufactured goods, supplies and materials that meet
the specified or desired quality.
ARTICLE XIII BIDDING OF PROVINCIAL
PROJECTS
Section 44. Bidding of Provincial Projects. - Priority
programs and infrastructure projects funded out of the
annual General Appropriations Act which are intended
for implementation within the province shall be subject
to the same public bidding and to the procurement
processes prescribed under this Act. For purposes of this
Article, Engineering District civil works projects, subject
to consultation with the concerned Members of
Congress, are included and subsumed in the term
"provincial projects" and shall be governed by this
Section and Section 45 hereof.
Section 45. Provincial Bidders. - Within five (5) years from
the effectivity of this Act, contractor who participates in
the bidding of provincial priority programs and
infrastructure projects, whose principal office is within the
same province, and who submits the lowest bid among
the provincial bidders which is higher than the lowest bid
made by a contractor with principal office outside the said
province shall be granted the privilege to match the bid
made by the latter: Provided, however, That the release
of funds for said projects shall be published in a local
newspaper with the widest circulation and the website of
the DBM, the mechanisms of which shall be spelled-out in
the IRR.
ARTICLE XIV LEASE OF COMPUTERS,
COMMUNICATIONS, INFORMATION
AND OTHER EQUIPMENT
Section 46. Lease Contracts. - Lease of construction and
office equipment, including computers, communication
and information technology equipment are subject to
the same public bidding and to the processes prescribed
under this Act.
ARTICLE XV DISCLOSURE OF RELATIONS
Section 47. Disclosure of Relations. - In addition to the
proposed contents of the Invitation to Bid as mentioned
under Section 21 of this Act, all bidding documents shall
be accompanied by a sworn affidavit of the bidder that
he or she or any officer of their corporation in not related
to the Head of the Procuring Entity by consanguinity or
affinity up to the third civil degree. Failure to comply with
the aforementioned provision shall be a ground for the
automatic disqualification of the bid in consonance with
Section 30 of this Act.
ARTICLE XVI ALTERNATIVE METHODS OF
PROCUREMENT
Section 48. Alternative Methods. - Subject to the prior
approval of the Head of the Procuring Entity or his duly
authorized representative, and whenever justified by the
conditions provided in this Act, the Procuring Entity may,
in order to promote economy and efficiency, resort to any
of the following alternative methods of Procurement:
a. Limited Source Bidding, otherwise known as Selective
Bidding - a method of Procurement that involves direct
invitation to bid by the Procuring Entity from a set of
pre-selected suppliers or consultants with known
experience and proven capability relative to the
requirements of a particular contract;
b. Direct Contracting, otherwise known as Single Source
Procurement - a method of Procurement that does not
require elaborate Bidding Documents because the
Procurement does not result in Splitting of Contracts:
supplier is simply asked to submit a price quotation or a
Provided, further, That at least three (3) price quotations
pro-forma voice together with the conditions of sale,
from bona fide suppliers shall be obtained.
which offer may be accepted immediately or after some
The above amounts shall be subject to a period review
negotiations;
by the GPPB. For this purpose, the GPPB shall be
c. Repeat Order. - a method of Procurement that
authorized to increase or decrease the said amount in
involves a direct Procurement of Goods from the
order to reflect changes in economic conditions and for
previous winning bidder, whenever there is a need to
other justifiable reasons.
replenish Goods procured under a contract previously
Section 53. Negotiated Procurement. - Negotiated
awarded through Competitive Bidding;
Procurement shall be allowed only in the following
d. Shopping - a method of Procurement whereby the
instances:
Procuring Entity simply requests for the submission of
a. In case of two (2) failed bidding as provided in Section
price quotations for readily available off-the-shelf Goods
35 hereof;
or ordinary/regular equipment to be procured directly
b. In case of imminent danger to life or property during a
from suppliers of known qualification; or
state of calamity, or when time is of the essence arising
e. Negotiated Procurement - a method of Procurement
from natural or man-made calamities or other causes
that may be resorted under the extraordinary
where immediate action is necessary to prevent damage
circumstances provided for in Section 53 of this Act and
to or loss of life or property, or to restore vital public
other instances that shall be specified in the IRR,
services, infrastructure facilities and other public utilities;
whereby the Procuring Entity directly negotiates a
c. Take-over of contracts, which have been rescinded or
contract with a technically, legally and financially capable
terminated for causes provided for in the contract and
supplier, contractor or consultant.
existing laws, where immediate action is necessary to
In all instances, the Procuring Entity shall ensure that the
prevent damage to or loss of life or property, or to restore
most advantageous price for the government is
vital public services, infrastructure facilities and other
obtained. Section 49. Limited Source Bidding. - Limited
public utilities;
Source Bidding may be resorted to only in any of the
d. Where the subject contract is adjacent or contiguous
following conditions:
to an on-going infrastructure project, as defined in the
a. Procurement of highly specialized types of Goods and
IRR: Provided, however, That the original contract is the
Consulting Services which are known to be obtainable
result of a Competitive Bidding; the subject contract to
only from a limited number of sources; or
be negotiated has similar or related scopes of work; it is
b. Procurement of major plant components where it is
within the contracting capacity of the contractor; the
deemed advantageous to limit the bidding to known
contractor uses the same prices or lower unit prices as in
eligible bidders in order to maintain an optimum and
the original contract less mobilization cost; the amount
uniform level of quality and performance of the plant as
involved does not exceed the amount of the ongoing
a whole.
project; and, the contractor has no negative slippage:
Section 50. Direct Contracting. - Direct Contracting may
Provided, further, That negotiations for the procurement
be resorted to only in any of the following conditions:
are commenced before the expiry of the original contract.
a. Procurement of Goods of propriety nature, which can
Wherever applicable, the principle shall also govern
be obtained only from the propriety source, i.e. when
consultancy contract, where the consultants have unique
patents, trade secrets and copyrights prohibit others
experience and expertise to deliver the required service;
from manufacturing the same items;
or,
b. When the Procurement of critical components from a
e. Subject to the guidelines specified in the IRR,
specific manufacturer, supplier, or distributor is a
purchases of Goods from another agency of the
condition precedent to hold a contractor to guarantee its
government, such as the Procurement Service of the
project performance, in accordance with the provisions
DBM, which is tasked with a centralized procurement of
his contract; or,
commonly used Goods for the government in accordance
c. Those sold by an exclusive dealer or manufacturer,
with Letters of Instruction No. 755 and Executive Order
which does not have sub-dealers selling at lower prices
No. 359, series of 1989.
and for which no suitable substitute can be obtained at
Section 54. Terms and Conditions for the use of
more advantageous terms to the government.
Alternative Methods. - The specific terms and conditions,
Section 51. Repeat Order. - When provided for in the
including the limitations and restrictions, for the
Annual Procurement Plan, Repeat Order may be allowed
application of each of the alternative methods
wherein the Procuring Entity directly procures Goods
mentioned in this Article shall be specified in the IRR.
from the previous winning bidder whenever there arises
a need to replenish goods procured under a contract
previously awarded through Competitive Bidding, ARTICLE XVII PROTEST MECHANISM
subject to post-qualification process prescribed in the
Bidding Documents and provided all the following Section 55. Protests on Decisions of the BAC.- Decisions
conditions are present: of the BAC in all stages of procurement may be
a. The unit price must be equal to or lower than that protested to the head of the procuring entity and shall
provided in the original contract; be in writing. Decisions of the BAC may be protested by
b. The repeat order does not result in splitting of filing a verified position paper and paying a non-
requisitions or purchase orders; refundable protest fee. The amount of the protest fee
c. Except in special circumstances defined in the IRR the and the periods during which the protests may be filed
repeat order shall be availed of only within six (6) and resolved shall be specified in the IRR.
months from the date of the Notice to Proceed arising Section 56. Resolution of Protests. - The protest shall be
from the original contract; and, resolved strictly on the basis of records of the BAC. Up to
d. The repeat order shall not exceed twenty-five percent a certain amount to be specified in the IRR, the decisions
(25%) of the quantity of each item of the original of the Head of the Procuring Entity shall be final.
contract. Section 52. Shopping. - shopping may be Section 57. Non-interruption of the Bidding Process.- In
resorted to under any of the following instances: no case shall any protest taken from any decision
a. When there is an unforeseen contingency requiring treated in this Article stay or delay the bidding process.
immediate purchase: Provided, however, That the Protests must first be resolved before any award is
amount shall not exceed Fifty thousand pesos (P50,000); made.
or Section 58. Report to Regular Courts; Certiorari.- Court
b. Procurement of ordinary or regular office supplies and action may be resorted to only after the protests
equipment not available in the Procurement Service contemplated in this Article shall have been completed.
involving an amount not exceeding Two hundred fifty Cases that are filed in violation of the process specified in
thousand pesos (P250,000): Provided, however, That the this Article shall be dismissed for lack of jurisdiction. The
regional trial court shall have jurisdiction over final
decision of the head of the procuring entity. Court actions
shall be governed by Rule 65 of the 1997 Rules of Civil
Procedure.
This provision is without prejudice to any law conferring
on the Supreme court the sole jurisdiction to issue
temporary restraining orders and injunctions relating to
Infrastructure Projects of Government.
ARTICLE XVIII SETTLEMENT OF
DISPUTES
Section 59. Arbitration. - Any and all disputes arising
from the implementation of a contract covered by this
Act shall be submitted to arbitration in the Philippines
according to the provisions of Republic Act No. 876,
otherwise known as the "Arbitration Law": Provided,
however, That, disputes that are within the competence
of the Construction Industry Arbitration Commission to
resolve shall be referred thereto. The process of
arbitration shall be incorporated as a provision in the
contract that will be executed pursuant to the provisions
of this Act: Provided, That by mutual agreement, the
parties may agree in writing to resort to alternative
modes of dispute resolution.
Section 60. Appeals. - The arbitral award and any
decision rendered in accordance with the foregoing
Section shall be appealable by way of a petition for
review to the Court of Appeals. The petition shall raise
pure questions of law and shall be governed by the Rule
of Court.
ARTICLE XIX CONTRACT PRICES AND
WARRANTIES
Section 61. Contract Prices. - For the given scope of work
in the contract as awarded, all bid prices shall be
considered as fixed prices, and therefore not subject to
price escalation during contract implementation, except
under extraordinary circumstances and upon prior
approval of the GPPB.
For purposes of this Section, "extraordinary
circumstances" shall refer to events that may be
determined by the National Economic and Development
Authority in accordance with the Civil Code of the
Philippines, and upon the recommendation of the
procuring entity concerned.
Section 62. Warranty. - (a) For the procurement of Goods,
in order to assure that manufacturing defects shall be
corrected by the supplier, manufacturer, or distributor, as
the case maybe, for a specific time after performance of
the contract, a warranty shall be required from the
contract awardee for such period of time as may be
provided in the IRR, the obligation for which shall be
covered by either retention money in the amount
equivalent to a percentage of every progress payment, or
a special bank guarantee equivalent to a percentage of
the total contract price, to be provided in the IRR. The said
amounts shall only be released after the lapse of the
warranty period, provided that the Goods supplied are
free from defects and all the conditions imposed under
the contract have been fully met.
b. For the procurement of infrastructure projects, the
contractor shall assume full responsibility for the
contract work from the time project construction
commenced up to a reasonable period as defined in the
IRR taking into consideration the scale and coverage of
the project from its final acceptance by the government
and shall be held responsible for any damage or
construction or works except those occasioned by force
majeure. The contractor shall be fully responsible for the
safety, protection, security, and convenience of his
personnel, third parties, and the public large, as well as
the works, equipment, installation and the like to be
affected by his construction work and shall be required
to put up a warranty security in the form of cash, bank
guarantee, letter of credit, Government Service
Insurance System bond, or callable surety bond.
The contractor shall undertake the repair works, at his
own expense, of any defect or damage to the
infrastructure projects on account of the use of materials
of inferior quality within ninety (90) days from the time
the Head of the Procuring Entity has issued an order to
undertake repair. In case of failure or refusal to comply
with this mandate, the governments shall undertake
such repair works and shall be entitled to full
reimbursement of expenses incurred therein upon
demand.
Any contractor who fails to comply with the preceding
paragraphs shall suffer perpetual disqualification from
participating in any public bidding and his property or
properties shall be subject to attachment or garnishment
proceedings to recover the costs. All payables of
government in his favor shall be offset to recover the
costs.
ARTICLE XX THE GOVERNMENT
PROCUREMENT POLICY BOARD
Section 63. Organization and Functions. - A Government
Procurement Policy Board (GPPB) is hereby established
to: (a.) protect national interest in all matters affecting
public Procurement, having due regard to the country's
regional and international obligations; (b.) formulate and
amend, whenever necessary, the IRR and the
corresponding standard forms for Procurement; (c)
ensure that Procuring Entities regularly conduct
Procurement training programs and prepare a
Procurement operations manual for all offices and
agencies of government; and (d) conduct an annual
review of the effectiveness of this Act and recommend
any amendments thereto, as may be necessary.
The GPPB shall convene within fifteen (15) days from the
effectivity of this Act formulate the IRR and for other
related purposes. The GPPB shall be supported by a
technical support office.
In addition to the powers granted under this Act, the
GPPB shall absorb all the powers, function and
responsibilities of the Procurement Policy Board created
under Executive Order No. 359, series of 1989. All affected
functions of the Infrastructure Committee of the National
Economic and Development Authority Board are hereby
transferred to the GPPB.
Section 64. Membership. - The GPPB shall be composed
of the Secretary of the Department of Budget and
Management, as Chairman, the Director-General of the
National Economic and Development Authority, as
Alternate Chairman, with the following as Members; the
Secretaries of the Departments of Public Works and
Highways, Finance, Trade and Industry, Health, National
Defense, Education, Interior and Local Government,
Science and Technology, Transportation and
Communications, and Energy, or their duly authorized
representatives and a representative from the private
sector to be appointed by the President upon the
recommendation of the GPPB. The GPPB may invite a
representative from the Commission on Audit to serve
as a resource person.
ARTICLE XXI PENAL CLAUSE
Section 65. Offenses and Penalties. - (a) Without
prejudice to the provisions of Republic Act No. 3019,
otherwise known as the "Anti-Graft and Corrupt Practice
Act" and other penal laws, public officers who commit
any of the following acts shall suffer the penalty of
imprisonment of not less than six (6) years and one (1) day,
but not more than fifteen (15) years:
1. Open any sealed Bid including but not limited to Bids
that may have been submitted through the electronic
system and any and all documents required to be sealed
or divulging their contents, prior to the appointed time
for the public opening of Bids or other documents.
2. Delaying, without justifiable cause, the screening for
eligibility, opening of bids, evaluation and post evaluation
of bids, and awarding of contracts beyond the prescribed
periods of Bids or other documents.
3. Unduly influencing or exerting undue pressure on any
member of the BAC or any officer or employee of the
procuring entity to take a particular bidder.
4. Splitting of contracts which exceed procedural
purchase limits and competitive bidding.
5. When the head of the agency abuses the exercise of his
power to reject any and all bids as mentioned under
Section 41 of this Act with manifest preference to any
bidder who is closely related to him in accordance with
Section 47 of this Act.
When any of the foregoing acts is done in collusion with
private individuals, the private individuals shall likewise be
liable for the offense.
In addition, the public officer involved shall also suffer
the penalty of temporary disqualification from public
office, while the private individual shall be permanently
disqualified from transacting business with the
government.
(b) Private individuals who commit any of the following
acts, including any public officer, who conspires with
them, shall suffer the penalty of imprisonment of not
less than six (6) years and one (1) day but not more than
fifteen (15) years:
1. When two or more bidders agree and submit different
Bids as if they were bona fide, when they knew that one
or more of them was so much higher than the other that
it could not be honestly accepted and that the contract
will surely be awarded to the pre-arranged lowest Bid.
2. When a bidder maliciously submits different Bids
through two or more persons, corporations,
partnerships or any other business entity in which he has
interest of create the appearance of competition that
does not in fact exist so as to be adjudged as the winning
bidder.
3. When two or more bidders enter into an agreement
which call upon one to refrain from bidding for
Procurement contracts, or which call for withdrawal of
bids already submitted, or which are otherwise intended
to secure as undue advantage to any one of them.
4. When a bidder, by himself or in connivance with
others, employ schemes which tend to restrain the
natural rivalry of the parties or operates to stifle or
suppress competition and thus produce a result
disadvantageous to the public. In addition, the persons
involved shall also suffer the penalty of temporary or
perpetual disqualification from public office and be
permanently disqualified from transacting business with
the government.
(c) Private individuals who commit any of the following
acts, and any public officer conspiring with them, shall
suffer the penalty of imprisonment of not less than six
(6) years and one (1) day but more than fifteen (15)
years:
1. Submit eligibility requirements of whatever kind and
nature that contain false information or falsified
documents calculated to influence the outcome of the
eligibility screening process or conceal such information
in the eligibility requirements when the information will
lead to a declaration of ineligibility from participating in
public bidding.
2. Submit Bidding Documents of whatever kind and
nature than contain false information or falsified
documents or conceal such information in the Bidding
Documents, in order to influence the outcome of the
public bidding.
3. Participate in a public bidding using the name of
another or allow another to use one's name for the
purpose of participating in a public bidding.
