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".

SEC. 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.

SEC. 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;
1

 (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 beenhanced 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
upgradecontinually 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 sustainabledevelopment; and

 (m) The national government shall ensure that decentralizatioontributes to the

continuing improvement of the performance of local government units and the
quality of community life.

SEC. 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.

SEC. 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 prestation 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

SEC. 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.

SEC. 7. Creation and Conversion. - As a general rule, the creation of alocal

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 commensu-
rate 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 NationalStatistics Office (NSO), and the Lands
Management Bureau(LMB) of the Department of Environment and Natural
Resources(DENR).

SEC. 8. Division and Merger. - Division and merger of existinglocal 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.

SEC. 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 thelocal government
unitsought to be abolished will be incorporated or merged.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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, 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 thecity government.

(c) The sanggunians of component cities and municipalities may, in consultation

with the Philippine Historical Commission, change the name of the following
within its territorial jurisdiction:
(1) city and municipal barangays, upon recommendation of the
sangguniang barangay concerned;

(2) city, municipal and barangay roads, avenues, boulevards,

thoroughfares, and bridges;

(3) city and municipal public elementary, secondary and vocational or

technical schools, post-secondary and other tertiary schools;

(4) city and municipal hospitals, health centers and other health facilities;
and (5)Any other public place or building owned by the municipal
government.
(d) None of the foregoing local government units, institutions, places, or
buildings shall be named after a living person, nor may a change of name be made
6

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 anylocal 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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
7

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 aquaculture; palay,
corn, and vegetable seed farms; medicinal plant gardens; fruit tree,
coconut, and other kinds of seedling nurseries; demonstration farms;
quality control of copra and improvement and development of local
distribution channels, preferably through cooperatives; interbarangay
irrigation system; water and soil resource utilization and conservation
projects; and enforcement of fishery laws in municipal waters including the
conservation of mangroves;

(ii) Pursuant to national policies and subject to supervision, control and

 review of the DENR, implementation of community-based forestry projects

which include integrated social forestry programs and similar projects;
management and control of communal forests with an area not exceeding
fifty (50) square kilometers; establishment of tree parks, greenbelts, and
similar forest development projects;

(iii) Subject to the provisions of Title Five, Book I of this Code, health
services which include the implementation of programs and projects on
primary health care, maternal and child care, and communicable and non-
communicable disease control services; access to secondary and tertiary
health services; purchase of medicines, medical supplies, and equipment
needed to carry out the services herein enumerated;

(iv) Social welfare services which include programs and projects on child
and youth welfare, family and community welfare, women's welfare,
welfare of the elderly and disabled persons; community-based
rehabilitation programs for vagrants, beggars, street children, scavengers,
juvenile delinquents, and victims of drug abuse; livelihood and other pro-
poor
projects; nutrition services; and family planning services;

(v) Information services which include investments and job placement

information systems, tax and marketing information systems, and
maintenance of a public library;

(vi) Solid waste disposal system or environmental management system and

services or facilities related to general hygiene and sanitation;

(vii) Municipal buildings, cultural centers, public parks including freedom

parks, playgrounds, and 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;

9

 (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
10

 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.
11

(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) 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.

(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.

SEC. 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
12

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.

SEC. 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.

SEC. 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
13

 (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.

SEC. 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
14

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 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.

SEC. 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.

SEC. 23. Authority to Negotiate and Secure Grants. - Local chief executives may,
upon authority of the sanggunian, negotiate and secure financial
15

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.

SEC. 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

SEC. 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

16

furnish the local chief executive concerned, for his infor mation and guidance,
monthly reports including duly certified budgetary allocations and expenditures.

SEC. 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.

SEC. 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

SEC. 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

SEC. 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.

SEC. 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
17

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.

SEC. 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.

SEC. 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.

SEC. 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, thelocal
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

SEC. 34. Role of People's and Nongovernmental Organizations. - Local

government units shall promote the establishment and operation of people's and
nongovernmental organizations to become active partners in the pursuit of local
autonomy.

SEC. 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 nongovernmental 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,

18

diversify agriculture, spur rural industrialization, promote ecological balance, and

enhance the economic and social well-being of the people.

SEC. 36. Assistance to People's and Nongovernmental 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 nongovernmental organizations for economic, socially-oriented,
environmental, or cultural projects to be implemented within its territorial
jurisdiction.

