THE LOCAL GOVERNMENT CODE OF THE PHILIPPINES
BOOK I
GENERAL PROVISIONS
TITLE ONE. -
BASIC PRINCIPLES
CHAPTER 1. - 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, non-governmental and
people's organizations, and other concerned sectors of the community before any
project or program is implemented in their respective jurisdictions.
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 for purposes commonly beneficial to them;
(g) The capabilities of local
government units, especially the municipalities and Barangays, shall been
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 and extension of adequate technical and
material assistance to less developed and deserving local government units;
(l) The participation of the
private sector in local governance, particularly in the delivery of basic
services, shall be encouraged to ensure the viability of local autonomy as an
alternative strategy for sustainable development; and
(m) The national government shall
ensure that decentralization tributes 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 2. - 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 income classification prior to such division.
The income classification of local
government units shall be updated within six (6) months from the effectivity of
this Code to reflect the changes in their financial position resulting from the
increased revenues as provided herein.
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 17
hereof to Congress or to the Sanggunian 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 sale or lease or converted to such
other use as the Sanggunian concerned may deem beneficial to the local
government unit concerned and its inhabitants.
(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, thorough-fares, and bridges;
(3) Public vocational or
technical schools and other post-secondary and tertiary schools;
(4) Provincial hospitals, health centers, and other
health facilities; and
(5) Any other public place or building owned by the
provincial government.
(b) The Sanggunian of highly
urbanized cities and of component cities whose charters prohibit their voters
from voting for provincial elective officials, hereinafter referred to in this
Code as independent component cities, may, in consultation with the Philippine
Historical Commission, change the name of the following within its territorial
jurisdiction:
(1) City Barangays, upon the
recommendation of the Sangguniang Barangay concerned;
(2) City roads, avenues,
boulevards, thorough fares, 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:
(6) city and municipal Barangays,
upon recommendation of the Sangguniang Barangay concerned;
(7) city, municipal and Barangay
roads, avenues, boulevards, thorough fares, and bridges;
(8) city and municipal public
elementary, secondary and vocational or technical schools, post-secondary and
other tertiary schools;
(9) city and municipal hospitals,
health centers and other health facilities; and
(10) 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. 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 there from, 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.
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 provision of the basic services and facilities enumerated herein.
(b) Such basic services and facilities include, but
are not limited to, the following:
(1) For a 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 seeding
materials for aqua-culture; 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; inter-Barangay
irrigation system; water and soil resource utilization and conservation
projects; and enforcement of fishery laws in municipal waters including the
conservation of mangroves;
(ii) Pursuant to national policies
and subject to supervision, control and review of the DENR, implementation of
community-based forestry projects which include integrated social forestry
programs and similar projects; management and control of communal forests with
an area not exceeding fifty (50) square kilometers; establishment of tree
parks, greenbelts, and similar forest development projects;
(iii) Subject to the provisions of
Title Five, Book I of this Code, health services which include the
implementation of programs and projects on primary health care, maternal and
child care, and communicable and non-communicable disease control services;
access to secondary and tertiary health services; purchase of medicines,
medical supplies, and equipment needed to carry out the services herein
enumerated;
(iv) Social welfare services which
include programs and projects on child and youth welfare, family and community
welfare, women's welfare, welfare of the elderly and disabled persons;
community-based rehabilitation programs for vagrants, beggars, street children,
scavengers, juvenile delinquents, and victims of drug abuse; livelihood and
other pro-poor projects; nutrition services; and family planning services;
(v) Information services which
include investments and job placement information systems, tax and marketing
information systems, and maintenance of a public library;
(vi) Solid waste disposal system or
environmental management system and services or facilities related to general
hygiene and sanitation;
(vii) Municipal buildings, cultural
centers, public parks including freedom parks, playgrounds, and sports
facilities and equipment, and other similar facilities;
(viii) Infrastructure facilities
intended primarily to service the needs of the residents of the municipality
and which are funded out of municipal funds including, but not limited to,
municipal roads and bridges; school buildings and other facilities for public
elementary and secondary schools; clinics, health centers and other health
facilities necessary to carry out health services; communal irrigation, small
water impounding projects and other similar projects; fish ports; artesian
wells, spring development, rainwater collectors and water supply systems;