4. Withdraw a Bid, after it shall have qualified as the
Lowest Calculated Bid/Highest Rated Bid, or to accept
and award, without just cause or for the purpose of
forcing the Procuring Entity to award the contract to
another bidder. This shall include the non-submission of
requirements such as, but not limited to, performance
security, preparatory to the final award of the contract.
(d) When the bidder is a juridical entity, criminal liability
and the accessory penalties shall be imposed on its
directors, officers or employees who actually commit
any of the foregoing acts.
Section 66. Jurisdiction. - Jurisdiction over the offenses
defined under this Article shall belong to the appropriate
courts, according to laws existing at the time of the
commission of the offenses.
ARTICLE XXII CIVIL LIABILITY
Section 67. Civil Liability in Case of Conviction. - Without
prejudice to administrative sanctions that may be
imposed in proper cases, a conviction under this Act or
Republic Act No. 3019 shall carry with it civil liability, which
may either consist of restitution for the damage done or
the forfeiture in favor of the government of any
unwarranted benefit derived from the act or acts in
question or both, at the discretion of the courts.
Section 68. Liquidated Damages. - All contracts
executed in accordance with this Act shall contain a
provision on liquidated damages which shall be payable
in case of breach thereof. The amount thereof shall be
specified in the IRR.
ARTICLE XXIII ADMINISTRATIVE
SANCTIONS
Section 69. Imposition of Administrative Penalties. - (a) In
addition to the provisions of Articles XXI and XXII of this
Act, the Head of the Procuring Entity, subject to the
authority delegated to the BAC, if any, shall impose on
bidders or prospective bidders, the administrative penalty
of suspension for one (1) years for the first offense, and
suspensions of two (2) years for the second offense from
participating in the public bidding process, for the following
violations:
1. Submission of eligibility requirements containing false
information or falsified documents.
2. Submission of bids that contain false information or
falsified documents, or the concealment of such
information in the Bids in order to influence the outcome
of eligibility screening or any other stage of the public
bidding.
3. Allowing the use of one's name, or using the name of
another for purposes of public bidding.
4. Withdrawal of a Bid, or refusal to accept an award, or
enter into contract with the government without
justifiable cause, after he had been adjudged as having
submitted the Lowest Calculated Responsive Bid or
Highest Rated Responsive Bid.
5. Refusal or failure to post the require performance
security within the prescribed time.
6. Termination of the contract due to the default of the
bidder.
Refusal to clarify or validate in writing its Bid during
post-qualification within a period of seven (7) calendar
days from receipt of the request for clarification.
Any documented unsolicited attempt by a bidder to
unduly influence the outcome of the bidding in his favor.
All other acts that tend to defeat the purpose of the
Competitive bidding.
(b) In addition to the penalty of suspension, the Bid
security of the performance security posted by the
concerned bidder or prospective bidder shall also be
forfeited.
(c) the Head of the Procuring Entity may delegate to the
BAC the authority to impose the aforementioned
administrative penalties.
Section 70. Preventive Suspension. - The head of the
procuring entity may preventively suspend any member
of the Technical Working Group of the Secretariat, or the
BAC if there are strong reasons or prima facie evidence
showing that the officials or employees concerned are
guilty or the charges filed against them under Articles XXI
and XXII of this Act or for dishonesty as defined by the
Civil Service Laws. In all cases, procedural and
substantive due process as mandated by the
Constitution and Civil Service Laws, rules and
regulations, shall be strictly observed.
Section 71. Lifting of Suspension and Removal of
Administrative Disabilities. - Lifting of preventive
suspension pending administrative investigation, as well
as removal of administrative investigation, as well as
removal of administrative penalties and disabilities shall
be in accordance with the provisions of Sections 52 and
53, Chapter 6 (Civil Service Commission), Book V of
Executive Order No. 292, the Administrative Code of 1987.
ARTICLE XXIV LEGAL ASSISTANCE AND
INDEMNIFICATION OF BAC MEMBERS
Section 72. Private Legal Assistance. - All the members
of the BAC are hereby authorized to engage the service
of private lawyers or extend counsel immediately upon
receipt of Court Notice that a civil or criminal action, suit
or proceeding is filed against them. The lawyer's fee shall
be part of the indemnification package for the BAC
members, subject to the provisions of Section 73 hereof.
Section 73. Indemnification of BAC Members. - The
GPPB shall establish an equitable indemnification
package for public officials providing services in the BAC,
which may be in the form of free legal assistance,
liability insurance, and other forms of
protection and indemnification for all
cost and expenses reasonably incurred by such persons
in connection with any civil or criminal actions, suit or
proceeding to which they may be, or have been made, a
party by reason of the performance of their functions or
duties, unless they are finally adjudged in such action or
proceeding to be liable for gross negligence or
misconduct or grave abuse of discretion.
In the event of settlement or compromise,
indemnification shall be confined only on matters
covered by the settlement, as to which the Procuring
Entity had been advised by countset that the public
officials to be indemnified have not committed gross
negligence or misconduct in the performance of their
functions and duties.
The members of the BAC and the BAC Secretariat shall
also be entitled to medical assistance for injuries
incurred in the performance of their functions.
ARTICLE XXV FINAL PROVISIONS
Section 74. Oversight Committee. - There is hereby created
a Joint Congressional Oversight Committee to oversee the
implementation of this Act for a period not exceeding five
(5) years from the effectivity of this Act. The Committee
shall be composed of the Chairman of the Senate
Committee on Constitutional Amendments and Revision
of Laws and two (2) members thereof appointed by the
Senate President, and the Chairman of the House
Committee on Appropriations, and two(2) thereof to be
appointed by the Speaker of the House of Representatives.
Section 75. Implementing Rules and Regulations and
Standard Forms. - Within sixty (60) days from the
promulgation of this Act, the necessary rules and
regulations for the proper implementation of its
provisions shall be formulated by the GPPB, jointly with
the members of the Oversight Committee created under
Section 74 hereof. The said rules and regulations shall be
approved by the President of the Philippines. For a
period not later than thirty (30) days upon the approval
of the implementing rules and regulations the standard
forms for Procurement shall be formulated and
approved.
Section 76. Repealing Clause. - This law repeals Executive
Order No. 40, series of 2001, entitled "Consolidating
Procurement Rules and Procedures for all National
Government Agencies, Government Owned or Controlled
Corporations and/or Government Financial Institutions,
and requiring the Use of the Government Electronic
Procurement System"; Executive Order No.262, series of
2000, entitled "Amending Executive Order No.302, series
of 1996, entitled "Providing Policies, Guidelines, Rules and
Regulations for the Procurement of Goods/Supplies by
the National Government' and Section 3 of Executive
Order No.201, series of 2000, entitled "Providing
Additional Policies and Guidelines and the Procurement
of Goods/Supplies by the National Government";
Executive Order No. 302, series of 1996, entitled "Providing
Policies, Guidelines, Rules and Regulations for the
Procurement of Goods/Supplies by the National Government"
and Presidential Decree No. 1594 dated June 11,1978,
entitled "Prescribing Policies, Guidelines, Rule and
regulations for Government Infrastructure Contracts." This
law amends Title Six, Book Two of Republic Act No. 7160,
otherwise known as the "Local Government Code of 1991";
the relevant provisions of Executive Order No.164, series of
1987, entitled " An Act Providing Additional Guidelines in the
processing and Approval of Contracts of the Government";
and the relevant provisions of Republic Act No. 7898 dated
February 23, 1995, entitled "An Act Providing for the
Modernization of the Armed Forces of the Philippines and
other Purposes." Any other law, presidential decree or
issuance, executive order, letter of instruction, administrative
order, proclamation, charter, rule or regulation and/or parts
thereof contrary to or inconsistent with the provisions of this
Act, hereby repealed, modified or amended accordingly.
Section 77. Separability Clause. - If any provision of this
Act is declared invalid or unconstitutional, the other
provisions not affected thereby shall remain valid and
subsisting.
Section 78. Effectivity Clause. - This Act shall take effect
fifteen (150) days following its publication in the Officials
Gazette or in two (2) newspapers of general circulation.
Role of the Local Government |
Related Laws and Pertinent
Provisions
1 Prohibiting Lower Courts from
Issuing Temporary Restraining Orders,
Preliminary Injunctions or Preliminary
Mandatory Injunctions on Government
Infrastructure Projects, Republic Act
No. 8975, [November 7, 2000]
SECTION 7. Issuance of Permits. — Upon
payment in cash of the necessary fees levied under
Republic Act No. 7160, as amended, otherwise known as
the Local Government Code of 1991, the governor of the
province or mayor of a highly-urbanized city shall
immediately issue the necessary permit to extract sand,
gravel and other quarry resources needed in government
projects. The issuance of said permit shall consider
environmental laws, land use ordinances and the
pertinent provisions of the Local Government Code relating
to environment
2 Philippine Carabao Act of 1992,
Republic Act No. 7307, [March 27, 1992]
SECTION 15. Participation of the Department of
Agriculture and Local Government Units. — The carabao
centers, the regional and provincial offices of the
Department of Agriculture, specifically the Bureau of
Animal Industry, and the local government units shall
implement a carabao dispersal and propagation program
within their respective areas in accordance with the
national policy and program of the PCC. The PCC shall
adopt a national dispersal program to primarily benefit
the smallholder farmers and CARP beneficiaries.
Any income from the sale of the carabao shall be
placed in a revolving fund to be used in the propagation
and distribution of carabaos.
3 Acquisition of Right-of-Way, Site or
Location for National Government
Infrastructure Projects, Republic Act
No. 8974, [November 7, 2000]
SECTION 7. Valuation of Improvements and/or
Structures. — The Department of Public Works and
Highways and other implementing agencies concerned,
in coordination with the local government units
concerned in acquisition of right-of-way, site or location
for any national government infrastructure project, are
hereby mandated to adopt within sixty (60) days upon
approval of this Act, the necessary implementing rules
and regulations for the equitable valuation of the
improvements and/or structures on the land to be
expropriated.
SECTION 8. Ecological and Environmental
Concerns. — In cases involving the acquisition of right-of-
way, site or location for any national government
infrastructure project, the implementing agency shall
take into account the ecological and environmental
impact of the project. Before any national government
project could be undertaken, the agency shall consider
environmental laws, land use ordinances and all pertinent
provisions of Republic Act No. 7160, as amended,
otherwise known as the Local Government Code of 1991.
SECTION 9. Squatter Relocation. — The
government through the National Housing Authority, in
coordination with the local government units and
implementing agencies concerned, shall establish and
develop squatter relocation sites, including the provision
of adequate utilities and services, in anticipation of
squatters that have to be removed from the right-of-way
or site of future infrastructure projects. Whenever
applicable, the concerned local government units shall
provide and administer the relocation sites.
In case the expropriated land is occupied by
squatters, the court shall issue the necessary writ of
demolition for the purpose of dismantling any and all
structures found within the subject property. The
implementing agency shall take into account and
observe diligently the procedure provided for in Sections
28 and 29 of Republic Act No. 7279, otherwise known as
the Urban Development and Housing Act of 1992.
Funds for the relocation sites shall come from
appropriations for the purpose under the General
Appropriations Act, as well as from appropriate
infrastructure projects funds of the implementing agency
concerned.
4 Philippine Clean Water Act of 2004,
Republic Act No. 9275, [March 22, 2004]
SECTION 5. Water Quality Management Area. —
The Department, in coordination with National Water
Resources Board (NWRB), shall designate certain areas
as water quality management areas using appropriate
physiographic units such as watershed, river basins or
water resources regions. Said management areas shall
have similar hydrological, hydrogeological,
meteorological or geographic conditions which affect the
physicochemical, biological and bacteriological reactions
and diffusions of pollutants in the water bodies, or
otherwise share common interest or face similar
development programs, prospects, or problems.
Said management area shall be governed by a
governing board composed of representatives of mayors
and governors of member local government units
(LGUs), and representatives of relevant national
government agencies, duly registered nongovernmental
organization, water utility sector, and business sector.
The Department representative shall chair the governing
board. In the case of the LGUs with memberships on
more than one (1) management board, the LGU shall
designate only one (1)
single representative for all the management areas where
it is a member.
xxxx
SECTION 6. Management of Non-attainment
Areas. — xxxx
xxxx
xxxx
The LGUs shall prepare and implement
contingency plans and other measures including
relocation, whenever necessary, for the protection of
health and welfare of the residents within potentially
affected areas.
SECTION 7. National Sewerage and Septage
Management Program. — The Department of Public
Works and Highways (DPWH), through its relevant
attached agencies, in coordination with the Department,
LGUs and other concerned agencies, shall, as soon as
possible, but in no case exceeding a period of twelve
(12) months from the effectivity of this Act, prepare a
national program on sewerage and septage
management in connection with Section 8 hereof.
Such program shall include a priority listing of
sewerage, septage and combined sewerage-septage
projects for LGUs based on population density and
growth, degradation of water resources, topography,
geology, vegetation, programs/projects for the
rehabilitation of existing facilities and such other factors
that the Secretary may deem relevant to the protection of
water quality. On the basis of such national listing, the
national government may allot, on an annual basis, funds
for the construction and rehabilitation of required
facilities.
Each LGU shall appropriate the necessary land,
including the required rights-of-way/road access to the
land for the construction of the sewage and/or septage
treatment facilities.
Each LGU may raise funds to subsidize necessary
expenses for the operation and maintenance of sewerage
treatment or septage facility servicing their area of
jurisdiction through local property taxes and
enforcement of a service fee system.
SECTION 8. Domestic Sewage Collection,
Treatment and Disposal. — Within five (5) years
following the effectivity of this Act, the agency vested to
provide water supply and sewerage facilities and/or
concessionaires in Metro Manila and other highly
urbanized cities (HUCs) as defined in Republic Act No.
7160, in coordination with LGUs, shall be required to
connect the existing sewage line found in all
subdivisions, condominiums, commercial centers, hotels,
sports and recreational facilities, hospitals, market
places, public buildings, industrial complex and other
similar establishments including households to available
sewerage system: Provided, That the said connection
shall be subject to sewerage services charge/fees in
accordance with existing laws, rules or regulations unless
the sources had already utilized their own sewerage
system: Provided, further, That all sources of sewage and
septage shall comply with the requirements herein.
SECTION 17. Programmatic Environmental
Impact Assessment. — xxxx
xxxx
xxxx
xxxx
Consistent with the provisions of the Local
Government Code, the Department may enter into
agreement with LGUs to incorporate programmatic
environmental impact assessment into the preparation,
updating or revision of local land use plans and area
development plans.
SECTION 19. Lead Agency. — xxxx
 xxxx
The Department shall gradually devolve to the
LGUs, and to the governing boards the authority to
administer some aspects of water quality management
and regulation, including, but not to be limited to, permit
issuance, monitoring and imposition of administrative
penalties, when, upon the Department's determination,
the LGU or the governing board has demonstrated
readiness and technical capability to undertake such
functions.
SECTION 20. Role of Local Government Units
(LGUs). — LGUs shall share the responsibility in the
management and improvement of water quality within
their territorial jurisdictions.
Each LGU shall within six (6) months after the
establishment of the water quality management area
action plan prepare a compliance scheme in accordance
thereof, subject to review and approval of the governing
board.
Each LGU shall, through its Environment and
Natural Resources Office (ENRO) established in Republic
Act No. 7160, have the following powers and functions:
a) Monitoring of water quality;
b) Emergency response;
c) Compliance with the framework of the Water
Quality Management Action Plan;
d) To take active participation in all efforts concerning
water quality protection and rehabilitation;
and
e) To coordinate with other government agencies and
civil society and the concerned sectors in the
implementation of measures to prevent and
control water pollution: Provided, however,
That in provinces/cities/municipalities where
there are no environment and natural
resources officers, the local executive
concerned may with the approval of the
Secretary of the DENR designate any of his
official and/or chief of office preferably the
provincial, city or municipal agriculturist, or
any of his employee: Provided, finally, That in
case an employee is designated as such, he
must have sufficient experience in
environmental and natural resources
management, conservation and utilization.
SECTION 21. Business and Industry Role in
Environmental Management. — The Department and
the LGUs, in coordination with the appropriate
government agencies, and in consultation with the
business and industrial sectors including chambers of
commerce, shall formulate appropriate incentives for the
adoption of procedures that will preserve and protect our
water bodies through the introduction of innovative
equipment and processes that reduce if not totally
eliminate the discharge of pollutants into our water
bodies.
SECTION 27. Prohibited Acts. — The following acts
are hereby prohibited:
xxxx
j) Noncompliance of the LGU with the Water
Quality Framework and Management Area Action Plan.
In such a case, sanctions shall be imposed on the local
government officials concerned;
SECTION 29. Administrative Sanctions Against
Non-compliance with the Water Quality Management
Area Action Plan. — Local government officials
concerned shall be subject to administrative sanctions in
case of failure to comply with their action plan in
accordance with the relevant provisions of Republic Act
No. 7160.
5 The Right-of-Way Act, Republic Act No.
10752, [March 7, 2016]
SECTION 5. Rules on Negotiated Sale. — xxxx
xxxx
(d) If requested by the property owner, the
implementing agency shall remit to the LGU concerned
the amount corresponding to any unpaid real property
tax, subject to the deduction of this amount from the
total negotiated price: Provided, however, That the said
amount is not more than the negotiated price.