CHAPTER 5. - LOCAL PREQUALIFICATION, BIDS AND AWARDS

COMMITTEE

SEC. 37. Local Prequalification, Bids and Awards Committee (Local PBAC). - (a)
There is hereby created a local prequalification, bids and awards committee in
every province, city, and municipality, which shall be primarily responsible for
the conduct of prequalification of contractors, bidding, evaluation of bids, and the
recommendation of awards concerning local infrastructure projects. The
governor or the city or municipal Mayor shall act as the chairman with the
following as members:
(1) The chairman of the appropriations committee of the sanggunian
concerned;

(2) A representative of the minority party in the sanggunian concerned, if

any, or if there be none, one (1) chosen by said sanggunian from among its
members;

(3) The local treasurer;

(4) Two (2) representatives of nongovernmental 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.

19

(c) All meetings of the committee shall be held in the provincial capitol or the city
or municipal hall. The o;O7 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.

SEC. 38. Local Technical Committee. - (a) There is hereby created a local
technical committee in every province, city and municipality to provide technical
assistance to the local prequalification, bids and awards committees. It shall be
composed of the provincial, city or municipal engineer, the local planning and
development coordinator, and such other officials designated by the local
prequalification, bids and awards committee.

(b) The chairman of the local technical committee shall be designated by the local
prequalification, bids and awards committee and shall attend its meeting in order
to present the reports and recommendations of the local technical committee.

TITLE TWO. - ELECTIVE OFFICIALS

CHAPTER 1. - QALIFICATIONS AND ELECTION

SEC. 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.

(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-three (23) 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.

20

SEC. 40. Disqualifications. - The following persons are disqualified from running
for any elective local position:

(a) Those sentenced by final judgment for an offense involving moral turpitude
or for an offense punishable by one (1) year or more of imprisonment, within two
(2) years after serving sentence; (b) Those removed from office as a result of an
administrative case;

(c) Those convicted by final judgment for violating the oath of allegiance to the
Republic;

(d) Those with dual citizenship;

(e) Fugitives from justice in criminal or nonpolitical 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.

SEC. 41. Manner of Election. - (a) The governor, vice- governor, city Mayor, city
vice-mayor, municipal Mayor, municipal vice-mayor, and punong barangay shall
be elected at large in their respective units by the qualified voters therein.
However, the sangguniang kabataan chairman for each barangay shall be elected
by the registered voters of the katipunan ng kabataan, as provided in this Code.

(b) The regular members of the sangguniang panlalawigan, sangguniang

panlungsod, and sangguniang bayan shall be elected by district, as 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.

(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.

21

SEC. 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.

SEC. 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.

(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 2. - VACANCIES AND SUCCESSION

SEC. 44. Permanent Vacancies in the Offices of the Governor, Vice-Governor,

Mayor, and Vice-Mayor. - If a permanent vacancy occurs in the office of the
governor or Mayor, the vice-governor or vice-mayor concerned shall become the
governor or Mayor. If a permanent vacancy occurs in the offices of the governor,
vice-governor, Mayor, or vice-mayor, the highest ranking sanggunian member or,
in case of his permanent inability, the second highest ranking sanggunian
member, shall become the governor, vice-governor, Mayor or vice-mayor, as the
case may be. Subsequent vacancies in the said office shall be filled automatically
by the other sanggunian members according to their ranking as defined herein.

(b) If a permanent vacancy occurs in the office of the punong barangay, the
highest ranking sanggunian barangay member or, in case of his permanent
inability, the second highest ranking sanggunian member, shall become the
punong barangay.

(c) A tie between or among the highest ranking sanggunian members shall be
resolved by the drawing of lots.

(d) The successors as defined herein shall serve only the unexpired terms of their
predecessors.
For purposes of this Chapter, a permanent vacancy arises when an elective local
official fills a higher vacant office, refuses to assume office, fails to qualify, dies, is
removed from office, voluntarily resigns, or is otherwise permanently
incapacitated to discharge the functions of his office.

22

For purposes of succession as provided in this 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.