seawalls, dikes, drainage and sewerage, and flood control; traffic signals and
road signs; and similar facilities;
(ix) Public markets, slaughterhouses
and other municipal enterprises;
(x) Public cemetery;
(xi) Tourism facilities and other
tourist attractions, including the acquisition of equipment, regulation and
supervision of business concessions, and security services for such facilities;
and
(xii) Sites for police and fire
stations and substations and the municipal jail;
(3) For a Province:
(i) Agricultural extension and
on-site research services and facilities which include the prevention and
control of plant and animal pests and diseases; dairy farms, livestock markets,
animal breeding stations, and artificial insemination centers; and assistance
in the organization of farmers' and fishermen's cooperatives and other
collective organizations, as well as the transfer of appropriate technology;
(ii) Industrial research and
development services, as well as the transfer of appropriate technology;
(iii) Pursuant to national policies
and subject to supervision, control and review of the DENR, enforcement of
forestry laws limited to community-based forestry projects, pollution control
law, small-scale mining law, and other laws on the protection of the
environment; and mini-hydro electric projects for local purposes;
(iv) Subject to the provisions of
Title Five, Book I of this Code, health services which include hospitals and
other tertiary health services;
(v) Social welfare services which
include pro grams and projects on rebel returnees and evacuees; relief
operations; and, population development services;
(vi) Provincial buildings,
provincial jails, freedom parks and other public assembly areas, and other
similar facilities;
(vii) Infrastructure facilities
intended to service the needs of the residents of the province and which are
funded out of provincial funds including, but not limited to, provincial roads
and bridges; inter-municipal waterworks, drainage and sewerage, flood control,
and irrigation systems; reclamation projects; and similar facilities;
(viii) Programs and projects for
low-cost housing and other mass dwellings, except those funded by the Social
Security System (SSS), Government Service Insurance System (GSIS), and the Home
Development Mutual Fund (HDMF): Provided, That national funds for these
programs and projects shall be equitably allocated among the regions in
proportion to the ratio of the homeless to the population;
(ix) Investment support services,
including access to credit financing;
(x) Upgrading and modernization of
tax information and collection services through the use of computer hardware
and software and other means;
(xi) Inter-municipal
telecommunications services, subject to national policy guidelines; and
(xii) Tourism development and
promotion programs;
(4) For a City:
All the services and facilities of the municipality
and province, and in addition thereto, the following:
(i) Adequate communication and
transportation facilities;
(ii) Support for education, police
and fire services and facilities.
(c) Notwithstanding the provisions
of subsection (b) hereof, public works and infrastructure projects and other
facilities funded by the national government under the annual General
Appropriations Act, other special laws, pertinent executive orders, and those
wholly or partially funded from foreign sources, are not covered under this
section, except in those cases where the local government unit concerned is
duly designated as the implementing agency for such projects, facilities,
programs, and services.
(d) The designs, plans,
specifications, testing of materials, and the procurement of equipment and
materials from both foreign and local sources necessary for the provision of
the foregoing services and facilities shall be undertaken by the local
government unit concerned, based on national policies, standards and
guidelines.
(e) National agencies or offices
concerned shall devolve to local government units the responsibility for the
provision of basic services and facilities enumerated in this section within
six (6) months after the effectivity of this Code.
As used in this Code, the term
"devolution" refers to the act by which the national government confers power
and authority upon the various local government units to perform specific
functions and responsibilities.
(f) The national government or the
next higher level of local government unit may provide or augment the basic
services and facilities assigned to a lower level of local government unit when
such services or facilities are not made available or, if made available, are
inadequate to meet the requirements of its inhabitants.
(g) The basic services and
facilities herein above enumerated shall be funded from the share of local
government units in the proceeds of national taxes and other local revenues and
funding support from the national government, its instrumentalities and
government-owned or -controlled corporations which are tasked by law to
establish and maintain such services or facilities. Any fund or resource
available for the use of local government units shall be first allocated for
the provision of basic services or facilities enumerated in subsection (b)
hereof before applying the same for other purposes, unless otherwise provided
in this Code.
(h) The Regional offices of
national agencies or offices whose functions are devolved to local government
units as provided herein shall be phased out within one (1) year from the
approval of this Code. Said national agencies and offices may establish such
field units as may be necessary for monitoring purposes and providing technical
assistance to local government units. The properties, equipment, and other
assets of these regional offices shall be distributed to the local government
units in the region in accordance with the rules and regulations issued by the
oversight committee created under this Code.