Xxxx
(f) Upon the execution of a deed of sale, the
implementing agency shall pay the property owner:
(1) Fifty percent (50%) of the negotiated price of
the affected land, exclusive of taxes remitted to
the LGU concerned under subparagraph (d)
herein; and
(2) Seventy percent (70%) of the negotiated price
of the affected structures, improvements, crops
and trees, exclusive of unpaid taxes remitted to
the LGU concerned under subparagraph (d)
herein.
(g) The implementing agency shall, at the times
stated hereunder, pay the property owner the remaining
fifty percent (50%) of the negotiated price of the affected
land, and thirty percent (30%) of the affected structures,
improvements, crops and trees, exclusive of unpaid taxes
remitted to the LGU concerned under subparagraph (d)
herein: Provided, That the land is already completely
cleared of structures, improvements, crops and trees:
(1) At the time of the transfer of title in the name
of the Republic of the Philippines, in cases where
the land is wholly affected; or
(2) At the time of the annotation of a deed of sale
on the title, in cases where the land is partially
affected.
The provisions of subparagraph (a) herein shall also apply
to outstanding claims for right-of-way payments, except
that the amount to be offered shall be the price at the
time of taking of the property, including legal interest
until fully paid.
SECTION 9. Relocation of Informal Settlers. — The
government, through the Housing and Urban
Development Coordinating Council (HUDCC) and the
National Housing Authority (NHA), in coordination with
the LGUs and implementing agencies concerned, shall
establish and develop resettlement sites for informal
settlers, including the provision of adequate basic
services and community facilities, in anticipation of
informal settlers that have to be removed from the right-
of-way site or location of future infrastructure projects,
pursuant to the provisions of Republic Act No. 7279,
otherwise known as the "Urban Development and Housing
Act of 1992". Whenever applicable, the concerned LGUs
shall provide and administer the resettlement sites.
SECTION 11. Regulation of Developments Within
Declared Right-of-Way. — Upon the approval of an
infrastructure project by the head of the implementing
agency concerned, with funding authorized in the
General Appropriations Act and with defined right-of-
way, no national government agency or LGU shall, within
two (2) years from date of notice of taking, allow any
development or construction, or issue any building,
construction, development, or business permit, which is
contrary to the approved plans and purposes of the
project, within the right-of-way, unless explicitly
authorized by the head of the implementing agency for
justifiable reasons.
6 Countrywide Industrialization Act of (c) The provincial health and/or general services
1992, Republic Act No. 7368, [April 10, officers, whichever may be recommended by
the governor;
1992]
(d) The provincial environment and natural
SECTION 6. Executive Committee of Local resources officer;
Development Council as the Local Countrywide
Industrialization Board. — The Executive Committee of (e) The provincial engineer;
the municipal, city and provincial development councils (f) Congressional representative/s from each
shall serve as the Local Countrywide Industrialization congressional district within the province;
Board (LCIB) which shall be directed towards the
development of technology and skills, assist all (g) A representative from the NGO sector whose
enterprises in the utilization of indigenous raw materials principal purpose is to promote recycling and
for livelihood programs and in the delivery of credit the protection of air and water quality;
organizations and marketing services. (h) A representative from the recycling industry;
In addition to the functions of the local (i) A representative from the manufacturing or
development councils as mandated in the Local packaging industry; and
Government Code of 1991 (Republic Act No. 7160), they
shall perform the following functions: (j) A representative of each concerned government
agency possessing relevant technical and
a) receive all applications for countrywide marketing expertise as may be determined
industrialization projects within its area of by the Board.
jurisdiction; evaluate and approve or
disapprove all project applications within The Provincial Solid Waste Management Board
thirty (30) days from receipt thereof; and may, from time to time, call on any other concerned
endorse projects to the Countrywide agencies or sectors as it may deem necessary.
Industrialization Office (CIO) for funding; Provided, That representatives from the NGOs,
b) in coordination with the conduit banks, recycling and manufacturing or packaging industries
monitor the status of approved projects, shall be selected through a process designed by
help enterprises obtain marketing, technical themselves and shall be endorsed by the government
training and other forms of non-financial agency representatives of the Board: Provided, further,
assistance as they may require from That in the Province of Palawan, the Board shall be
agencies of the National and Local chaired by the chairman of the Palawan Council for
Governments; Sustainable Development, pursuant to Republic Act No.
c) review the industrialization plan for the 7611.
province, city or municipality as prepared by
the municipal, city or provincial development In the case of Metro Manila, the Board shall be
officer if the funding required for the chaired by the chairperson of the MMDA and its
proposed project is to be sourced from CIF; members shall include:
d) disseminate pertinent information; and (i) All mayors of its component cities and
e) submit quarterly reports to the CIO on the municipalities;
amounts of financial assistance received by
the countrywide industrialization projects (ii) A representative from the NGO sector whose
within its jurisdiction, and a status report on principal purpose is to promote recycling and
each countrywide industrialization project. the protection of air and water quality;
Copy of the report shall be furnished the (iii) A representative from the recycling industry; and
Sangguniang Bayan or Sangguniang
Panlungsod concerned. (iv) A representative from the manufacturing or
packaging industry.
7 Ecological Solid Waste Management The Board may, from time to time, call on any
Act of 2000, Republic Act No. 9003, other concerned agencies or sectors as it may deem
[January 26, 2001] necessary.
Provided, That representatives from the NGOs,
SECTION 10. Role of LGUs in Solid Waste
recycling and manufacturing or packaging industries
Management. — Pursuant to the relevant provisions of
shall be selected through a process designed by
R.A. No. 7160, otherwise known as the Local Government
themselves and shall be endorsed by the government
Code, the LGUs shall be primarily responsible for the
agency representatives of the Board.
implementation and enforcement of the provisions of
this Act within their respective jurisdictions. The Provincial Solid Waste Management Board
shall have the following functions and responsibilities:
Segregation and collection of solid waste shall be
conducted at the barangay level specifically for (1) Develop a provincial solid waste
biodegradable, compostable and reusable wastes: management plan from the
Provided, That the collection of non-recyclable materials submitted solid waste
and special wastes shall be the responsibility of the management plans of the
municipality or city. respective city and municipal
solid waste management
SECTION 11. Provincial Solid Waste Management
boards herein created. It shall
Board. — A Provincial Solid Waste Management Board
review and integrate the
shall be established in every province, to be chaired by
submitted plans of all its
the governor. Its members shall include:
component cities and
(a) All the mayors of its component cities and municipalities and ensure that
municipalities; the various plans complement
each other, and have the
(b) One (1) representative from the Sangguniang
requisite components. The
Panlalawigan to be represented by the
Provincial Solid Waste
chairperson of either the Committees on
Management Plan shall be
Environment or Health or their equivalent
submitted to the Commission
committees, to be nominated by the
for approval.
presiding officer;
 The Provincial Plan shall reflect
SECTION 12. City and Municipal Solid Waste
the general program of action and
Management Board. — Each city or municipality shall
initiatives of the provincial government
form a City or Municipal Waste Management Board that
in implementing a solid waste
shall prepare, submit and implement a plan for the safe
management program that would
and sanitary management of solid waste generated in
support the various initiatives of its
areas under its geographic and political coverage.
component cities and municipalities.
The City or Municipal Solid Waste Management
(2) Provide the necessary logistical and
Board shall be composed of the city or municipal mayor
operational support to its
as head with the following as members:
component cities and
municipalities in consonance (a) One (1) representative of the
with subsection (f) of Sec. 17 of Sangguniang Panlungsod or
the Local Government Code; the Sangguniang Bayan,
preferably chairpersons of
(3) Recommend measures and
either the Committees on
safeguards against pollution
Environment or Health, who
and for the preservation of the
will be designated by the
natural ecosystem;
presiding officer;
(4) Recommend measures to generate
(b) President of the Association of
resources, funding and
Barangay Councils in the
implementation of projects
municipality or city;
and activities as specified in the
duly approved solid waste (c) Chairperson of the Sangguniang
management plans; Kabataan Federation;
(5) Identify areas within its jurisdiction (d) A representative from NGOs whose
which have common solid principal purpose is to promote
waste management problems recycling and the protection of
and are appropriate units for air and water quality;
planning local solid waste
(e) A representative from the recycling
management services in
industry;
accordance with Section 41
hereof; (f) A representative from the
manufacturing or packaging
(6) Coordinate the efforts of the
industry; and
component cities and
municipalities in the (g) A representative of each concerned
implementation of the government agency possessing
Provincial Solid Waste relevant technical and
Management Plan; marketing expertise as may be
determined by the Board.
(7) Develop an appropriate incentive
scheme as an integral The City or Municipal Solid Waste Management
component of the Provincial Board may, from time to time, call on any concerned
Solid Waste Management Plan; agencies or sectors as it may deem necessary.
(8) Convene joint meetings of the Provided, That representatives from the NGOs,
provincial, city and municipal recycling and manufacturing or packaging industries
solid waste management shall be selected through a process designed by
boards at least every quarter themselves and shall be endorsed by the government
for purposes of integrating, agency representatives of the Board.
synchronizing, monitoring and
The City and Municipal Solid Waste Boards shall
evaluating the development
have the following duties and responsibilities:
and implementation of its
provincial solid waste (1) Develop the City or Municipal Solid
management plan; Waste Management Plan that
shall ensure the long-term
(9) Represent any of its component city
management of solid waste, as
or municipality in coordinating
well as integrate the various
its resource and operational
solid waste management plans
requirements with agencies of
and strategies of the barangays
the national government;
in its area of jurisdiction. In the
(10) Oversee the implementation of the development of the Solid
Provincial Solid Waste Waste Management Plan, it
Management Plan; shall conduct consultations
(11) Review every two (2) years or as the with the various sectors of the
need arises the Provincial Solid community;
Waste Management Plan for (2) Adopt measures to promote and
purposes of ensuring its ensure the viability and
sustainability, viability, effective implementation of
effectiveness and relevance in solid waste management
relation to local and programs in its component
international developments in barangays;
the field of solid waste
(3) Monitor the implementation of the
management; and
City or Municipal Solid Waste
(12) Allow for the clustering of LGUs for Management Plan through its
the solution of common solid various political subdivisions
waste management problems. and in cooperation with the
private sector and the NGOs;
 (4) Adopt specific revenue-generating
prepare its respective 10-year solid waste management
measures to promote the
plans consistent with the national solid waste
viability of its Solid Waste
management framework: Provided, That the waste
Management Plan;
management plan shall be for the re-use, recycling and
(5) Convene regular meetings for composting of wastes generated in their respective
purposes of planning and jurisdictions: Provided, further, That the solid waste
coordinating the management plan of the LGU shall ensure the efficient
implementation of the solid management of solid waste generated within its
waste management plans of jurisdiction. The plan shall place primary emphasis on
the respective component implementation of all feasible re-use, recycling, and
barangays; composting programs while identifying the amount of
landfill and transformation capacity that will be needed
(6) Oversee the implementation of the
for solid waste which cannot be re-used, recycled, or
City or Municipal Solid Waste
composted. The plan shall contain all the components
Management Plan; cAHIaE
provided in Sec. 17 of this Act and a timetable for the
(7) Review every two (2) years or as the implementation of the solid waste management
need arises the City or program in accordance with the National Framework
Municipal Solid Waste and pursuant to the provisions of this Act: Provided,
Management Plan for purposes finally, That it shall be reviewed and updated every year
of ensuring its sustainability, by the provincial, city or municipal solid waste
viability, effectiveness and management board.
relevance in relation to local
For LGUs which have considered solid waste
and international
management alternatives to comply with Sec. 37 of this
developments in the field of
Act, but are unable to utilize such alternatives, a timetable
solid waste management;
or schedule of compliance specifying the remedial
(8) Develop the specific mechanics and measures and eventual compliance shall be included in
guidelines for the the plan.
implementation of the City or
All local government solid waste management
Municipal Solid Waste
plans shall be subjected to the approval of the
Management Plan;
Commission. The plan shall be consistent with the
(9) Recommend to appropriate local national framework and in accordance with the
government authorities provisions of this Act and of the policies set by the
specific measures or proposals Commission: Provided, That in the Province of Palawan,
for franchise or the local government solid waste management plan shall
build-operate-transfer be approved by the Palawan Council for Sustainable
agreements with duly Development, pursuant to R.A. No. 7611.
recognized institutions,
SECTION 17. The Components of the Local
pursuant to R.A. 6957, to
Government Solid Waste Management Plan. — The solid
provide either exclusive or
waste management plan shall include, but not be limited
non-exclusive authority for the
to, the following components:
collection, transfer, storage,
processing, recycling or (a) City or Municipal Profile — The plan shall
disposal of municipal solid indicate the following background information on the
waste. The proposals shall take city or municipality and its component barangays,
into consideration appropriate covering important highlights of the distinct geographic
government rules and and other conditions:
regulations on contracts,
(1) Estimated population of each barangay within the
franchises and
city or municipality and population
build-operate-transfer
projection for a 10-year period;
agreements;
(2) Illustration or map of the city/municipality,
(10) Provide the necessary logistical and
indicating locations of residential,
operational support to its
commercial, and industrial centers, and
component cities and
agricultural area, as well as dump sites,
municipalities in consonance
landfills and other solid waste facilities. The
with subsection (f) of Sec. 17 of
illustration shall indicate as well, the proposed
the Local Government Code;
sites for disposal and other solid waste
(11) Recommend measures and facilities;
safeguards against pollution
(3) Estimated solid waste generation and projection
and for the preservation of the
by source, such as residential, market,
natural ecosystem; and
commercial, industrial,
(12) Coordinate the efforts of its construction/demolition, street waste,
component barangays in the agricultural, agro-industrial, institutional,
implementation of the city or other wastes; and
municipal Solid Waste
(4) Inventory of existing waste disposal and other solid
Management Plan.
waste facilities and capacities.
SECTION 13. Establishment of Multi-Purpose
(b) Waste characterization — For the initial
Environment Cooperatives or Associations in Every LGU.
source reduction and recycling element of a local waste
— Multi-purpose cooperatives and associations that
management plan, the LGU waste characterization
shall undertake activities to promote the
component shall identify the constituent materials which
implementation and/or directly undertake projects in
comprise the solid waste generated within the
compliance with the provisions of this Act shall be
jurisdiction of the LGU. The information shall be
encouraged and promoted in every LGU.
representative of the solid waste generated and
SECTION 16. Local Government Solid Waste disposed of within that area. The constituent materials
Management Plans. — The province, city or municipality, shall be identified by volume, percentage in weight or its
through its local solid waste management boards, shall volumetric equivalent, material type, and source of
generation which includes residential, commercial,

© Compiled by RGL 170 of 188

industrial, governmental, or other sources. Future
revisions of waste characterization studies shall identify
the constituent materials which comprise the solid waste
disposed of at permitted disposal facilities.
(c) Collection and Transfer — The plan shall take
into account the geographic subdivisions to define the
coverage of the solid waste collection area in every
barangay. The barangay shall be responsible for ensuring
that a 100% collection efficiency from residential,
commercial, industrial and agricultural sources, where
necessary within its area of coverage, is achieved.
Toward this end, the plan shall define and identify the
specific strategies and activities to be undertaken by its
component barangays, taking into account the following
concerns:
(1) Availability and provision of properly designed
containers or receptacles in selected
collection points for the temporary storage of
solid waste while awaiting collection and
transfer to processing sites or to final disposal
sites;
(2) Segregation of different types of solid waste for re-
use, recycling and composting;
(3) Hauling and transfer of solid waste from source or
collection points to processing sites or final
disposal sites;
(4) Issuance and enforcement of ordinances to
effectively implement a collection system in
the barangay; and
(5) Provision of properly trained officers and workers
to handle solid waste disposal.
The plan shall define and specify the methods
and systems for the transfer of solid waste from specific
collection points to solid waste management facilities.
(d) Processing — The plan shall define the
methods and the facilities required to process the solid
waste, including the use of intermediate treatment
facilities for composting, recycling, conversion and other
waste processing systems. Other appropriate waste
processing technologies may also be considered
provided that such technologies
conform with internationally-acceptable and
other standards set in other laws and regulations.
(e) Source reduction — The source reduction
component shall include a program and implementation
schedule which shows the methods by which the LGU
will, in combination with the recycling and composting
components, reduce a sufficient amount of solid waste
disposed of in accordance with the diversion
requirements of Sec. 20.
The source reduction component shall describe
the following:
(1) strategies in reducing the volume of
solid waste generated at
source;
(2) measures for implementing such
strategies and the resources
necessary to carry out such
activities;
(3) other appropriate waste reduction
technologies that may also be
considered, provided that such
technologies conform with the
standards set pursuant to this
Act;
(4) the types of wastes to be reduced
pursuant to Sec. 15 of this Act;
(5) the methods that the LGU will use
to determine the categories of
solid wastes to be diverted
from disposal at a disposal
facility through re-use,
recycling and composting; and
(6) new facilities and of expansion of
existing facilities which will be
needed to implement re-use,
recycling and composting.
The LGU source reduction component shall
include the evaluation and identification of rate
structures and fees for the purpose of reducing the
amount of waste generated, and other source reduction
strategies, including but not limited to, programs and
economic incentives provided under Sec. 45 of this Act
to reduce the use of non-recyclable materials, replace
disposable materials and products with reusable
materials and products, reduce packaging, and increase
the efficiency of the use of paper, cardboard, glass,
metal, and other materials. The waste reduction
activities of the community shall also take into account,
among others, local capability, economic viability,
technical requirements, social concerns, disposition of
residual waste and environmental impact: Provided,
That, projection of future facilities needed and
estimated cost shall be incorporated in the plan.