SEC. 45. Permanent Vacancies in the Sanggunian. - (a) Permanent vacancies in

the sanggunian where automatic successions provided above do not apply shall be
filled by appointment in the following manner:

(1) The President, through the Executive Secretary, in the case of the
sangguniang panlalawigan and the sangguniang panlungsod of highly
urbanized cities and independent component cities;

(2) The governor, in the case of the sangguniang panlungsod of component

cities and the sangguniang bayan;

(3) The city or municipal Mayor, in the case of sangguniang barangay, upon
recommendation of the sangguniang barangay concerned.

(b) Except for the sangguniang barangay, only the nominee of the political party
under which the sanggunian member concerned had been elected and whose
elevation to the position next higher in rank created the last vacancy in the
sanggunian shall be appointed in the manner hereinabove provided. The
appointee shall come from the same political party as that of the sanggunian
member who caused the vacancy and shall serve the unexpired term of the vacant
office. In the appointment herein mentioned, a nomination and a certificate of
membership of the appointee from the highest official of the political party
concerned are conditions sine qua non, and any appointment without such
nomination and certification shall be null and void ab initio and shall be a ground
for administrative action against the official responsible therefor.

(c) In case the permanent vacancy is caused by a sanggunian member who does
not belong to any political party, the local chief executive shall, upon
recommendation o;O7 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.

SEC. 46. Temporary Vacancy in the Office of the Local Chief Executive. - (a)
When the governor, city or municipal Mayor, or punong barangay is temporarily
incapacitated to perform his duties for physical or legal reasons such as, but not
limited to, leave of absence, travel abroad, and suspension from office, the vice-
governor, city or municipal vice-mayor, or the highest ranking sangguniang
barangay member shall automatically exercise the powers and perform the duties
23

and functions of the local chief executive concerned, except the power to appoint,
suspend, or dismiss employees which can only be exercised if the period of
temporary incapacity exceeds thirty (30) working days.

(b) Said temporary incapacity shall terminate upon submission to the

appropriate sanggunian of a written declaration by the local chief executive
concerned that he has reported back to office. In cases where the temporary
incapacity is due to legal causes, the local chief executive concerned shall also
submit necessary documents showing that said legal causes no longer exist.

(c) When the incumbent local chief executive is traveling within the country but
outside his territorial jurisdiction for a period not exceeding three (3) consecu tive
days, he may designate in writing the officer-in-charge of the said office. Such
authorization shall specify the powers and functions that the local official
concerned shallexercise in the absence of the local chief executive except the
power to appoint, suspend, or dismiss employees.

(d) In the event, however, that the local chief executive concerned fails or refuses
to issue such authorization, the vice-governor, the city or municipal vice-mayor,
or the highest ranking sangguniang barangay member, as the case may be, shall
have the right to assume the powers, duties, and functions of the said office on the
fourth (4th) day of absence of the said local chief executive, subject to the
limitations provided in subsection (c) hereof.

(e) Except as provided above, the local chief executive shall in no case authorize
any local official to assume the powers, duties, and functions of the office, other
than the vice-governor, the city or municipal vice- Mayor, or the highest ranking
sangguniang barangay member, as the case may be.

SEC. 47. Approval of Leaves of Absence. - (a) Leaves of absence of local elective
officials shall be approved as follows: (1) Leaves of absence of the governor and
the Mayor of a highly urbanized city or an independent component city shall be
approved by the President or his duly authorized representative;

(2) Leaves of absence of a vice-governor or a city or municipal vice-mayor shall

be approved by the local chief executive concerned: Provided, That the leaves of
absence of the members of the sanggunian and its employees shall be approved
by the vice-governor or city or municipal vice- mayor concerned;

(3) Leaves of absence of the component city or municipal Mayor shall be

approved by the governor; and

(4) Leaves of absence of a punong barangay shall be approved by the city or

municipal mayor: Provided, That leaves of absence of sangguniang barangay
members shall be approved by the punong barangay.

24

 (b) Whenever the application for leave of absence hereinabove specified is not
acted upon within five (5) working days after receipt thereof, the application for
leave of absence shall be deemed approved.

CHAPTER 3. - LOCAL LEGISLATION

SEC. 48. Local Legislative Power. - Local legislative power shall be exercised by
the sangguniang panlalawigan for the province; the sangguniang panlungsod for
the city; the sangguniang bayan for the municipality; and the sangguniang
barangay for the barangay.