(i) The devolution contemplated in
this Code shall include the transfer to local government units of the records,
equipment and other assets and personnel of national agencies and offices,
corresponding to the devolved powers, functions, and responsibilities.
Personnel of said national agencies
or offices shall be absorbed by the local government units to which they belong
or in whose areas they are assigned to the extent that it is administratively
viable as determined by the said oversight committee: Provided, That the rights
accorded to such personnel pursuant to civil service law, rules and regulations
shall not be impaired: Provided, Further, That regional directors who are
career executive service officers and other officers of similar rank in the
said regional offices who cannot be absorbed by the local government unit shall
be retained by the national government, without any diminution of rank, salary
or tenure.
To ensure the active participation
of the private sector in local governance, local government units may, by
ordinance, sell, lease, encumber, or otherwise dispose of public economic
enterprises owned by them in their proprietary capacity.
Costs may also be charged for the
delivery of basic services or facilities enumerated in this section.
SECTION 18. Power
to Generate and Apply Resources. - Local government units shall have the power
and authority to establish an organization that shall be responsible for the
efficient and effective implementation of their development plans, program
objectives and priorities; to create their own sources of revenue and to levy
taxes, fees, and charges which shall accrue exclusively for their use and
disposition and which shall be retained by them; to have a just share in
national taxes which shall be automatically and directly released to them
without need of any further action; to have an equitable share in the proceeds
from the utilization and development of the national wealth and resources
within their respective territorial jurisdictions including sharing the same
with the inhabitants by way of direct benefits; to acquire, develop, lease,
encumber, alienate, or otherwise dispose of real or personal property held by
them in their proprietary capacity and to apply their resources and assets for
productive, developmental, or welfare purposes, in the exercise or furtherance
of their governmental or proprietary powers and functions and thereby ensure
their development into self-reliant communities and active participants in the
attainment of national goals.
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 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 set
temporarily closed for athletic, cultural, or civic activities not officially
sponsored, recognized, or approved by the local government unit concerned.
(d) Any
city, municipality, or Barangay may, by a duly enacted close and regulate the
use of any local ordinance, temporarily 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 herein.
(c) Unless
otherwise provided in this Code, contract may be entered into by the local
chief executive in behalf of the local government unit without prior
authorization by the Sanggunian concerned. A legible copy of such contract
shall be posted at a conspicuous place in the provincial capitol or the city,
municipal or Barangay hall.
(d) Local
government units shall enjoy full autonomy in the exercise of their proprietary
functions and in the management of their economic enterprises, subject to the
limitations provided in this Code and other applicable laws.
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 or from any higher local government unit: Provided, That
projects financed by such grants or assistance with national security
implications shall be approved by the national agency concerned: Provided,
further, That when such national agency fails to act on the request for
approval within thirty (30) days from receipt thereof, the same shall be deemed
approved.
The local chief executive shall, within thirty (30)
days upon signing of such grant agreement or deed of donation, report the
nature, amount, and terms of such assistance to both Houses of Congress and the
President.
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 3. -
INTERGOVERNMENTAL RELATIONS
Article One. - 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 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 Two. - 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 Three. - 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 4. - RELATIONS WITH
PEOPLE'S AND NONGOVERNMENTAL 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, diversify 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 5. - LOCAL
PREQUALIFICATION, BIDS AND AWARDS COMMITTEE
SECTION 37. Local
Pre-qualification, Bids and Awards Committee (Local PBAC).
(a) There is
hereby created a local pre-qualification, bids and awards committee in every
province, city, and municipality, which shall be primarily responsible for the
conduct of pre-qualification 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 (11) 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 pre-qualification, 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
pre-qualification, 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 pre-qualification
bids and awards committee.
(b) The chairman of the local
technical committee shall be designated by the local pre-qualification, bids
and awards committee and shall attend its meeting in order to present the
reports and recommendations of the local technical committee.
TITLE TWO. -
ELECTIVE OFFICIALS
CHAPTER 1. - QALIFICATIONS
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
Sanggunian bayan, the district where he intends to be elected; a resident
therein for at least one (1) year immediately preceding the day of the
election; and able to read and write Filipino or any other local language or
dialect.