(f) Recycling — The recycling component shall
include a program and implementation schedule which
shows the methods by which the LGU shall, in
combination with the source reduction and composting
components, reduce a sufficient amount of solid waste
disposed of in accordance with the diversion
requirements set in Sec. 20.
The LGU recycling component shall describe the
following:
(1) The types of materials to be recycled
under the programs;
(2) The methods for determining the
categories of solid wastes to be
diverted from disposal at a
disposal facility through
recycling; and
(3) New facilities and expansion of
existing facilities needed to
implement the recycling
component.
The LGU recycling component shall describe
methods for developing the markets for recycled
materials, including, but not limited to, an evaluation of
the feasibility of procurement preferences for the
purchase of recycled products. Each LGU may determine
and grant a price preference to encourage the purchase
of recycled products.
The five-year strategy for collecting, processing,
marketing and selling the designated recyclable
materials shall take into account persons engaged in the
business of recycling or persons otherwise providing
recycling services before the effectivity of this Act. Such
strategy may be based upon the results of the waste
composition analysis performed pursuant to this Section
or information obtained in the course of past collection
of solid waste by the local government unit, and may
include recommendations with respect to increasing the
number of materials designated for recycling pursuant to
this Act.
The LGU recycling component shall evaluate
industrial, commercial, residential, agricultural,
governmental, and other curbside, mobile, drop-off, and
buy-back recycling programs, manual and automated
materials recovery facilities, zoning, building code
changes and rate structures which encourage recycling
of materials. The Solid Waste Management Plan shall
indicate the specific measures to be undertaken to meet
the waste diversion specified under Sec. 20 of this Act.
cHAaEC
Recommended revisions to the building
ordinances, requiring newly-constructed buildings and
buildings undergoing specified alterations to contain
storage space, devices or mechanisms that facilitate
source separation and storage of designated recyclable
materials to enable the local government unit to
efficiently collect, process, market and sell the
designated materials. Such recommendations shall
include, but shall not be limited to separate chutes to
facilitate source separation in multi-family dwellings,
storage areas that conform to fire and safety code
regulations, and specialized storage containers.
The Solid Waste Management Plan shall indicate
the specific measures to be undertaken to meet the
recycling goals pursuant to the objectives of this Act.
(g) Composting — The composting component
shall include a program and implementation schedule
which shows the methods by which the LGU shall, in
combination with the source reduction and recycling
components, reduce a sufficient amount of solid waste
disposed of within its jurisdiction to comply with the
diversion requirements of Sec. 20 hereof.
The LGU composting component shall describe
the following:
(1) The types of materials which will be
composted under the
programs;
(2) The methods for determining the
categories of solid wastes to be
diverted from disposal at a
disposal facility through
composting; and
(3) New facilities, and expansion of
existing facilities needed to
implement the composting
component.
The LGU composting component shall describe
methods for developing the markets for composted
materials, including, but not limited to, an evaluation of
the feasibility of procurement preferences for the
purchase of composted products. Each LGU may
determine and grant a price preference to encourage
the purchase of composted products. DHCSTa
(h) Solid waste facility capacity and final disposal
— The solid waste facility component shall include, but
shall not be limited to, a projection of the amount of
disposal capacity needed to accommodate the solid
waste generated, reduced by the following:
(1) Implementation of source
reduction, recycling, and
composting programs required
in this Section or through
implementation of other waste
diversion activities pursuant to
Sec. 20 of this Act;
(2) Any permitted disposal facility
which will be available during
the 10-year planning period;
and
(3) All disposal capacity which has been
secured through an agreement
with another LGU, or through
an agreement with a solid
waste enterprise.
The plan shall identify existing and proposed
disposal sites and waste management facilities in the city
or municipality or in other areas. The plan shall specify the
strategies for the efficient disposal of waste through
existing disposal facilities and the identification of
prospective sites for future use. The selection and
development of disposal sites shall be made on the basis
of internationally accepted standards and on the
guidelines set in Secs. 41 and 42 of this Act.
Strategies shall be included to improve said
existing sites to reduce adverse impact on health and the
environment, and to extend life span and capacity. The
plan shall clearly define projections for future disposal
site requirements and the estimated cost for these
efforts.
Open dump sites shall not be allowed as final
disposal sites. If an open dump site is existing within the
city or municipality, the plan shall make provisions for its
closure or eventual phase out within the period specified
under the framework and pursuant to the provisions
under Sec. 37 of this Act. As an alternative, sanitary
landfill sites shall be developed and operated as a final
disposal site for solid and, eventually, residual wastes of
a municipality or city or a cluster of municipalities and/or
cities. Sanitary landfills shall be designed and operated in
accordance with the guidelines set under Secs. 40 and 41
of this Act.
(i) Education and public information — The
education and public information component shall
describe how the LGU will educate and inform its citizens
about the source reduction, recycling, and composting
programs.
The plan shall make provisions to ensure that
information on waste collection services, solid waste
management and related health and environmental
concerns are widely disseminated among the public. This
shall be undertaken through the print and broadcast
media and other government agencies in the
municipality. The DECS and the Commission on Higher
Education shall ensure that waste management shall be
incorporated in the curriculum of primary, secondary
and college students.
(j) Special waste — The special waste
component shall include existing waste handling and
disposal practices for special wastes or household
hazardous wastes, and the identification of current and
proposed programs to ensure the proper handling, re-
use, and long-term disposal of special wastes.
(k) Resource requirement and funding — The
funding component includes identification and
description of project costs, revenues, and revenue
sources the LGU will use to implement all components of
the LGU solid waste management plan.
The plan shall likewise indicate specific projects,
activities, equipment and technological requirements for
which outside sourcing of funds or materials may be
necessary to carry out the specific components of the
plan. It shall define the specific uses for its resource
requirements and indicate its costs. The plan shall
likewise indicate how the province, city or municipality
intends to generate the funds for the acquisition of its
resource requirements. It shall also indicate if certain
resource requirements are being or will be sourced from
fees, grants, donations, local funding and other means.
This will serve as basis for the determination and
assessment of incentives which may be extended to the
province, city or municipality as provided for in Sec. 45 of
this Act.
(l) Privatization of solid waste management
projects — The plan shall likewise indicate specific
measures to promote the participation of the private
sector in the management of solid wastes, particularly in
the generation and development of the essential
technologies for solid waste management. Specific
projects or component activities of the plan which may
be offered as private sector investment activity shall be
identified and promoted as such. Appropriate incentives
for private sector involvement in solid waste
management shall likewise be established and provided
for in the plan, in consonance with Sec. 45 hereof and
other existing laws, policies and regulations; and
(m) Incentive programs — A program providing
for incentives, cash or otherwise, which shall encourage
the participation of concerned sectors shall likewise be
included in the plan.
SECTION 20. Establishing Mandatory Solid
Waste Diversion. — Each LGU plan shall include an
implementation schedule which shows that within five
(5) years after the effectivity of this Act, the LGU shall
divert at least 25% of all solid waste from waste disposal
facilities through re-use, recycling, and composting
activities and other resource recovery activities:
Provided, That the waste diversion goals shall be
increased every three (3) years thereafter: Provided,
further, That nothing in this Section prohibits a local
government unit from implementing re-use, recycling,
and composting activities designed to exceed the goal.
SECTION 21. Mandatory Segregation of Solid
Wastes. — The LGUs shall evaluate alternative roles for
the public and private sectors in providing collection
services, type of collection system, or combination of
systems, that best meet their needs: Provided, That
segregation of wastes shall primarily be conducted at the
source, to include household, institutional, industrial,
commercial and agricultural sources: Provided, further,
That wastes shall be segregated into the categories
provided in Sec. 22 of this Act.
For premises containing six (6) or more residential
units, the local government unit shall promulgate
regulations requiring the owner or person in charge of
such premises to:
(a) provide for the residents a
designated area and containers
in which to accumulate source
separated recyclable materials
to be collected by the
municipality or private center;
and
(b) notify the occupants of such
buildings of the requirements
of this Act and the regulations
promulgated pursuant thereto.
SECTION 30. Prohibition on the Use of Non-
Environmentally Acceptable Packaging. — No person
owning, operating or conducting a commercial
establishment in the country shall sell or convey at retail
or possess with the intent to sell or convey at retail any
products that are placed, wrapped or packaged in or on
packaging which is not environmentally acceptable
packaging: Provided, That the Commission shall
determine a phaseout period after proper consultation
and hearing with the stakeholders or with the sectors
concerned. The presence in the commercial
establishment of non-environmentally acceptable
packaging shall constitute a rebuttable presumption of
intent to sell or convey the same at retail to customers.
Any person who is a manufacturer, broker or
warehouse operator engaging in the distribution or
transportation of commercial products within the
country shall file a report with the concerned local
government unit within one (1) year from the effectivity of
this Act, and annually thereafter, a listing of any products
in packaging which is not environmentally acceptable.
The Commission shall prescribe the form of such report in
its regulations.
A violation of this Section shall be sufficient
grounds for the revocation, suspension, denial or non-
renewal of any license for the establishment in which
the violation occurs.
SECTION 31. Recycling Market Development. —
The Commission together with the National Ecology
Center, the DTI and the Department of Finance shall
establish procedures, standards and strategies to market
recyclable materials and develop the local market for
recycled goods, including but not limited to:
(a) measures providing economic
incentives and assistance
including loans and grants for
the establishment of
privately-owned facilities to
manufacture finished products
from post-consumer materials;
(b) guarantees by the national and
local governments to purchase
a percentage of the output of
the facility; and
(c) maintaining a list of prospective
buyers, establishing contact
with prospective buyers and
reviewing and making any
necessary changes in collecting
or processing the materials to
improve their marketability.
In order to encourage establishment of new
facilities to produce goods from post-consumer and
recovered materials generated within local government
units, and to conserve energy by reducing materials
transportation, whenever appropriate, each local
government unit may arrange for long-term contracts to
purchase a substantial share of the product output of a
proposed facility which will be based in the jurisdiction
of the local government unit if such facility will
manufacture such finished products from post-consumer
and recovered materials.
SECTION 32. Establishment of LGU Materials
Recovery Facility. — There shall be established a
Materials Recovery Facility (MRF) in every barangay or
cluster of barangays. The facility shall be established in a
barangay-owned or -leased land or any suitable open
space to be determined by the barangay through its
Sanggunian. For this purpose, the barangay or cluster of
barangays shall allocate a certain parcel of land for the
MRF. The determination of site and actual establishment
of the facility shall likewise be subject to the guidelines
and criteria set pursuant to this Act. The MRF shall
receive mixed waste for final sorting, segregation,
composting, and recycling. The resulting residual wastes
shall be transferred to a long-term storage or disposal
facility or sanitary landfill.
SECTION 37. Prohibition Against the Use of Open
Dumps for Solid Waste. — No open dumps shall be
established and operated, nor any practice or disposal of
solid waste by any person, including LGUs, which
constitutes the use of open dumps for solid waste, be
allowed after the effectivity of this Act: Provided, That
within three (3) years after the effectivity of this Act, every
LGU shall convert its open dumps into controlled dumps,
in accordance with the guidelines set in Sec. 41 of this Act:
Provided,further, That no controlled dumps shall be
allowed five (5) years following the effectivity of this Act.
ARTICLE 7
Local Government Solid Waste Management
SECTION 43. Guidelines for Identification of
Common Solid Waste Management Problems. — For
purposes of encouraging and facilitating the
development of local government plans for solid waste
management, the Commission shall, as soon as
practicable but not later than six (6) months from the
effectivity of this Act, publish guidelines for the
identification of those areas which have common solid
waste management problems and are appropriate units
for clustered solid waste management services. The
guidelines shall be based on the following:
(a) the size and location of areas which
should be included;
(b) the volume of solid waste which
would be generated;
(c) the available means of coordinating
local government planning
between and among the LGUs
and for the integration of such
with the national plan; and
(d) possible lifespan of the disposal
facilities.
 SECTION 44. Establishment of Common Waste
Treatment and Disposal Facilities. — Pursuant to Sec. 33
of R.A. 7160, otherwise known as the Local Government
Code, all provinces, cities, municipalities and barangays,
through appropriate ordinances, are hereby mandated
to consolidate, or coordinate their efforts, services, and
resources for purposes of jointly addressing common
solid waste management problems and/or establishing
common waste disposal facilities.
The Department, the Commission and local solid
waste management boards shall provide technical and
marketing assistance to the LGUs.
CHAPTER V
Financing Solid Waste Management
SECTION 46. Solid Waste Management Fund. —
There is hereby created, as a special account in the
National Treasury, a Solid Waste Management Fund to
be administered by the Commission. Such fund shall be
sourced from the following:
(a) Fines and penalties imposed,
proceeds of permits and
licenses issued by the
Department under this Act,
donations, endowments, grants
and contributions from
domestic and foreign sources;
and
(b) Amounts specifically appropriated
for the Fund under the annual
General Appropriations Act.
The Fund shall be used to finance the following:
(1) products, facilities, technologies and
processes to enhance proper
solid waste management;
(2) awards and incentives;
(3) research programs;
(4) information, education,
communication and
monitoring activities;
(5) technical assistance; and
(6) capability building activities.
LGUs are entitled to avail of the Fund on the basis
of their approved solid waste management plan. Specific
criteria for the availment of the Fund shall be prepared by
the Commission.
The fines collected under Sec. 49 shall be
allocated to the LGU where the fined prohibited acts are
committed in order to finance the solid waste
management of said LGU. Such allocation shall be based
on a sharing scheme between the Fund and the LGU
concerned.
In no case, however, shall the Fund be used for
the creation of positions or payment of salaries and
wages.
SECTION 47. Authority to Collect Solid Waste
Management Fees. — The local government unit shall
impose fees in amounts sufficient to pay the costs of
preparing, adopting, and implementing a solid waste
management plan prepared pursuant to this Act. The
fees shall be based on the following minimum factors:
(a) types of solid waste;
(b) amount/volume of waste; and
(c) distance of the transfer station to
the waste management facility.
The fees shall be used to pay the actual costs
incurred by the LGU in collecting the local fees. In
determining the amounts of the fees, an LGU shall
include only those costs directly related to the adoption
and implementation of the plan and the setting and
collection of the local fees.
SECTION 50. Administrative Sanctions. — Local
government officials and officials of government
agencies concerned who fail to comply with and enforce
rules and regulations promulgated relative to this Act
shall be charged administratively in accordance with R.A.
7160 and other existing laws, rules and regulations.
8 Agricultural and Fisheries
Mechanization (AFMech) Law, Republic
Act No. 10601, [June 5, 2013]
ARTICLE VII
Responsibilities of the Local Government Units
SECTION 28. Implementation by the LGUs. — The
LGUs, pursuant to the provisions of Republic Act No. 7160,
otherwise known as the "Local Government Code of 1991",
shall undertake applied research, extension, dispersal,
management and regulation of agricultural and fisheries
machinery and equipment, including the collection of
fees.
SECTION 29. Strengthening the Agricultural
Engineering Groups of the LGUs. — The agricultural
engineering division/section of the agriculture offices of
the LGUs organized under Executive Order No. 86, Series
of 1999 and Section 46 of Republic Act No. 8435 shall
serve as the planning, coordinating, regulating and
implementing bodies at the provincial, city and municipal
levels on agricultural and fisheries engineering,
mechanization and infrastructure programs and projects
and shall have the following functions and
responsibilities:
(a) Provide agricultural engineering services which
include engineering survey, preparation and evaluation of
plans, designs, technical specifications, feasibility studies
and cost estimates/program of work of irrigation, small
water impounding, soil conservation and management,
farm machinery, slaughterhouses, poultry dressing
plants, postharvest facilities, auction markets, farm-to-
market roads and other agricultural and fisheries
infrastructure projects of the LGUs;
(b) Administer, supervise and coordinate the
construction, operation, maintenance, improvement and
management of irrigation, small water impounding, soil
and water conservation structures and facilities, farm
machinery, postharvest facilities, auction markets, farm-to-
market roads and other agricultural and fisheries
infrastructure projects of the LGUs;
(c) Undertake the registration of agri-fishery machinery
and facilities, enforcement of the PAES and other
agricultural and fishery engineering regulatory activities
in coordination and collaboration with the concerned
national government agencies;
(d) Coordinate with the concerned national government
agencies with regard to the implementation of national
government programs and projects on irrigation, farm
mechanization, postharvest facilities, farm-to-market
roads and agricultural and fisheries infrastructure;
(e) Be in the frontline of the delivery of basic agricultural
engineering services;
(f) Provide training and extension activities to farmers
and fisherfolk particularly in the installation, operation
and maintenance of their irrigation, postharvest
facilities, agricultural and fishery machinery projects in
coordination with the agriculture and fisheries extension
workers;
(g) Undertake and/or coordinate the pilot testing and
commercialization of matured agricultural and fisheries
engineering technologies; and
(h) Exercise such other powers and perform such other
duties and functions as may be prescribed by law or
ordinance.
To effectively carry out the above functions and
responsibilities, the agricultural engineering division of
the provincial and city agriculture offices, and
agricultural engineering section in the municipal
agriculture offices are hereby strengthened and
institutionalized into the organizational structure of the
LGUs, and if not yet existing, shall be created in the
particular LGUs. The LGUs belonging to the first up to
the third income classes which are providing or
implementing agricultural and fisheries infrastructure,
mechanization and engineering projects shall hire at
least one (1) agricultural engineer at the provincial, city
and municipal levels.
