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Jeco Construction
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General Provisions
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. aisa dc
(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. cd
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; IHaSED
(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; cd
(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; acd
(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; cda
(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. cd
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. cda
(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. cdtai
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 cd i
(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. cda
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. cdtai
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. cd i
(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. cdasia
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. casia
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; cd
(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:
cdasia
(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: aisa dc
(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. cda
(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. cda
(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. cdt
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. cda
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; casia
(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; cd
(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; cd i
(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; cd i
(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;
(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; cd
(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 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; cda
(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-hydroelectric 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 programs and projects on rebel returnees
and evacuees; relief operations; and population development services; aisa dc
(vi) Provincial buildings, provincial jails, freedom parks and other public assembly
areas and similar facilities;
(vii) Infrastructure facilities intended to service the needs of the residence 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 p. 172 (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; cda
(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 cd i
(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;
(c) Notwithstanding the provisions of subsection (b) hereof, public works and
infrastructure projects and other facilities, programs and services 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. acd
(d) The designs, plans, specifications, testing of materials, and the procurement of
equipment and materials at P170 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. casia
(g) The basic services and facilities hereinabove enumerated shall be funded from
the share of local government units in the proceeds of national taxes and other local
revenues and funding support from the national government, its instrumentalities and
government-owned or controlled corporations which are tasked by law to establish and
maintain such services or facilities. Any fund or resource available for the use of local
government units shall be first allocated for the provision of basic services or facilities
enumerated in subsection (b) hereof before applying the same for other purposes, unless
otherwise provided in this Code.
(h) 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.
acd
(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. cdasia
(j) To ensure the active participation of the private sector in local governance, local
government units may, by ordinance, sell, lease, encumber, or otherwise dispose of public
economic enterprises owned by them in their proprietary capacity.
Costs may also be charged for the delivery of basic services or facilities enumerated in
this Section. cdtai
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 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. cdt
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 acd
(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.
aisa dc
(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. casia
(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. cda
(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 cdt
(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. cdt
(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. cdasia
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. cd
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. aisa dc
(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. aisa dc
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. aisa dc
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. cd
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. cdtai
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. cdt
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; acd
(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. casia
(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. aisa dc
(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. aisa dc
(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. cdasia
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; cdasia
(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. casia
(b) The regular members of the sangguniang panlalawigan, sangguniang
panlungsod, and sangguniang bayan shall be elected by district, as may be provided for
by law. Sangguniang barangay members shall be elected at large. The presidents of the
leagues of sanggunian members of component cities and municipalities shall serve as ex
officio members of the sangguniang panlalawigan concerned. The presidents of the "liga
ng mga barangay and the pederasyon ng mga sangguniang kabataan" elected by their
respective chapters, as provided in this Code, shall serve as ex officio members of the
sangguniang panlalawigan, sangguniang panlungsod, and sangguniang bayan. IHaSED
(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. cdt
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 local elective officials
elected after the effectivity of this Code shall be three (3) years, starting from noon of
June 30, 1992 or such date as may be provided for by law, except that of elective
barangay officials: Provided, That all local officials first elected during the local elections
immediately following the ratification of the 1987 Constitution shall serve until noon of
June 30, 1992. cda
(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 office of barangay officials and members of the sangguniang
kabataan shall be for three (3) years, which shall begin after the regular election of
barangay officials on the second Monday of May 1994.
CHAPTER 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. cdtai
(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. cd i
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: cda
(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.
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