SEC. 49. Presiding Officer. - (a) The vice-governor shall be the presiding officer of
the sangguniang panlalawigan; the city vice-mayor, of the sangguniang
panlungsod; the municipal vice-mayor, of the sangguniang bayan; and the
punong barangay, of the sangguniang barangay. The presiding officer shall vote
only to break a tie.

(b) In the event of the inability of the regular Presiding officer to preside at a
sanggunian session, the members present and constituting a quorum shall elect
from among themselves a temporary presiding officer. He shall certify within ten
(10) days from the passage of ordinances enacted and resolutions adopted by the
sanggunian in the session over which he temporarily presided.

SEC. 50. Internal Rules of Procedure. - (a) On the first regular session following
the election of its members and within ninety (90) days thereafter, the
sanggunian concerned shall adopt or update its existing rules of procedure.

(b) The rules of procedure shall provide for the following:

(1) The organization of the sanggunian and the election of its officers as well as
the creation of standing committees which shall include, but shall not be limited
to, the committees on appropriations, women and family, human rights, youth
and sports development, environmental protection, and cooperatives; the general
jurisdiction of each committee; and the election of the chairman and members of
each committee;

(2) The order and calendar of business for each session;

(3) The legislative process;

(4) The parliamentary procedures which include the conduct of members during
sessions;

(5) The discipline of members for disorderly behavior and absences without
justifiable cause for four (4) consecutive sessions, for which they may be
censured, reprimanded, or excluded from the session, suspended for not more
25

than sixty (60) days, or expelled: Provided, That the penalty of suspension or
expulsion shall require the concurrence of at least two-thirds (2/3) vote of all the
sanggunian members: Provided, further, That a member convicted by final
judgment to imprisonment of at least one (1) year for any crime involving moral
turpitude shall be automatically expelled from the sanggunian; and

(6) Such other rules as the sanggunian may adopt.

SEC. 51. Full Disclosure of Financial and Business Interests of Sanggunian

Members. - (a) Every sanggunian member shall, upon assumption to office, make
a full disclosure of his business and financial interests. He shall also disclose any
business, financial, or professional relationship or any relation by affinity or
consanguinity within the fourth civil degree, which he may have with any person,
firm, or entity affected by any ordinance or resolution under consideration by the
sanggunian of which he is a member, which relationship may result in conflict of
interest. Such relationship shall include:

(1) Ownership of stock or capital, or investment, in the entity or firm to which the
ordinance or resolution may apply; and

(2) Contracts or agreements with any person or entity which the ordinance or
resolution under consideration may affect. In the absence of a specific
constitutional or statutory provision applicable to this situation, "conflict of
interest" refers in general to one where it may be reasonably deduced that a
member of a sanggunian may not act in the public interest due to some private,
pecuniary, or other personal considerations that may tend to affect his judgment
to the prejudice of the service or the public.

(b) The disclosure required under this Act shall be made in writing and
submitted to the secretary of the sanggunian or the secretary of the committee of
which he is a member. The disclosure shall, in all cases, form part of the record of
the proceedings and shall be made in the following manner:

(1) Disclosure shall be made before the member participates in the deliberations
on the ordinance or resolution under consideration: Provided, That, if the
member did not participate during the deliberations, the disclosure shall be made
before voting on the ordinance or resolution on second and third readings; and

(2) Disclosure shall be made when a member takes a position or makes a

privilege speech on a matter that may affect the business interest, financial
connection, or professional relationship described herein.

SEC. 52. Sessions. - (a) On the first day of the session immediately following the
election of its members, the sanggunian shall, by resolution, fix the day, time, and
place of its regular sessions. The minimum number of regular sessions shall be

26

once a week for the sangguniang panlalawigan, sangguniang panlungsod, and

sangguniang bayan, and twice a month for the sangguniang barangay.

(b) When public interest so demands, special sessions may be called by the local
chief executive or by a majority of the members of the sanggunian.

(c) All sanggunian sessions shall be open to the public unless a closed-door
session is ordered by an affirmative vote of a majority of the members present,
there being a quorum, in the public interest or for reasons of security, decency, or
morality. No two (2) sessions, regular or special, may be held in a single day.

(d) In the case of special sessions of the sanggunian, a written notice to the
members shall be served personally at the member's usual place of residence at
least twenty- four (24) hours before the special session is held. Unless otherwise
concurred in by two-thirds (2/3) vote of the sanggunian members present, there
being a quorum, no other matters may be considered at a special session except
those stated in the notice.