In the case of provincial, city and municipal LGUs
belonging to the fourth up to the sixth income classes
which are not capable of establishing then agricultural
engineering division/section due to financial constraints,
the DA through its regional agricultural engineering
divisions shall augment and perform such responsibilities
and, as deemed necessary, establish its provincial, city
and municipal operation units, and shall be allocated and
provided with necessary funding and manpower
requirements for their operation.
SECTION 33. Agricultural and Fisheries
Mechanization Programs at the Local Levels. — The
LGUs, through an ordinance, shall also formulate in
consultation with the DA and implement their respective
provincial, city and municipal agricultural and fishery
mechanization plans as a vital component of their
respective local development plans.
SECTION 38. Funding. — xxxx
xxxx
xxxx
All LGUs shall include in their investment plans,
as part of the priority appropriations for local
development fund, the funding support for the
implementation of their respective provincial, city,
municipal and barangay agricultural and fisheries
mechanization programs in accordance with Republic
Act No. 7160 and its implementing rules and regulations
and the Department of the Interior and Local Government-
Department of Budget and Management (DILG-DBM) Joint
Memorandum Circular No. 1, Series of 2005.
9 Free Internet Access in Public Places
Act, Republic Act No. 10929, [August 2,
2017]
SECTION 14. Role of National Government
Agencies and Local Government Units. — For the
purposes of this Act, the concerned NGAs and LGUs
shall:
(a) Coordinate with the DICT and the Department of
the Interior and Local Government (DILG) in
the streamlining of the application, renewal,
and approval of permits and certificates, and
the regulation, standardization, and
implementation of fees pertinent to the
effective implementation of the Program;
(b) Facilitate the access of telecommunications
companies in government or
government-owned or -controlled properties
and facilities for the deployment and
temporary storage of equipment and
property needed to construct infrastructure
or install equipment necessary for the
implementation of this Act;
(c) Align or enroll their respective programs
providing free access to internet service with
that provided in this Act;
(d) Ensure the security of installed equipment; and
(e) Assign a designated personnel who can act as site
coordinator as needed.
10 Philippine Clean Air Act of 1999,
Republic Act No. 8749, [June 23, 1999]
SECTION 2. Declaration of Principles. — The State
shall protect and advance the right of the people to a
balanced and healthful ecology in accord with the
rhythm and harmony of nature.
The State shall promote and protect the global
environment to attain sustainable development while
recognizing the primary responsibility of local
government units to deal with environmental problems.
SECTION 8. Air Quality Control Action Plan. —
xxxx
xxxx
Likewise, the LGUs, with the assistance from the
Department, shall prepare and develop an action plan
consistent with the Integrated Air Quality Improvement
Framework to attain and maintain the ambient air
quality standards within their respective airsheds as
provided in Section 9 hereof.
The local government units shall develop and
submit to the Department a procedure for carrying out
the action plan for their jurisdiction. The Department,
however, shall maintain its authority to independently
inspect the enforcement procedure adopted. The
Department shall have the power to closely supervise all
or parts of the air quality action plan until such time the
local government unit concerned can assume the
function to enforce the standards set by the
Department.
A multi-sectoral monitoring team with broad
public representation shall be convened by the
Department for each LGU to conduct periodic
inspections of air pollution sources to assess compliance
with the emission limitations contained in their permits.
SECTION 20. Ban on Incineration. xxxx
Local government units are hereby mandated to
promote, encourage and implement in their respective
jurisdiction a comprehensive ecological waste
management that includes waste segregation, recycling
and composting.
SECTION 24. Pollution from Smoking. — Smoking
inside a public building or an enclosed public place
including public vehicles and other means of transport or
in any enclosed area outside of one's private residence,
private place of work or any duly designated smoking
area is hereby prohibited under this Act. This provision
shall be implemented by the LGUs.
SECTION 36. Role of Local Government Units. —
Local government units (LGUs) shall share the
responsibility in the management and maintenance of air
quality within their territorial jurisdiction. Consistent with
Sections 7, 8 and 9 of this Act, LGUs shall implement air
quality standards set by the Board in areas within their
jurisdiction: Provided, however, That in case where the
Board has not been duly constituted and has not
promulgated its standards, the standards set forth in this
Act shall apply.
The Department shall provide the LGUs with technical
assistance, trainings and a continuing capability-building
program to prepare them to undertake full
administration of the air quality management and
regulation within their territorial jurisdiction.
 SECTION 37. Environment and Natural Resources
Office. — There may be established an Environment and
Natural Resources Office in every province, city, or
municipality which shall be headed by the environment
and natural resources officer and shall be appointed by
the Chief Executive of every province, city or
municipality in accordance with the provisions of Section
484 of Republic Act No. 7160. Its powers and duties,
among others, are:
a) To prepare comprehensive air quality
management programs, plans and
strategies within the limits set forth in
Republic Act No. 7160 and this Act which
shall be implemented within its
territorial jurisdiction upon the approval
of the sanggunian;
b) To provide technical assistance and support to
the governor or mayor, as the case may
be, in carrying out measures to ensure
the delivery of basic services and the
provision of adequate facilities relative
to air quality;
c) To take the lead in all efforts concerning air
quality protection and rehabilitation;
d) To recommend to the Board air quality
standards which shall not exceed the
maximum permissible standards set by
national laws;
e) To coordinate with other government
agencies and non-governmental
organizations in the implementation of
measures to prevent and control air
pollution; and
f) Exercise such other powers and perform such
duties and functions as may be
prescribed by law or ordinance: Provided,
however, That in
provinces/cities/municipalities where
there are no environment and natural
resources officers, the local executive
concerned may designate any of his
official and/or chief of office preferably
the provincial, city or municipal
agriculturist, or any of his employee:
Provided, finally, That in case an
employee is designated as such, he must
have a sufficient experience in
environmental and natural resources
management, conservation and
utilization.
11 The Meat Inspection Code of the
Philippines, Republic Act No. 9296, [May
12, 2004]
CHAPTER III
Responsibilities of the Local Government Units
SECTION 10. Regulation by Local Government
Units. — The locals government units, pursuant to the
provisions of Republic Act No. 7160, otherwise known at
the Local Government Code and Executive Order No. 137,
shall regulate the construction, management and
operation of slaughterhouses, meat inspection, meat
transport and post-abattoir control, monitor and evaluate
and collect fees and charges in accordance with the
national policies, procedures, guidelines, rules and
regulations and quality and safety standards as
promulgated by the Secretary.
SECTION 11. Implementation by the Local
Government Units. — The local government units shall
have full and complete authority over the activities
mentioned in the immediately preceding section as well
as the authority to evaluate and implement duly
prescribed national meat standards within their
respective territorial jurisdiction.
In order to improve slaughter facilities and
strengthen local meat inspection services, the share of
the local government units with regard to ante- and
post-mortem fees collection pursuant to the provisions
of the Local Government Code and Executive Order No.
137 shall be retained.
For the same purposes, an amount equivalent to
twenty percent (20%) of amounts collected from fees,
fines and other charges by the NMIS mentioned in
Sections 46 and 56 hereof in the enforcement and
implementation of national meat standards shall, except
for a reasonable fee for services rendered, automatically
inure to local government units which shall retain said
amount at source.
SECTION 12. Incentive for Local Government
Units. — The Local government units shall endeavor to
improve existing meat facilities to comply with national
standards. The national government shall allocate funds
as incentive equivalent to the funds available from local
government units, for this purpose.
12 Renewable Energy Act of 2008,
Republic Act No. 9513, [December 16, 2008]
SECTION 31. Incentives for RE Host
Communities/LGUs. — Eighty percent (80%) of the share
from royalty and/or government share of RE host
communities/LGUs from RE projects and activities shall
be used directly to subsidize the electricity consumption
of end-users in the RE host communities/LGUs whose
monthly consumption do not exceed one hundred
kilowatt hours (100 kWh). The subsidy may be in the form
of rebates, refunds and/or any other form as may be
determined by the DOE, the DOF and the ERC, in
coordination with the NREB.
13 The Tourism Act of 2009, Republic
Act No. 9593, [May 12, 2009]
SUBCHAPTER II-E.
Shared Responsibilities of National and Local
Governments
SECTION 35. Coordination Between National and
Local Governments. — In view of the urgent need to
develop a national strategy for tourism development
while giving due regard to the principle of local
autonomy, the Department, the Department of the
Interior and Local Government (DILG) and LGUs shall
integrate and coordinate local and national plans for
tourism development. The Department may provide
financial and technical assistance, training and other
capacity-building measures to LGUs for the preparation,
implementation and monitoring of their tourism
development plans, gathering of statistical data, and
enforcement of tourism laws and regulations, giving due
priority to areas that have been identified as strategic in
the implementation of the national tourism
development plan. LGUs shall ensure the
implementation of such plans. The Department, the TPB
and the TIEZA shall prioritize promotion and
development assistance for LGUs which successfully
adopt and implement their tourism development plans.
SECTION 36. National Tourism Development
Planning. — The Department, in coordination with its
attached agencies, LGUs and the private sector, shall
continuously update the existing national tourism
development plan in view of evolving needs and
capabilities of LGUs and the domestic and global tourism
market.
SECTION 37. Local Tourism Development
Planning. — LGUs, in consultation with stakeholders, are
encouraged to utilize their powers under Republic Act No.
7160, otherwise known as the Local Government Code of
1991, to ensure the preparation and implementation of a
tourism development plan, the enforcement of standards
and the collection of statistical data for tourism purposes.
They shall, insofar as practicable, prepare local tourism
development plans that integrate zoning, land use,
infrastructure development, the national system of
standards for tourism enterprises, heritage and
environmental protection imperatives in a manner that
encourages sustainable tourism development.
SECTION 38. Reports. — In order to monitor the
resources of the Department and to ascertain the
economic and social impact of tourism, all LGUs shall
provide an inventory of all the resources available to the
Department for use in the implementation of this Act.
They shall likewise periodically report to the Department
on the status of tourism plans and programs, tourist
arrivals and tourism enterprises, among others, within
their jurisdictions.
SECTION 39. Accreditation. — In order to
encourage global competitiveness, strengthen data
gathering and research on tourism, and facilitate the
promotion of individual enterprises and the industry as a
whole, the Department shall prescribe and regulate
standards for the operation of the tourism industry.
Primary tourism enterprises shall be periodically required
to obtain accreditation from the Department as to the
quality of their facilities and standard of services.
Accreditation shall be voluntary for secondary tourism
enterprises.
The Department shall evolve a system of
standards for the accreditation of these enterprises in
accordance with the relevant tourism development plan.
These standards shall adhere, insofar as practicable, to
those recognized internationally. The Department and
LGUs shall ensure strict compliance of tourism
enterprises with these standards.
The Department, through the Office of Tourism
Standards and Regulations, shall act on complaints
regarding accredited tourism enterprises, and after notice
and hearing, may impose fines, or downgrade, suspend
or revoke accreditation, for violation of the terms thereof.
The Department shall likewise have the power and the
duty to issue tourism advisories pertaining to tourism
enterprises found to have violated the terms of their
accreditation. A tourism advisory shall contain the
following:
(a) Complete identification of the pertinent
tourism enterprise;
(b) Location of this entity;
(c) Its registered owner or proprietor and the
business address thereof;
(d) The specific term or terms of accreditation
violated; and
(e) The statement that the advisory shall only be
lifted upon continued compliance of the
enterprise with the terms of
accreditation.
Tourism enterprises registered with the TIEZA in
accordance with the pertinent provisions below and
availing of the incentives under this Act shall further be
ordered to pay back taxes in the amount equivalent to
the difference between the taxes that they should have
paid had they not availed of the incentives under this Act
and the actual amount of taxes being paid by them
under the same incentive scheme. The back taxes to be
collected shall be computed up to three (3) years directly
preceding the date of promulgation of the decision or
order finding that the tourism enterprise violated the
terms of its accreditation. For this purpose, the
Department shall enlist the assistance of the Bureau of
Internal Revenue in arriving at an accurate computation
of back taxes to be paid by the pertinent tourism
enterprise. The proceeds of these back taxes shall be
distributed as follows:
(a) One-third to the national government;
(b) One-third to the LGUs concerned, to be
shared by them equally should there be
more than one such LGU; and
(c) One-third to the TIEZA.
Nothing in this section shall diminish the powers
of the LGUs under the Local Government Code,pertaining
to the issuance of business permits, licenses and the like.
When an enterprise fails to obtain or loses accreditation,
the Department shall notify the LGU concerned so that it
may take appropriate action in relation to an enterprise's
licenses and permits to operate.
The Department may, under such relevant terms
and conditions stipulated, delegate the enforcement of
the system of accreditation to LGUs that have adopted
and successfully implemented their tourism
development plans.
The Department shall promulgate the necessary
implementing rules and regulations to enforce the
provisions of this section pursuant to its powers and
functions as defined under Section 6 of this Act.
SECTION 40. Value of Accreditation. — The
Department shall develop a system to enhance the value
of accreditation among primary and secondary tourism
enterprises. Only accredited enterprises shall be
beneficiaries of promotional, training and other
programs of the Department and its attached agencies
and corporations.
Accredited enterprises shall, insofar as
practicable, give due preference to other accredited
enterprises in obtaining relevant services.
The Department shall develop an integrated
system of accreditation in coordination with concerned
agencies and entities, in order to reduce the regulatory
and financial burden on tourism-related enterprises.
SECTION 41. Local Government Capabilities
Enhancement. — The Department shall develop support
and training programs to enhance the capability of LGUs
to monitor and administer tourism activities, and enforce
tourism laws, rules and regulations in their respective
jurisdictions. Funding for such programs shall be shared
equitably between the Department and the LGUs
concerned.
SECTION 42. Tourism Officers. — Every province,
city or municipality in which tourism is a significant
industry shall have a permanent position for a tourism
officer. He or she shall be responsible for preparing,
implementing and updating local tourism development
plans, and enforcing tourism laws, rules and regulations.
In the performance of his or her functions, the tourism
officer shall coordinate with the Department and its
attached agencies.
Prior to appointment, every tourism officer must
have obtained a relevant bachelor's degree and at least
five (5) years of substantial involvement in the tourism
industry. The Department may also prescribe other
relevant qualifications and require periodic completion
of training programs. Such qualifications and the powers
and functions of tourism officers shall be defined in the
implementing rules and regulations of this Act.
SECTION 43. Tourism Assistance. — In
coordination with the Department's regional offices,
every province, city or municipality in which tourism is a
significant industry shall establish a tourist information
and assistance center to assist tourists and tourism
enterprises.
SECTION 44. Tourism Site Classification. — The
tourism councils established in the administrative regions
of the country shall meet, on a regular basis, to classify
and evaluate tourism destinations, sites and activities
within their respective regions. Such classifications and
evaluations may be used by the Department and its
attached agencies, LGUs, and the private sector as guide
in the development and implementation of their
respective programs.
14 Magna Carta for Homeowners and
Homeowners' Associations, Republic Act
No. 9904, [January 7, 2010]
SECTION 18. Relationship with LGUs. —
Homeowners' associations shall complement, support
and strengthen LGUs in providing vital services to their
members and help implement local government policies,
programs, ordinances, and rules.
Associations are encouraged to actively
cooperate with LGUs in furtherance of their common
goals and activities for the benefit of the residents of the
subdivisions/villages and their environs.
Where the LGUs lack resources to provide for
basic services, the associations shall endeavor to tap the
means to provide for the same. In recognition of the
associations' efforts to assist the LGUs in providing such
basic services, association dues and income derived from
rentals of their facilities shall be tax-exempt:Provided,
That such income and dues shall be used for the
cleanliness, safety, security and other basic services
needed by the members, including the maintenance of
the facilities of their respective subdivisions or villages.
LGUs shall, upon due notice, hold public
consultations with the members of the affected
associations, especially their officers and directors, where
proposed rules, zoning and other ordinances, projects
and/or programs affecting their jurisdiction and
surrounding vicinity are to be implemented prior to the
effectivity or implementation of such rules, zoning,
ordinances, projects or programs: Provided, That in cases
of zonal reclassification, the approval of a simple majority
of homeowners shall be required. aSATHE
Such public consultations shall conform to the
manner as specified in Rule XI, Article 54 of the
implementing rules and regulations of Republic Act No.
7160, otherwise known as the Local Government Code of
1991.
15 Agriculture and Fisheries
Modernization Act of 1997, Republic Act
No. 8435, [December 22, 1997]
SECTION 52. Farm-to-Market Roads. — The
Department shall coordinate with the LGUs and the
resident-farmers and fisherfolk in order to identify priority
locations of farm-to-market roads that take into account
the number of farmers and fisherfolk and their families
who shall benefit therefrom and the amount, kind and
importance of agricultural and fisheries products
produced in the area.
Construction of farm-to-market roads shall be a
priority investment of the LGUs which shall provide a
counterpart of not less than ten percent (10%) of the
project cost subject to their IRA level.
SECTION 71. Counterpart Funding from LGUs. —
The LGUs shall, within two (2) years from the effectivity of
this Act, provide at least ten percent (10%) of the
Maintenance and Other Operating Expenses (MOOE)
budget for the operation of the provincial institutes within
their area of responsibility.
In consultation with the LGUs, the CHED shall
develop a provincial-national partnership scheme for a
reasonable sharing of financial support taking into
account social equity factors for poor provinces.
SECTION 90. The Role of Local Government Units.
— The LGUs shall be responsible for delivering direct
agriculture and fisheries extension services.
The provincial governments shall integrate the
operations for the agriculture extension services and
shall
undertake an annual evaluation of all municipal
extension programs.
The extension program of state colleges and
universities shall primarily focus on the improvement of
the capability of the LGU extension service by providing:
a) Degree and non-degree training
programs;
b) Technical assistance;
c) Extension cum research activities;
d) Monitoring and evaluation of LGU
extension projects; and
e) Information support services
through the tri-media and
electronics.
SECTION 95. Extension Communication Support
for LGUs. — The Department, in coordination with the
public and private universities and colleges, shall develop
an integrated multimedia support for national and LGU
extension programs. The Department shall assist the
LGUs in the computerization of communication support
services to clients and linkages to the NIN.
SECTION 99. Participation of Government
Agencies. — The replication of the program shall be the
responsibility of the local government units concerned in
collaboration with the appropriate government agencies,
and the private sector. The local government units shall
bear the costs of promoting and monitoring the basic
needs program for which their IRA shall be increased
accordingly as recommended by the Secretary of the
Department: Provided, That the appropriate national
government agencies shall continue to provide the
necessary technical as well as financial assistance to the
LGUs in the replication of the program.
SECTION 101. Role of Government Agencies. —
The appropriate government agencies, under the
leadership of the LGUs concerned, shall provide
integrated services and information to prospective
enterprises under the one-stop-shop concept.
Local government units are authorized to
undertake investment and marketing missions provided
that the costs of such missions are borne by the LGUs
concerned. In making their land use plans, the LGUs, in
consultation with the appropriate government agencies
concerned, shall identify areas for industrial parks.
The Department shall coordinate with the
Department of Trade and Industry, in particular, the
Board of Investments, in the formulation of investment
priorities for rural areas.
The Regional Wage Boards shall consult
participating enterprises in this program before they
issue wage orders.
16 National Health Insurance Act of 2013,
Republic Act No. 10606, [June 19, 2013]
SEC. 36. Role of Local Government Units (LGUs).
— Consistent with the mandates for each political
subdivision under Republic Act No. 7160 or 'The Local
Government Code of 1991, LGUs shall provide basic health
care services.
To augment their funds, LGUs shall invest the
capitation payments given to them by the Corporation on
health infrastructures or equipment, professional fees,
drugs and supplies, or information technology and
database: Provided, That basic health care services, as
defined by the DOH and the Corporation, shall be
ensured especially with the end in view of improving
maternal, infant and child health: Provided, further, That
the capitation payments shall be segregated and placed
into a special trust fund created by LGUs and be accessed
for the use of such mandated purpose.
17 Philippine Mining Act of 1995, community
Republic Act No. 7942, [March 3, 1995]
SECTION 82. Allocation of Government Share. —
The Government share as referred to in the preceding
sections shall be shared and allocated in accordance
with Sections 290 and 292 of Republic Act No. 7160
otherwise known as the Local Government Code of
1991.In case the development and utilization of mineral
resources is undertaken by a government-owned or
controlled corporation, the sharing and allocation shall
be in accordance with Sections 291 and 292 of the said
Code.
18 The Philippine Fisheries Code of 1998,
Republic Act No. 8550, [February 25, 1998]
SECTION 6. Fees and Other Fishery Charges. —
The rentals for fishpond areas covered by the Fishpond
Lease Agreement (FLA) and license fees for Commercial
Fishing Boat Licenses (CFBL) shall be set at levels that
reflect resource rent accruing from the utilization of
resources and shall be determined by the
Department:Provided, That the Department shall also
prescribe fees and other fishery charges and issue the
corresponding license or permit for fishing gear, fishing
accessories and other fishery activities beyond the
municipal waters: Provided, further, That the license fees
of fishery activity in municipal waters shall be determined
by the Local Government Units (LGUs) in consultation
with the FARMCs. The FARMCs may also recommend the
appropriate license fees that will be imposed.
SECTION 17. Grant of Fishing Privileges in
Municipal Waters. — The duly registered fisherfolk
organizations/cooperatives shall have preference in the
grant of fishery rights by the Municipal/City Council
pursuant to Section 149 of the Local Government Code:
Provided, That in areas where there are special agencies
or offices vested with jurisdiction over municipal waters
by virtue of special laws creating these agencies such as,
but not limited to, the Laguna Lake Development
Authority and the Palawan Council for Sustainable
Development, said offices and agencies shall continue to
grant permits for proper management and
implementation of the aforementioned structures.
19 Electric Power Industry Reform Act of
2001, Republic Act No. 9136, [June 8,
2001]
SECTION 66. Benefits to Host Communities. —
The obligations of generation companies and energy
resource developers to communities hosting energy
generating facilities and/or energy resource developers as
defined under Chapter II, Sections 289 to 294 of the Local
Government Code and Section 5(i) of Republic Act No.
7638 and their implementing rules and regulations and
applicable orders and circulars consistent with this Act
shall continue: Provided, That the obligations mandated
under Chapter II, Section 291 of Republic Act No. 7160,
shall apply to privately-owned corporations or entities
utilizing the national wealth of the locality.
To ensure the effective implementation of the
reduction in cost of electricity in the communities where
the source of energy is located, the mechanics and
procedures prescribed in the Department of the Interior
and Local Government (DILG)-DOE Circulars No. 95-01
and 98-01 dated October 31, 1995 and September 30,
1998, respectively, and other issuances related thereto
shall be pursued.
Towards this end, the fund generated from the
eighty percent (80%) of the national wealth tax shall, in
no case, be used by any local government unit for any
purpose other than those for which it was intended.
In case of any violation or noncompliance by any
local government official of any provision thereof, the
DILG shall, upon prior notice and hearing, order the
project operator, through the DOE, to withhold the
remittance of the royalty payment to the host
concerned pending completion of the investigation. The
unremitted funds shall be deposited in a government
bank under a trust fund.
20 An Act Providing for the Magna
Carta of Women, Republic Act No.
9710, [August 14, 2009]
Section 9. Protection from Violence. - The State shall
ensure that all women shall be protected from all
forms of violence as provided for in existing laws.
Agencies of government shall give priority to the
defense and protection of women against gender-
based offenses and help women attain justice and
healing.
Section 30. Women in Especially Difficult
Circumstances. - For purposes of this Act, "Women in
Especially Difficult Circumstances" (WEDC) shall refer to
victims and survivors of sexual and physical abuse,
illegal recruitment, prostitution, trafficking, armed
conflict, women in detention, victims and survivors of
rape and incest, and such other related circumstances
which have incapacitated them functionally. Local
government units are therefore mandated to deliver
the necessary services and interventions to WEDC
under their respective jurisdictions.
Section 36. Gender Mainstreaming as a Strategy for
Implementing the Magna Carta of Women. - Within a
period prescribed in the implementing rules and
regulations, the National Commission on the Role of
Filipino Women (NCRFW) shall assess its gender
mainstreaming program for consistency with the
standards under this Act. It shall modify the program
accordingly to ensure that it will be an effective
strategy for implementing this Act and attaining its
objectives.
All departments, including their attached agencies,
offices, bureaus, state universities and colleges,
government-owned and -controlled corporations, local
government units, and other government
instrumentalities shall adopt gender mainstreaming as a
strategy to promote women's human rights and
eliminate gender discrimination in their systems,
structures, policies, programs, processes, and procedures
which shall include, but not limited to, the following:
(a) Planning, budgeting, monitoring and evaluation for
GAD. GAD programs addressing gender issues and
concerns shall be designed and implemented based on
the mandate of government agencies and local
government units, Republic Act No. 7192, gender
equality agenda of the government and other GAD-
related legislation, policies, and commitments. The
development of GAD programs shall proceed from the
conduct of a gender audit of the agency or the local
government unit and a gender analysis of its policies,
programs, services and the situation of its clientele; the
generation and review of sex-disaggregated data; and
consultation with gender/women's rights advocates
and agency/women clientele. The cost of implementing
GAD programs shall be the agency's or the local
government unit's GAD budget which shall be at least
five percent (5%) of the agency's or the local
government unit's total budget appropriations.
Pursuant to Republic Act No. 7192, otherwise known as
the Women in Development and Nation Building Act,
which allocates five percent (5%) to thirty percent
(30%) of overseas development assistance to GAD,
government agencies receiving official development
assistance should ensure the allocation and proper
utilization of such funds to gender-responsive
programs that complement the government GAD funds
and annually report accomplishments thereof to the
National Economic and Development Authority (NEDA)
and the Philippine Commission on Women (PCW).
The utilization and outcome of the GAD budget shall be
annually monitored and evaluated in terms of its
success in influencing the gender-responsive
implementation of
agency programs funded by the remaining ninety-five
percent (95%) budget.
The Commission on Audit (COA) shall conduct an annual
audit on the use of the GAD budget for the purpose of
determining its judicious use and the efficiency, and
effectiveness of interventions in addressing gender issues
towards the realization of the objectives of the country's
commitments, plans, and policies on women
empowerment, gender equality, and GAD.
Local government units are also encouraged to develop
and pass a GAD Code based on the gender issues and
concerns in their respective localities based on
consultation with their women constituents and the
women's empowerment and gender equality agenda of
the government. The GAD Code shall also serve as basis
for identifying programs, activities, and projects on GAD.
Where needed, temporary gender equity measures shall
be provided for in the plans of all departments, including
their attached agencies, offices, bureaus, state
universities and colleges, government-owned and
-controlled corporations, local government units, and
other government instrumentalities.
To move towards a more sustainable, gender-
responsive, and performance-based planning and
budgeting, gender issues and concerns shall be
integrated in, among others, the following plans:
(1) Macro socioeconomic plans such as the Medium-
Term Philippine Development Plan and Medium-Term
Philippine Investment Plan;
(2) Annual plans of all departments, including their
attached agencies, offices, bureaus, state universities
and colleges, and government-owned and -controlled
corporations; and
(3) Local plans and agenda such as executive-legislative
agenda, comprehensive development plan (CDP),
comprehensive land use plan (CLUP), provincial
development and physical framework plan (PDPFP), and
annual investment plan.
(b) Creation and/or Strengthening of the GAD Focal
Points (GFP). All departments, including their attached
agencies, offices, bureaus, state universities and
colleges, government- owned and -controlled
corporations, local government units, and other
government instrumentalities shall establish or
strengthen their GAD Focal Point System or similar GAD
mechanism to catalyze and accelerate gender
mainstreaming within the agency or local government
unit.
The GAD Focal Point System shall be composed of the
agency head or local chief executive, an executive
committee with an Undersecretary (or its equivalent),
local government unit official, or office in a strategic
decision-making position as Chair; and a technical
working group or secretariat which is composed of
representatives from various divisions or offices within
the agency or local government unit.
The tasks and functions of the members of the GFP shall
form part of their regular key result areas and shall be
given due consideration in their performance evaluation.
(c) Generation and Maintenance of GAD Database. All
departments, including their attached agencies, offices,
bureaus, state universities and colleges,
government-owned and - controlled corporations, local
government units, and other government
instrumentalities shall develop and maintain a GAD
database containing gender statistics and
sexdisaggregated data that have been systematically
gathered, regularly updated; and subjected to; gender
analysis for planning, programming, and policy
formulation.
Section 41. Penalties. - Upon finding of the CHR that a
department, agency, or instrumentality of government,
government-owned and -controlled corporation, or local
government unit has violated any provision of this Act
© Compiled by RGL
and its implementing rules and regulations, the sanctions
under administrative law, civil service, or other
appropriate laws shall be recommended to the Civil
Service Commission and/or the Department of the
Interior and Local Government. The person directly
responsible for the violation as well as the head of the
agency or local chief executive shall be held liable under
this Act.
Section 42. Incentives and Awards. - There shall be
established an incentives and awards system which shall
be administered by a board under such rules and
regulations as may be promulgated by the PCW to
deserving entities, government agencies, and local
government units for their outstanding performance in
upholding the rights of women and effective
implementation of gender-responsive programs.
21 Universal Newborn Hearing Screening
and Intervention Act of 2009, Republic Act
No. 9709, [August 12, 2009]
Section 13. Government Intervention on Newborn
Hearing Loss. - If the newborn is diagnosed to have
congenital hearing loss, the Newborn Hearing Screening
Center or barangay health workers shall provide referral
for the treatment of the newborn to the provincial
hospital of the local government unit concerned.
If the treatment of the congenital hearing loss of the
newborn is beyond the clinical capability of the provincial
hospital, the latter shall provide referral for the treatment
of the newborn to a Department of Health Tertiary
Hospital, the Philippine General Hospital, or other
national non-DOH hospitals funded by the national
government subsidy.
The provincial hospitals concerned shall have the funds
for the treatment of newborn hearing loss from the
internal revenue allotment of the local government unit
concerned.
22 National Cultural Heritage Act of 2009,
Republic Act No. 10066, [March 24, 2010]
ARTICLE IV
HERITAGE ZONES
Section 12. Designation of Heritage Zones. - The National
Historical Institute and the National Museum, in
consultation with the Commission and the Housing and
Land Use Regulatory Board or other concerned agencies,
shall designate heritage zones to protect the historical
and cultural integrity of a geographical area.
Section 13. Maintenance of Heritage Zones. - A heritage
zone shall be maintained by the local government unit
concerned, in accordance with the following guidelines:
(a) Implementation of adaptive reuse of cultural property;
(b) Appearance of streets, parks, monuments, buildings,
and natural bodies of water, canals, paths and barangays
within a locality shall be maintained as close to their
appearance at the time the area was of most importance
to Philippine history as determined by the National
Historical Institute; and
(c) Local government units shall document and sustain all
sociocultural practices such as, but not limited to,
traditional celebrations, historical battles, recreation of
customs, and the reenactment of battles and other local
customs that are unique to a locality.
Section 14. Establishment of a Philippine Registry of
Cultural Property. - All cultural properties of the country
deemed important to cultural heritage shall be registered
in the Philippine Registry of Cultural Property.
The Commission, through the appropriate cultural
agencies and local government units, shall establish and
maintain this Registry within three (3) years from the
180 of 188
effectivity of this Act. The guidelines in the registration of
cultural property are as follows:
xxxx
(b) Local government units, through their cultural offices,
shall likewise maintain an inventory of cultural property
under its jurisdiction and shall furnish the Commission a
copy of the same;
(c) Both cultural agencies concerned and local
government units shall continuously coordinate in
making entries and in monitoring the various cultural
properties in their respective inventory;
xxx
Section 16. Documentation and Preservation of
Traditional and Contemporary Arts. - Local government
units shall document traditional and contemporary arts
and crafts, including their processes and makers, and
sustain the sources of their raw materials. Local
government units shall encourage and sustain traditional
arts and crafts as active and viable sources of income for
the community.
The Commission, the Department of Trade and Industry,
the Department of Tourism and other government
agencies involved directly or indirectly in the production
of goods shall assist the local government units in
protecting their traditional and contemporary arts and
crafts, making them viable for current and future
markets, with a view to encouraging and promoting the
unique heritage and identities of said communities.
The local government unit concerned shall submit an
annual inventory of these documentations to the
Commission, which will be included in the Philippine
Registry of Cultural Property, as established in Section 14
of this Act.
Section 25. Power to Issue a Cease and Desist Order. -
When the physical integrity of the national cultural
treasures or important cultural properties are found to be
in danger of destruction or significant alteration from its
original state, the appropriate cultural agency shall
immediately issue a Cease and Desist Order ex parte
suspending all activities that will affect the cultural
property. The local government unit which has the
jurisdiction over the site where the immovable cultural
property is located shall report the same to the
appropriate cultural agency immediately upon discovery
and shall promptly adopt measures to secure the
integrity of such immovable cultural property. Thereafter,
the appropriate cultural agency shall give notice to the
owner or occupant of the cultural property and conduct a
hearing on the propriety of the issuance of the Cease and
Desist Order. The suspension of the activities shall be
lifted only upon the written authority of the appropriate
cultural agency after due notice and hearing involving
the interested parties and stakeholders.
Section 30. Anthropological Research
Archaeological Exploration/Excavation. -
xxxx
(b)When the presence of any cultural or historical
property is discovered, the National Museum or the
National Historical Institute shall immediately suspend
all activities that will affect the site and shall
immediately notify the local government unit having
jurisdiction of the place where the discovery was made.
The local government shall promptly adopt measures to
protect and safeguard the integrity of the cultural
property so discovered and, within five (5) days from the
discovery, shall report the same to the appropriate
agency. The suspension of these activities shall be lifted
only upon the written authority of the National Museum
or the National Historical Institute and only after the
systematic recovery of the archaeological materials.
Section 33. Incorporation of Cultural Property Programs
in Local Government Units' Budgets. - The local
government units are encouraged to incorporate
programs and budgets for the conservation and
preservation of cultural property in their environmental,
educational and cultural activities.
Section 34. Training Programs. - The Commission, in
coordination with the appropriate cultural agencies,
shall provide general training programs on conservation
to the local government units which have established
cultural heritage programs and projects in their
localities.
23 Climate Change Act of 2009,
Republic Act No. 9729, [October 23,
2009]
Section 14. Local Climate Change Action Plan. – The
LGUs shall be the frontline agencies in the formulation,
planning and implementation of climate change action
plans in their respective areas, consistent with the
provisions of the Local Government Code, the
Framework, and the National Climate Change Action
Plan.