(e) Each sanggunian shall keep a journal and record of its proceedings which may
be published upon resolution of the sanggunian concerned.

SEC. 53. Quorum. - (a) A majority of all the members of the sanggunian who have
been elected and qualified shall constitute a quorum to transact official business.
Should a question of quorum be raised during a session, the presiding officer
shall immediately proceed to call the roll of the members and thereafter
announce the results.

(b) Where there is no quorum, the presiding officer may declare a recess until
such time as a quorum is constituted, or a majority of the members present may
adjourn from day to day and may compel the immediate attendance of any
member absent without justifiable cause by designating a member of the
sanggunian, to be assisted by a member or members of the police force assigned
in the territorial jurisdiction of the local government unit concerned, to arrest the
absent member and present him at the session.

(c) If there is still no quorum despite the enforcement of the immediately

preceding subsection, no business shall be transacted. The presiding officer, upon
proper motion duly approved by the members present, shall then declare the
session adjourned for lack of quorum.

SEC. 54. Approval of Ordinances. - (a) Every ordinance enacted by the

sangguniang panlalawigan, sangguniang panlungsod, or sangguniang bayan shall
be presented to the provincial governor or city or municipal mayor, as the case
may be. If the local chief executive concerned approves the same, he shall affix his
signature on each and every page thereof; otherwise, he shall veto it and return
the same with his objections to the sanggunian, which may proceed to reconsider
27

the same. The sanggunian concerned may override the veto of the local chief
executive by two-thirds (2/3) vote of all its members, thereby making the
ordinance or resolution effective for all legal intents and purposes.

(b) The veto shall be communicated by the local chief executive concerned to the
sanggunian within fifteen (15) days in the case of a province, and ten (10) days in
the case of a city or a municipality; otherwise, the ordinance shall be deemed
approved as if he had signed it.

(c) ordinances enacted by the sangguniang barangay shall, upon approval by the
majority of all its members, be signed by the punong barangay.

SEC. 55. Veto Power of the Local Chief Executive. - (a) The local chief executive
may veto any ordinance of the sangguniang panlalawigan, sangguniang
panlungsod, or sangguniang bayan on the ground that it is ultra vires or
prejudicial to the public welfare, stating his reasons therefor in writing.

(b) The local chief executive, except the punong barangay, shall have the power
to veto any particular item or items of an appropriations ordinance, an ordinance
or resolution adopting a local development plan and public investment program,
or an ordinance directing the payment of money or creating liability. In such a
case, the veto shall not affect the item or items which are not objected to. The
vetoed item or items shall not take effect unless the sanggunian overrides the veto
in the manner herein provided; otherwise, the item or items in the appropriations
ordinance of the previous year corresponding to those vetoed, if any, shall be
deemed reenacted.

(c) The local chief executive may veto an ordinance or resolution only once. The
sanggunian may override the veto of the local chief executive concerned by two-
thirds (2/3) vote of all its members, thereby making the ordinance effective even
without the approval of the local chief executive concerned.

SEC. 56. Review of Component City and Municipal Ordinances or Resolutions

by the Sangguniang Panlalawigan. - (a) Within three (3) days after approval, the
secretary to the sanggunian panlungsod or sangguniang bayan shall forward to
the sangguniang panlalawigan for review, copies of approved ordinances and the
resolutions approving the local development plans and public investment
programs formulated by the local development councils.

(b) Within thirty (30) days after receipt of copies of such ordinances and
resolutions, the sangguniang panlalawigan shall examine the documents or
transmit them to the provincial attorney, or if there be none, to the provincial
prosecutor for prompt examination. The provincial attorney or provincial
prosecutor shall, within a period of ten (10) days from receipt of the documents,
inform the sangguniang panlalawigan in writing of his comments or

28

recommendations, which may be considered by the sangguniang panlalawigan in

making its decision.

(c) If the sangguniang panlalawigan finds that such an ordinance or resolution is

beyond the power conferred upon the sangguniang panlungsod or sangguniang
bayan concerned, it shall declare such ordinance or resolution invalid in whole or
in part. The sangguniang panlalawigan shall enter its action in the minutes and
shall advise the corresponding city or municipal authorities of the action it has
taken.