Barangays shall be directly involved with municipal and
city governments in prioritizing climate change issues
and in identifying and implementing best practices and
other solutions. Municipal and city governments shall
consider climate change adaptation, as one of their
regular functions. Provincial governments shall provide
technical assistance, enforcement and information
management in support of municipal and city climate
change action plans. Inter-local government unit
collaboration shall be maximized in the conduct of
climate- related activities.
LGUs shall regularly update their respective action plans
to reflect changing social, economic, and environmental
conditions and emerging issues. The LGUs shall furnish
the Commission with copies of their action plans and all
subsequent amendments, modifications and revisions
thereof, within one (1) month from their adoption. The
LGUs shall mobilize and allocate necessary personnel,
resources and logistics to effectively implement their
respective action plans.
The local chief executive shall appoint the person
responsible for the formulation and implementation of
the local action plan.
It shall be the responsibility of the national government
to extend technical and financial assistance to LGUs for
the accomplishment of their Local Climate Change
Action Plans.
The LGU is hereby expressly authorized to appropriate
and use the amount from its Internal Revenue Allotment
necessary to implement said local plan effectively, any
provision in the Local Government Code to the contrary
notwithstanding.
and 24 Anti-Child Pornography Act of 2009,
Republic Act No. 9775, [November 17, 2009]
Section 12. Authority to Regulate Internet Café or Kiosk.
- The local government unit (LGU) of the city or
municipality where an internet café or kiosk is located
shall have the authority to monitor and regulate the
establishment and operation of the same or similar
establishments in order to prevent violation of the
provisions of this Act.
25 Foster Care Act of 2012, Republic Act
No. 10165, [June 11, 2012]
ARTICLE VII
LOCAL GOVERNMENT UNITS
Section 18. Role of Local Government Units (LGUs). – LGUs
shall promote the foster care system in their respective
territorial jurisdictions.
Section 19. Funding. – In accordance with the Local
Government Code, LGUs shall primarily be responsible
for social welfare services which include foster care
programs. However, the national government shall
provide financial support, priority given to third (3rd),
fourth (4th) and fifth (5th) class municipalities.
Section 20. Seminars and Trainings. – The DSWD, in
coordination with the Department of the Interior and
Local Government (DILG), is hereby mandated to
develop and provide programs to ensure the awareness
and responsiveness of local government officials in the
promotion and development of the foster care system in
every city, municipality or barangay.
26 Philippine National Police Reform and
Reorganization Act of 1998, Republic Act
No. 8551, [February 25, 1998]
TITLE VIII
PARTICIPATION OF LOCAL GOVERNMENT EXECUTIVES
IN THE ADMINISTRATION OF THE PNP
Section 62. The provisions of the second, third, fourth and
fifth paragraphs of subparagraph (b) (1), Section 51,
Chapter III-D of Republic Act No. 6975 are hereby
amended to read as follows:
"The term 'operational supervision and control' shall
mean the power to direct, superintend, and oversee the
day-to-day functions of police investigation of crime,
crime prevention activities, and traffic control in
accordance with the rules and regulations promulgated
by the Commission.
"It shall also include the power to direct the employment
and deployment of units or elements of the PNP,
through the station commander, to ensure public safety
and effective maintenance of peace and order within the
locality. For this purpose, the terms 'employment' and
'deployment' shall mean as follows:
"'Employment' refers to the utilization of units or
elements of the PNP for purposes of protection of lives
and properties, enforcement of laws, maintenance of
peace and order, prevention of crimes, arrest of criminal
offenders and bringing the offenders to justice, and
ensuring public safety, particularly in the suppression of
disorders, riots, lawlessness, violence, rebellious and
seditious conspiracy, insurgency, subversion or other
related activities.
"'Deployment' shall mean the orderly and organized
physical movement of elements or units of the PNP
within the province, city or municipality for purposes of
employment as herein defined."
Section 63. Section 51 (b) (4) of Republic Act No. 6975 is
hereby amended to read as follows:
"(4) Other Powers. In addition to the aforementioned
powers, city and municipal mayors shall have the
following authority over the PNP units in their respective
jurisdictions:
"(i) Authority to choose the chief of police from a list
of five (5) eligibles recommended by the provincial
police director, preferably from the same province, city
or municipality: Provided, however, That in no case shall
an officer-in-charge be designated for more than thirty
(30) days: Provided, further, That the local peace and
order council may, through the city or municipal mayor,
recommend the recall or reassignment of the chief of
police when, in its perception, the latter has been
ineffective in combating crime or maintaining peace and
order in the city or municipality: Provided, finally, That
such relief shall be based on guidelines established by
the NAPOLCOM;
"(ii) Authority to recommend to the provincial
director the transfer, reassignment or detail of PNP
members outside of their respective city or town
residences; and
"(iii) Authority to recommend from a list of eligibles
previously screened by the peace and order council the
appointment of new members of the PNP to be assigned
to their respective cities or municipalities without which
no such appointments shall be attested: Provided, That
whenever practicable and consistent with the
requirements of the service, PNP members shall be
assigned to the city or municipality of their residence.
"The control and supervision of anti-gambling operations
shall be within the jurisdiction of local government
executives."
Section 64. Automatic Deputation of Local
Government Executives as Commission
Representatives. – Governors and mayors, upon having
been elected and living qualified as such, are
automatically deputized as representatives of the
National Police Commission in their respective
jurisdiction. As deputized agents of the Commission,
local government executives can inspect police forces
and units, conduct audit, and exercise other functions as
may be duly authorized by the Commission.
Section 65. Section 52 of Republic Act No. 6975 is hereby
amended to read as follows:
"SEC. 52. Suspension or Withdrawal of Deputation.
– Unless reversed by the President, the Commission
may, after consultation with the provincial governor and
congressman concerned, suspend or withdraw the
deputation of any local executive for any of the following
grounds:
"(a) Frequent unauthorized absences;
"(b) Abuse of authority;
"(c) Providing material support to criminal elements;
or
"(d) Engaging in acts inimical to national security or
which negate the effectiveness of the peace and order
campaign.
"Upon good cause shown, the President may, directly or
through the Commission, motu proprio restore such
deputation withdrawn from any local executive."
Section 70. Budget Allocation. – The annual budget of
the Local Government Units (LGU) shall include an item
and the corresponding appropriation for the
maintenance and operation of their local PLEBs.
27 Comprehensive Dangerous Drugs
Act of 2002, Republic Act No. 9165,
[June 7, 2002]
ARTICLE VII
Participation of Local Government Units
Section 51. Local Government Units' Assistance. – Local
government units shall appropriate a substantial portion
of their respective annual budgets to assist in or enhance
the enforcement of this Act giving priority to preventive
or educational programs and the rehabilitation or
treatment of drug dependents.
Section 52. Abatement of Drug Related Public
Nuisances. – Any place or premises which have been used
on two or more occasions as the site of the unlawful sale
or delivery of dangerous drugs may be declared to be a
public nuisance, and such nuisance may be abated,
pursuant to the following procedures:
(1) Any city or municipality may, by ordinance, create an
administrative board to hear complaints regarding the
nuisances;
(2) any employee, officer, or resident of the city or
municipality may bring a complaint before the Board
after giving not less than three (3) days written notice of
such complaint to the owner of the place or premises at
his/her last known address; and
(3) After hearing in which the Board may consider any
evidence, including evidence of the general reputation of
the place or premises, and at which the owner of the
premises shall have an opportunity to present evidence
in
his/her defense, the Board may declare the place or
premises to be a public nuisance.
Section 53. Effect of Board Declaration. – If the Board
declares a place or premises to be a public nuisance, it
may declare an order immediately prohibiting the
conduct, operation, or maintenance of any business or
activity on the premises which is conducive to such
nuisance.
An order entered under this Section shall expire after
one
(1) year or at such earlier time as stated in the order.
The Board may bring a complaint seeking a permanent
injunction against any nuisance described under this
Section.
This Article does not restrict the right of any person to
proceed under the Civil Code against any public
nuisance.
28 National Archives of the Philippines
Act of 2007, Republic Act No. 9470, [May
21,
2007]
SEC. 4. Definition of Terms. - For purposes of this Act,
the following definitions shall hereby apply:
(a) "Agency head" refers to the person responsible for the
performance of a government office and/or the person
responsible for, the performance of the LGU, such as the
chief executive elected under the Local Government
Code of 1991.
xxxx
(e) "Controlling local government" shall refer to:
(1) The LGU that has custody and control over the local
government records; and
(2) Any successor to the LGU that is abolished, merged or
reorganized.
xxxx
(m) "Local government archives" refers to local
government records that have been collected by the
controlling LGU that served as historical evidences in the
performance of its duties.
(n) "Local government records" refers to records in any
form, in whole or in part, created or received, whether
before or after the effectivity of this Act, by an LGU in the
conduct of its affairs.
(p) "Open access records" refers to:
xxxx
(2) Local government archives that are no longer in use, or
have been in existence for at least thirty (30) years and are
classified as open access records referred under Section
32, and to which public access have not been prohibited,
under Section 33 of this Act.
xxxx
(s) "Protected record refers to local government records
containing data that are important from economic,
social, political, legal, national security, scientific,
cultural, technological or other aspects, which are
indispensable for the research of historical past, for
becoming acquainted with and understanding it, and/or
for the continuous fulfillment of public duties and the
realization of citizens' rights, which are not or only
partially available from other sources.
SEC. 23. Protected Records of Local Governments. - (a)
The executive director may, by notice in the Official
Gazette made after consultation with any local
government concerned, declare that a local government
record is a protected record for purposes of this Act.
(b) An LGU shall provide for the adequate protection and
preservation of a protected record it holds, in accordance
with any applicable standards or instructions issued by
the executive director.
(c) An LGU shall not dispose of a protected record unless
it has:
(1) Notified in writing the executive director of its
intention to dispose of the protected records;
(2) Identified the protected record concerned; and
(3) Specified how it intends to dispose of the protected
record.
(d) Not later than three months after receiving written
notification under subsection (c)(l), the executive
director shall:
(1) Direct the local government in writing to transfer the
protected record to the control of the executive director,
subject to conditions agreed by the head of an LGU and
the executive director; or
(2) Authorize the disposal of the protected record
identified under subsection (c)(2).
SEC. 32. Access Status of Local Government Records. -
(a) When a local government record becomes a local
government archive, the head of the local government
shall classify it as either:
(1) An open access record; or
(2) A restricted access record.
(b) The head of a local government may, at any time,
change the classification of a local government record.
SEC. 33. Grounds for Determining Access Status of
Local Government Records. - (a) In classifying the access
status of a local government record, the head of the
controlling local government shall consider the
following:
(1) There are good reasons to restrict public access to the
local government record, having regard to any relevant
standard or advice issued by the executive director; or
(2) There exists a legal impediment that requires such
local government record to be withheld from public
access.
(b) If there are no good reasons to restrict public access
under subsection (a)(l), or if no legal impediment exists
that requires a local government record to be withheld
from public access, the head of the controlling
government office shall classify the record as an open
access record.
(c) However, if there are good reasons to restrict public
access under subsection (a)(l), or if a legal impediment so
requires a local government record to be withheld from
public access, the head of the controlling local
government shall, having regard to any relevant standard
or advice issued by the executive director determine
whether it is necessary to restrict public access to the
local government record for a specified period of time,
but which shall not be for a period exceeding thirty (30)
years or permit public access subject to the appropriate
conditions.
(d) Despite subsection (c), the head of the local
government may, if there is good reason to do so,
restrict public access to the local government record for
one or more further specified periods not exceeding
thirty (30) years for each further period.
(e) At any time, the head of the controlling local
government, having regard to any relevant standard or
advice issued by the executive director, may vary or
withdraw a condition imposed.
(f) A local government record, subject to a restriction
under subsection (c), becomes an open access record on
the withdrawal of the restriction.
29 Anti-Rabies Act of 2007, Republic Act
No. 9482, [May 25, 2007]
SEC. 7. Responsibilities of the LGUs. - LGUs, in their
respective localities, shall:
(1) Ensure that all Dogs are properly immunized,
registered and issued a corresponding Dog tag for every
immunized and registered Dog.
(2) Strictly enforce Dog Impounding activities and field
control to eliminate Stray Dogs.
(3) Ensure that Dogs are leashed or confined within the
premises of the Owner's house or Owner's fenced
surroundings.
(4) Allocate funds to augment the implementation of the
National Rabies Prevention and Control Program,
particularly on the financing of supplies and human and
Dog vaccines needed for immunization.
(5) Ensure the enforcement of Section 6 of Republic Act
No. 8485 or "The Animal Welfare Act of 1998".
(6) Enact additional local ordinances that will support the
National Rabies Prevention and Control Program that
should include the regulation of treatment locally known
as "tandok."
(7) Prohibit the trade of Dogs for meat.
(8) With respect to cities and first class municipalities,
establish and maintain a Dog Pound where Impounded
Dogs shall be kept, in accordance with Section 9 herein:
Provided, That the other municipalities, shall, on their
own, establish a Dog Pound or opt to share the expense
of establishing and maintaining a Dog Pound with other
adjoining municipalities and/or with private animal
shelters and control facilities.
(9) Prohibit the use of electrocution as a euthanasia
procedure.
(10) Appoint a veterinarian and establish a veterinary
office in every province, city and first-class municipality:
Provided, That the other municipalities shall, on their
own, opt to share the expense of having a veterinary
office.
(11) Require pet shops to post information regarding
Rabies and responsible pet ownership.
(12) For purposes of ensuring the administrative feasibility
of implementing the provisions of this Act and subject to
paragraph 8 of this Section, the LGU shall collect the fines
imposed under Section 11 subparagraphs (1). (3), (4), (5)
and (6) hereof.
Any and all fines collected pursuant to this Act shall be
used for the enhancement of the National Rabies
Prevention and Control Program within the locality
concerned, as well as the achievement of the objectives
envisioned in this Act.
The DILG shall ensure compliance of these responsibilities
by the LGUs.
SEC. 9. Impounding Field Control and Disposition of
Unregistered, Stray and Unvaccinated Dogs. -
Unregistered, Stray or unvaccinated Dogs shall be put in
Dog Pounds and disposed of, taking into consideration
the following guidelines:
(1) Unregistered, Stray or unvaccinated Dogs shall be
impounded and kept in the LGU’s designated Dog
Pound.
(2) Impounded Dogs not claimed after three days from the
Dog Pound shall be placed for adoption to qualified
persons, with the assistance of an animal welfare NGO,
when feasible, or otherwise disposed of in any manner
authorized, subject to the pertinent provisions of
Republic Act No. 8485, otherwise known as the "Animal
Welfare Act of 1998".
(3) A fee shall be paid by Owners of Impounded Dogs to
the LGU concerned, pursuant to Section 7 hereof.
SEC. 10. Dog Population Control. - In furtherance of the
policy of this Act to eradicate Rabies, there is the need to
control the Dog population and minimize the number of
unwanted Stray Dogs. As such, it is hereby mandated
(1) That the DA, DOH, DILG, DepEd, LGUs, with the
assistance of NGOs and POs shall undertake an
educational and promotional campaign on responsible
Pet Ownership, including the option of spaying or
neutering their Dogs.
(2) That the LGUs shall provide an incentive system
whereby Owners of Dogs which have been spayed or
neutered will be given a subsidized or discounted pet
registration fee.
(3) That Dogs which have been impounded three times
shall only be released after having been spayed or
neutered, at the expense of the Pet's Owner.
SEC. 13. Appropriations. - xxxx For the LGUs, the
requirements shall be taken from their Internal Revenue
Allotment and other local funds. Xxxx
30 Public Employment Service O ce Act
of 1999, Republic Act No. 8759, [February
14, 2000] as amended by RA No 10691,
[October 26, 2015]
Section 3. Establishment of the Public Employment
Service Office. – To carry out the above declared policy,
there shall be established in all provinces, cities, and
municipalities a Public Employment Service Office,
hereinafter referred to as ‘PESO’, which shall be
operated and maintained by local government units
(LGUs). The PESOs shall be linked to the regional offices
of the Department of Labor and Employment (DOLE) for
coordination and technical supervision, and to the DOLE
central office, to constitute the national public
employment service network.
The PESO shall be under the office of the governor, city
or municipal mayor. The PESO shall be initially organized
by and composed of a PESO manager and may be
assisted by a labor and employment officer (LEO) as may
be determined by the LGU.
Upon the request of accredited nongovernment
organizations (NGOs) or educational institutions (Els),
the DOLE may enter into a memorandum of agreement
for the NGO and EI to establish, operate and maintain a
PESO and a job placement office, respectively.
To harmonize the provision of employment services in a
given territorial jurisdiction, the PESO at the NGOs and
the job placement office in Els shall coordinate their
activities with the appropriate LGU PESO.
Section 7. Role of the DOLE and the LGUs. – The LGUs, in
coordination with the DOLE, shall establish the PESO.
xxxx
The LGU shall establish a monitoring system wherein
establishments operating in the locality shall report the
following relevant labor market information to the
concerned office of the LGU:
(1) Present number and nature of jobs; and
(2) Projection of jobs that the establishment will provide
or offer in the next five (5) years.
The information shall be submitted to the PESO for job
matching and to Els for career guidance of the students.