(d) If no action has been taken by the sangguniang panlalawigan within thirty
(30) days after submission of such an ordinance or resolution, the same shall be
presumed consistent with law and therefore valid.

SEC. 57. Review of Barangay Ordinances by the sangguniang panlungsod or

sangguniang bayan. - (a) Within ten (10) days after its enactment, the
sangguniang barangay shall furnish copies of all barangay ordinances to the
sangguniang panlungsod or sangguniang bayan concerned for review as to
whether the ordinance is consistent with law and city or municipal ordinances.

(b) If the sangguniang panlungsod or sangguniang bayan, as the case may be,
fails to take action on barangay ordinances within thirty (30) days from receipt
thereof, the same shall be deemed approved.

(c) If the sangguniang panlungsod or sangguniang bayan, as the case may be,
finds the barangay ordinances inconsistent with law or city or municipal
ordinances, the sanggunian concerned shall, within thirty (30) days from receipt
thereof, return the same with its comments and recommendations to the
sangguniang barangay concerned for adjustment, amendment, or modification;
in which case, the effectivity of the barangay ordinance is suspended until such
time as the revision called for is effected.

SEC. 58. Enforcement of Disapproved ordinances or Resolutions. - Any attempt

to enforce any ordinance or any resolution approving the local development plan
and public investment program, after the disapproval thereof, shall be sufficient
ground for the suspension or dismissal of the official or employee concerned.

SEC. 59. Effectivity of Ordinances or Resolutions. (a) Unless otherwise stated in

the ordinance or the resolution approving the local development plan and public
investment program, the same shall take effect after ten (10) days from the date a
copy thereof is posted in a bulletin board at the entrance of the provincial capitol
or city, municipal, or barangay hall, as the case may be, and in at least two (2)
other conspicuous places in the local government unit concerned.

(b) The secretary to the sanggunian concerned shall cause the posting of an
ordinance or resolution in the bulletin board at the entrance of the provincial
29

capitol and the city, municipal, or barangay hall in at least two (2) conspicuous
places in the local government unit concerned not later than five (5) days after
approval thereof.

The text of the ordinance or resolution shall be disseminated and posted in

Filipino or English and in the language or dialect understood by the majority of
the people in the local government unit concerned, and the secretary to the
sanggunian shall record such fact in a book kept for the purpose, stating the dates
of approval and posting.

(c) The gist of all ordinances with penal sanctions shall be published in a
newspaper of general circulation within the province where the local legislative
body concerned belongs. In the absence of any newspaper of general circulation
within the province, posting of such ordinances shall be made in all
municipalities and cities of the province where the sanggunian of origin is
situated.

(d) In the case of highly urbanized cities, the main features of the ordinance or
resolution duly enacted or adopted shall, in addition to being posted, be
published once in a local newspaper of general circulation within the city:
Provided, That in the absence thereof the ordinance or resolution shall be
published in any newspaper of general circulation.

CHAPTER 4. - DISCIPLINARY ACTIONS

SEC. 60. Grounds for Disciplinary Actions. - An elective local official may be
disciplined, suspended, or removed from office on any of the following grounds:

(a) Disloyalty to the Republic of the Philippines;

(b) Culpable violation of the Constitution;

(c) Dishonesty, oppression, misconduct in office, gross negligence, or dereliction

of duty;

(d) Commission of any offense involving moral turpitude or an offense

punishable by at least prision mayor;

(e) Abuse of authority;

(f) Unauthorized absence for fifteen (15) consecutive working days, except in the
case of members of the sangguniang panlalawigan, sangguniang panlungsod,
sangguniang bayan, and sangguniang barangay;

(g) Application for, or acquisition of, foreign citizenship or residence or the status
of an immigrant of another country; and
30

(h) Such other grounds as may be provided in this Code and other laws. An
elective local official may be removed from office on the grounds enumerated
above by order of the proper court.

SEC. 61. Form and Filing of Administrative Complaints. - A verified complaint

against any erring local elective official shall be prepared as follows:

(a) A complaint against any elective official of a province, a highly urbanized city,
an independent component city or component city shall be filed before the Office
of the President;

(b) A complaint against any elective official of a municipality shall be filed before
the sangguniang panlalaw igan whose decision may be appealed to the Office of
the President; and

(c) A complaint against any elective barangay official shall be filed before the
sangguniang panlungsod or sangguniang bayan concerned whose decision shall
be final and executory.

SEC. 62. Notice of Hearing. - (a) Within seven (7) days after the administrative
complaint is filed, the Office of the President or the sanggunian concerned, as the
case may be, shall require the respondent to submit his verified answer within
fifteen (15) days from receipt thereof, and commence the investigation of the case
within ten (10) days after receipt of such answer of the respondent.

(b) When the respondent is an elective official of a province or highly urbanized

city, such hearing and investigation shall be conducted in the place where he
renders or holds office. For all other local elective officials, the venue shall be the
place where the sanggunian concerned is located.

(c) However, no investigation shall be held within ninety (90) days immediately
prior to any local election, and no preventive suspension shall be imposed within
the said period. If preventive suspension has been imposed prior to the 90-day
period immediately preceding local election, it shall be deemed automatically
lifted upon the start of aforesaid period.

SEC. 63. Preventive Suspension. - (a) Preventive suspension may be imposed:

(1) By the President, if the respondent is an elective official of a province, a highly

urbanized or an independent component city;

(2) By the governor, if the respondent is an elective official of a component city or

municipality; or

(3) By the mayor, if the respondent is an elective official of the barangay.

31

 (b) Preventive suspension may be imposed at any time after the issues are joined,
when the evidence of guilt is strong, and given the gravity of the offense, there is
great probability that the continuance in office of the respondent could influence
the witnesses or pose a threat to the safety and integrity of the records and other
evidence: Provided, That, any single preventive suspension of local elective fficials
shall not extend beyond sixty (60) days: Provided, further, That in the event that
several administrative cases are filed against an elective official, he cannot be
preventively suspended for more than ninety (90) days within a single year on the
same ground or grounds existing and known at the time of the first suspension.

(c) Upon expiration of the preventive suspension, the suspended elective official
shall be deemed reinstated in office without prejudice to the continuation of the
proceedings against him, which shall be terminated within one hundred twenty
(120) days from the time he was formally notified of the case against him.
However, if the delay in the proceedings of the case is due to his fault, neglect, or
request, other than the appeal duly filed, the duration of such delay shall not be
counted in computing the time of termination of the case.

(d) Any abuse of the exercise of the power of preventive suspension shall be
penalized as abuse of authority.

SEC. 64. Salary of Respondent Pending Suspension. - The respondent official

preventively suspended from office shall receive no salary or compensation
during such suspension; but, upon subsequent exoneration and reinstatement, he
shall be paid full salary or compensation including such emoluments accruing
during such suspension.

SEC. 65. Rights of Respondent - The respondent shall be accorded full

opportunity to appear and defend himself in person or by counsel, to confront
and cross-examine the witnesses against him, and to require the attendance of
witnesses and the production of documentary evidence in his favor through the
compulsory process of subpoena or subpoena duces tecum.

SEC. 66. Form and Notice of Decision. - (a) The investigation of the case shall be
terminated within ninety (90) days from the start thereof. Within thirty (30) days
after the end of the investigation, the Office of the President or the sanggunian
concerned shall render a decision in writing stating clearly and distinctly the facts
and the reasons for such decision. Copies of said decision shall immediately be
furnished the respondent and all interested parties.

(b) The penalty of suspension shall not exceed the unexpired term of the
respondent or a period of six (6) months for every administrative offense, nor
shall said penalty be a bar to the candidacy of the respondent so suspended as
long as he meets the qualifications required for the office.

32

 (c) The penalty of removal from office as a result of an administrative

investigation shall be considered a bar to the candidacy of the respondent for any
elective position.

SEC. 67. Administrative Appeals. - Decisions in administrative cases may, within

thirty (30) days from receipt thereof, be appealed to the following:

(a) The sangguniang panlalawigan, in the case of decisions of the sangguniang

panlungsod of component cities and the sangguniang bayan; and

(b) The Office of the President, in the case of decisions of the sangguniang
panlalawigan and the sangguniang panlungsod of highly urbanized cities and
independent component cities. Decisions of the Office of the President shall be
final and executory.