It shall be the responsibility of the concerned LGU to:
(i) Operate and maintain the PESO;
(ii) Ensure compliance with the operational standards set
by the DOLE;
(iii) Extend such assistance and services as may be
necessary in the promotion of employment within the
area of jurisdiction; and
(iv) Submit to the DOLE periodic: performance and
accomplishment reports.
Section 9. Funding. – The funding for the operation and
maintenance of the PESO shall be provided by the LGU
from its internal revenue allotment and other internally
generated income of the LGU concerned. Likewise, the
operation and maintenance of the NGO PESOs and job
placement offices of Els shall be charged against their
internally generated income.
Funds for the provision of technical assistance, training
and supervision of the PESO shall be included in the
budget of the DOLE in the annual General
Appropriations Act.
The amount necessary to implement the provisions of
this Act shall be included by the Department of Budget
and Management in the annual General Appropriations
Act.
31 Children's Emergency Relief and
Protection Act, Republic Act No.
10821, [May 18, 2016]
SEC. 4. Comprehensive Emergency Program for Children.
– The Department of Social Welfare and Development
(DSWD) shall formulate a Comprehensive Emergency
Program for Children, hereinafter referred to as the
Program, taking into consideration humanitarian
standards for their protection. The Program shall be
used as the basis for handling disasters and other
emergency situations to protect children, pregnant and
lactating mothers, and support their immediate
recovery. This shall be implemented immediately after
the declaration of a national or local state of calamity or
occurrence of any other emergency situation.
The DSWD shall engage all relevant government
agencies and stakeholders for the implementation of the
Program. Local government units (LGUs) shall integrate
the same in their development and Local Disaster Risk
Reduction and Management (LDRRM) plans and budget.
The Program shall be gender-sensitive and have the
following components:
(a) Establishment of Evacuation Centers. – LGUs shall
establish and identify safe locations as evacuation
centers for children and families subject to the
limitations found in Section 5 of this Act.
xxxx
(d) Stronger Measures to Ensure the Safety and Security
of Affected Children.– xxxx
xxxx
xxxx
All LGUs shall prioritize the establishment and
functionality of the barangay violence against women
and children (VAWC) desks. The VAWC desk shall serve
as one of the key reporting and referral mechanism for
cases of violence, abuse, and exploitation of children in
the barangay diming all phases of emergency response
and recovery.
xxxx
(g) Establishment of Child-friendly Spaces. – The
concerned LGU shall set up child-friendly spaces in every
city or municipality declared under a state of calamity, as
needed, based on the guidelines to be promulgated by
the DSWD. In addition, LGUs shall coordinate with lead
agencies and CSOs to effectively respond to the needs of
the children in the area. Child-friendly spaces shall be
made available throughout a crisis, from emergencies to
recovery.
In case the concerned LGU cannot immediately respond
due to the huge impact of disaster, the DSWD, together
with the concerned national government agencies and in
coordination with the CSOs and other stakeholders, as
well as nearby LGUs, shall provide the necessary child
care services and social protection of affected children.
SEC. 5. Evacuation Centers. – Only in cases where there
is no other available place or structure which can be
used as a general evacuation center may a school or
child development center be used as an evacuation
center.
When a school or child development center is used as an
evacuation center, gymnasiums, learning and activity
centers, auditoriums and other open spaces shall be
utilized first. Classrooms shall only be used as a last
resort. The use of the school premises shall be as brief as
possible. If the use is predicted to exceed fifteen (15)
days, the affected LGU shall provide written
documentation to the DepED and the DILG on the
following:
(a) The name and location of the school;
(b) All alternative sites and proposal for final site selection;
(c) Measures being implemented to prevent interference
or disruption to the school and educational activities of
children; and
(d) Other particulars to be provided in the implementing
rules and regulations of this Act.
SEC. 10. Appropriations. – xxxx
For LGUs, the implementation of the programs shall be
charged against the Local Disaster Risk Reduction and
Management Fund (LDRRMF).
32 JobStart Philippines Act, Republic
Act No. 10869, [June 29, 2016]
SECTION 19. Partnership with Local Government.
— The LGUs, through the PESOs, shall serve as the
conduit of the DOLE in implementing the program at the
local level. The PESOs are expected to:
(a) Hire adequate staff to ensure the smooth
implementation of the program;
(b) Organize the registration process for the
program intake of registrants;
(c) Process and evaluate information of
registrants and select eligible program beneficiaries;
(d) Conduct job matching and referral;
(e) Collect and review relevant financial and
administrative documents and reports as necessary for
the processing of the training grants to the JobStart
trainees, as well as the administrative fee provided to the
employer;
(f) Maintain a complete profile and record of
transactions of program participants and employers; and
(g) Submit a monthly program monitoring report
to the DOLE, copy furnished the concerned DOLE
regional and field offices, and the office of the local chief
executive.
33 Juvenile Justice and Welfare Act of
2006, Republic Act No. 9344, [April 28,
2006] as amended by RA No 10630,
[October 3, 2013]
SEC. 4. Definition of Terms. - The following terms as
used in this Act shall be defined as follows:
xxxx
(s) ‘Bahay Pag-asa’ – refers to a 24-hour child-caring
institution established, funded and managed by local
government units (LGUs) and licensed and/or accredited
nongovernment organizations (NGOs) providing short-
term residential care for children in conflict with the law
who are above fifteen (15) but below eighteen (18) years
of age who are awaiting court disposition of their cases
or transfer to other agencies or jurisdiction.
Part of the features of a ‘Bahay Pag-asa’ is an intensive
juvenile intervention and support center. This will cater to
children in conflict with the law in accordance with
Sections 20, 20-A and 20-B hereof.
A multi-disciplinary team composed of a social worker, a
psychologist/mental health professional, a medical
doctor, an educational/guidance counselor and a
Barangay Council for the Protection of Children (BCPC)
member shall operate the ‘Bahay Pag-asa’. The team will
work on the individualized intervention plan with the
child and the child’s family.
(t) "Youth Rehabilitation Center" refers to a 24-hour
residential care facility managed by the Department of
Social Welfare and Development (DSWD), LGUs, licensed
and/or accredited NGOs monitored by the DSWD, which
provides care, treatment and rehabilitation services for
children in conflict with the law. Rehabilitation services
are provided under the guidance of a trained staff where
residents are cared for under a structured therapeutic
environment with the end view of reintegrating them
into their families and communities as socially
functioning individuals. Physical mobility of residents of
said centers may be restricted pending court disposition
of the charges against them.
xxxx
SEC. 16. Appointment of Local Social Welfare and
Development Officer. - All LGUs shall appoint a duly
licensed social worker as its local social welfare and
development officer tasked to assist children in conflict
with the law.
SEC. 17. The Sangguniang Kabataan. - The
Sangguniang Kabataan (SK) shall coordinate with the
LCPC in the formulation and implementation of juvenile
intervention and diversion programs in the community.
CHAPTER 2
COMPREHENSIVE JUVENILE INTERVENTION PROGRAM
SEC. 18. Development of a Comprehensive Juvenile
Intervention Program. - A Comprehensive juvenile
intervention program covering at least a 3-year period
shall be instituted in LGUs from the barangay to the
provincial level.
The LGUs shall set aside an amount necessary to
implement their respective juvenile intervention
programs in their annual budget.
The LGUs, in coordination with the LCPC, shall call on all
sectors concerned, particularly the child-focused
institutions, NGOs, people's organizations, educational
institutions and government agencies involved in
delinquency prevention to participate in the planning
process and implementation of juvenile intervention
programs. Such programs shall be implemented
consistent with the national program formulated and
designed by the JJWC. The implementation of the
comprehensive juvenile intervention program shall be
reviewed and assessed annually by the LGUs in
coordination with the LCPC. Results of the assessment
shall be submitted by the provincial and city
governments to the JJWC not later than March 30 of
every year.
SEC. 19. Community-based Programs on Juvenile
Justice and Welfare. - Community-based programs on
juvenile justice and welfare shall be instituted by the
LGUs through the LCPC, school, youth organizations and
other concerned agencies. The LGUs shall provide
community-based services which respond to the special
needs, problems, interests and concerns of children and
which offer appropriate counseling and guidance to
them and their families. These programs shall consist of
three levels:
(a) Primary intervention includes general measures to
promote social justice and equal opportunity, which
tackle perceived root causes of offending;
(b) Secondary intervention includes measures to assist
children at risk; and
(c) Tertiary intervention includes measures to avoid
unnecessary contact with the formal justice system and
other measures to prevent re-offending.
SEC. 49. Establishment of ‘Bahay Pag-asa’. - Each
province and highly-urbanized city (the LGUs) shall be
responsible for building, funding and operating a ‘Bahay
Pag-asa’ within their jurisdiction following the standards
that will be set by the DSWD and adopted by the JJWC.
Every ‘Bahay Pag-asa’ will have a special facility called the
Intensive Juvenile Intervention and Support Center
(IJISC). This Center will be allocated for children in conflict
with the law in accordance with Sections 20, 20-A and 20-
B hereof. These children will be required to undergo a
more intensive multi-disciplinary intervention program.
The JJWC in partnership with, but not limited to, the
DSWD, the DOH, the DepED and the DILG, will develop
and set the standards for the implementation of the multi-
disciplinary intervention program of the IJISC. Upon
institutionalization of the IJISC program, the JJWC will
continue to monitor and provide technical assistance to
the multi-disciplinary teams operating the said centers.
SEC. 50. Care and Maintenance of the Child in Conflict
with the Law. – x x x
The LGUs expected expenditures on the local juvenile
intervention program for children at risk and children in
conflict with the law shall be included in the LGUs annual
budget. Highly-urbanized cities and provincial
governments should include a separate budget for the
construction and maintenance of the ‘Bahay Pag-asa’
including the operation of the IJISC within the ‘Bahay
Pag-asa’.
SEC. 55. Criteria of Community-Based Programs. -
Every LGU shall establish community-based programs
that will focus on the rehabilitation and reintegration of
the child. All programs shall meet the criteria to be
established by the JJWC which shall take into account
the purpose of the program, the need for the consent of
the child and his/her parents or legal guardians, and the
participation of the child-centered agencies whether
public or private.
SEC. 63. Appropriations. – xxxx
xxxx
The LGUs concerned shall make available, from its own
resources or assets, their counterpart share equivalent to
the national government contribution of Five million
pesos (P5,000,000.00) per rehabilitation center.
xxxx
34 The Responsible Parenthood and
Reproductive Health Act of 2012, Republic
Act No. 10354, [December 21, 2012]
Section 5. Hiring of Skilled Health Professionals for
Maternal Health Care and Skilled Birth Attendance. – The
LGUs shall endeavor to hire an adequate number of
nurses, midwives and other skilled health professionals
for maternal health care and skilled birth attendance to
achieve an ideal skilled health professional-to-patient
ratio taking into consideration DOH targets: Provided,
That people in geographically isolated or highly
populated and depressed areas shall be provided the
same level of access to health care: Provided, further, That
the national government shall provide additional and
necessary funding and other necessary assistance for the
effective implementation of this provision.
For the purposes of this Act, midwives and nurses shall
be allowed to administer lifesaving drugs such as, but
not limited to, oxytocin and magnesium sulfate, in
accordance with the guidelines set by the DOH, under
emergency conditions and when there are no physicians
available: Provided, That they are properly trained and
certified to administer these lifesaving drugs.
Section 6. Health Care Facilities. – Each LGU, upon its
determination of the necessity based on well-supported
data provided by its local health office shall endeavor to
establish or upgrade hospitals and facilities with
adequate and qualified personnel, equipment and
supplies to be able to provide emergency obstetric and
newborn care: Provided, That people in geographically
isolated or highly populated and depressed areas shall
have the same level of access and shall not be neglected
by providing other means such as home visits or mobile
health care clinics as needed: Provided, further, That the
national government shall provide additional and
necessary funding and other necessary assistance for the
effective implementation of this provision.
Section 8. Maternal Death Review and Fetal and Infant
Death Review. – All LGUs, national and local government
hospitals, and other public health units shall conduct an
annual Maternal Death Review and Fetal and Infant
Death Review in accordance with the guidelines set by
the DOH. Such review should result in an evidence-based
programming and budgeting process that would
contribute to the development of more responsive
reproductive health services to promote women’s health
and safe motherhood.
Section 10. Procurement and Distribution of Family
Planning Supplies. – The DOH shall procure, distribute to
LGUs and monitor the usage of family planning supplies
for the whole country. The DOH shall coordinate with all
appropriate local government bodies to plan and
implement this procurement and distribution program.
The supply and budget allotments shall be based on,
among others, the current levels and projections of the
following:
(a) Number of women of reproductive age and couples
who want to space or limit their children;
(b) Contraceptive prevalence rate, by type of method
used; and
(c) Cost of family planning supplies.
Provided, That LGUs may implement its own
procurement, distribution and monitoring program
consistent with the overall provisions of this Act and the
guidelines of the DOH.
Section 13. Mobile Health Care Service. – The national or
the local government may provide each provincial, city,
municipal and district hospital with a Mobile Health Care
Service (MHCS) in the form of a van or other means of
transportation appropriate to its terrain, taking into
consideration the health care needs of each LGU. The
MHCS shall deliver health care goods and services to its
constituents, more particularly to the poor and needy, as
well as disseminate knowledge and information on
reproductive health. The MHCS shall be operated by
skilled health providers and adequately equipped with a
wide range of health care materials and information
dissemination devices and equipment, the latter
including, but not limited to, a television set for audio-
visual presentations. All MHCS shall be operated by LGUs
of provinces and highly urbanized cities.
Section 16. Capacity Building of Barangay Health
Workers (BHWs). – The DOH shall be responsible for
disseminating information and providing training
programs to the LGUs. The LGUs, with the technical
assistance of the DOH, shall be responsible for the
training of BHWs and other barangay volunteers on the
promotion of reproductive health. The DOH shall provide
the LGUs with medical supplies and equipment needed
by BHWs to carry out their functions effectively:
Provided, further, That the national government shall
provide additional and necessary funding and other
necessary assistance for the effective implementation of
this provision including the possible provision of
additional honoraria for BHWs.
Section 20. Public Awareness. – The DOH and the LGUs
shall initiate and sustain a heightened nationwide
multimedia-campaign to raise the level of public
awareness on the protection and promotion of
reproductive health and rights including, but not limited
to, maternal health and nutrition, family planning and
responsible parenthood information and services,
adolescent and youth reproductive health, guidance and
counseling and other elements of reproductive health
care under Section 4(q).
Education and information materials to be developed and
disseminated for this purpose shall be reviewed regularly
to ensure their effectiveness and relevance.
Section 25. Appropriations. – xxxx The Gender and
Development (GAD) funds of LGUs and national agencies
may be a source of funding for the implementation of
this Act.
35 Food Safety Act of 2013, Republic Act
No. 10611, [August 23, 2013]
SEC. 4. Definition of Terms. – For purposes of this Act, the
following terms shall be defined as follows:
xxxx
(p) Food safety officer refers to a professionally qualified
and properly trained officer appointed by a food safety
regulatory agency or by local government units (LGUs) in
accordance with the appropriate civil service rules and
regulations.
(q) Food safety regulatory system refers to the
combination of regulations, food safety standards,
inspection, testing, data collection, monitoring and other
activities carried out by food safety regulatory agencies
and by the LGUs in the implementation of their
responsibilities for the control of food safety risks in the
food supply chain.
SEC. 15. Principal Responsibilities of Government
Agencies. – The DA, the DOH, the DILG and the LGUs shall
have the following responsibilities:
xxxx
(c) The LGUs shall be responsible for food safety in food
businesses such as, but not limited to, activities in
slaughterhouses, dressing plants, fish ports, wet markets,
supermarkets, school canteens, restaurants, catering
establishments and water refilling stations. The LGU shall
also be responsible for street food sale, including
ambulant vending;
xxxx
(g) The DA and the DOH, in cooperation with the LGUs,
shall monitor the presence of biological, chemical and
physical contaminants in food to determine the nature
and sources of food safety hazards in the food supply
chain.
SEC. 19. Specific Responsibilities of the DILG and the
LGUs. – The DILG and the LGUs shall bear the following
responsibilities:
(a) The LGUs shall be responsible for the enforcement of
the “Code on Sanitation of the Philippines” (Presidential
Decree No. 856, December 23, 1975), food safety
standards and food safety regulations where food is
produced, processed, prepared and/or sold in their
territorial jurisdiction. This shall include, but shall not be
limited to, the following:
(1) Sanitation particularly in public markets,
slaughterhouses, micro and small food processing
establishments and public eating places;
(2) Codes of Practice for production, post harvest
handling, processing and hygiene;
(3) Safe use of food additives, processing aids and
sanitation chemicals; and
(4) Proper labelling of prepackaged foods.
(b) The DILG shall support the DOH and the DA in the
collection and documentation of food-borne illness data,
monitoring and research.
(c) The DILG and the LGUs shall participate in training
programs, standards development and other food safety
activities to be undertaken by the DA, the DOH and
other concerned national agencies.
SEC. 36. Collection of Fees. – The DA, the DOH and the
LGUs, where applicable, shall be allowed to collect fees for
the inspection of food products, production and
processing facilities, issuance of import or export
certificates, laboratory testing of food samples and other
fees as may be deemed necessary.
Fees shall be based on an officially-approved procedure
for estimating the cost of the activity undertaken and
shall be subject to government accounting and auditing
rules and regulations.