SEC. 68. Execution Pending appeal. - An appeal shall not prevent a decision from
becoming final or executory. The respondent shall be considered as having been
placed under preventive suspension during the pendency of an appeal in the
event he wins such appeal. In the event the appeal results in an exoneration, he
shall be paid his salary and such other emoluments during the pendency of the
appeal.

CHAPTER 5. - RECALL

SEC. 69. By Whom Exercised. - The power of recall for loss of confidence shall be
exercised by the registered voters of a local government unit to which the local
elective official subject to such recall belongs.

SEC. 70. Initiation of the Recall Process. - (a) Recall may be initiated by a
preparatory recall assembly or by the registered voters of the local government
unit to which the local elective official subject to such recall belongs.

(b) There shall be a preparatory recall assembly in every province, city, district,
and municipality which shall be composed of the following:

(1) Provincial level. - All mayors, vice-mayors, and sanggunian members of the
municipalities and component cities;

(2) City level. - All punong barangay and sangguniang barangay members in the
city;

(3) Legislative District level. - In cases where sangguniang panlalawigan

members are elected by district, all elective municipal officials in the district; and
in cases where sangguniang panlungsod members are elected by district, all
elective barangay officials in the district; and

33

 (4) Municipal level. - All punong barangay and sangguniang barangay members
in the municipality.

(c) A majority of all the preparatory recall assembly members may convene in
session in a public place and initiate a recall proceeding against any elective
official in the local government unit concerned. Recall of provincial, city, or
municipal officials shall be validly initiated through a resolution adopted by a
majority of all the members of the preparatory recall assembly concerned during
its session called for the purpose.

(d) Recall of any elective provincial, city, municipal, or barangay official may also
be validly initiated upon petition of at least twenty-five percent (25%) of the total
number of registered voters in the local government unit concerned during the
election in which the local official sought to be recalled was elected.

(1) A written petition for recall duly signed before the election registrar or his
representative, and in the presence of a representative of the petitioner and a
representative of the official sought to be recalled, and in a public place in the
province, city, municipality, or barangay, as the case may be, shall be filed with
the Comelec through its office in the local government unit concerned. The
Comelec or its duly authorized representative shall cause the publication of the
petition in a public and conspicuous place for a period of not less than ten (10)
days nor more than twenty (20) days, for the purpose of verifying the authenticity
and genuineness of the petition and the required percentage of voters.

(2) Upon the lapse of the aforesaid period, the Comelec or its duly authorized
representative shall announce the acceptance of candidates to the position and
thereafter prepare the list of candidates which shall include the name of the
official sought to be recalled.

SEC. 71. Election on Recall. - Upon the filing of a valid resolution or petition for
recall with the appropriate local office of the Comelec, the Commission or its duly
authorized representative shall set the date of the election on recall, which shall
not be later than thirty (30) days after the filing of the resolution or petition for
recall in the case of the barangay, city, or municipal officials, and forty-five (45)
days in the case of provincial officials. The official or officials sought to be recalled
shall automatically be considered as duly registered candidate or candidates to
the pertinent positions and, like other candidates, shall be entitled to be voted
upon.

SEC. 72. Effectivity of Recall. - The recall of an elective local official shall be
effective only upon the election and proclamation of a successor in the person of
the candidate receiving the highest number of votes cast during the election on
recall. Should the official sought to be recalled receive the highest number of
votes, confidence in him is thereby affirmed, and he shall continue in office.

34

SEC. 73. Prohibition from Resignation. - The elective local official sought to be
recalled shall not be allowed to resign while the recall process is in progress.

SEC. 74. Limitations on Recall. - (a) Any elective local official may be the subject
of a recall election only once during his term of office for loss of confidence.

(b) No recall shall take place within one (1) year from the date of the official's
assumption to office or one (1) year immediately preceding a regular local
election.

SEC. 75. Expenses Incident to Recall Elections. - All expenses incident to recall
elections shall be borne by the Comelec. For this purpose, there shall be included
in the annual General Appropriations Act a contingency fund at the disposal of
the Comelec for the conduct of recall elections.

TITLE THREE. - HUMAN RESOURCES AND DEVELOPMENT

SEC. 76. Organizational Structure and Staffing Pattern. - Every local

government unit shall design and implement its own organizational structure and
staffing pattern taking into consideration its service requirements and financial
capability, subject to the minimum standards and guidelines prescribed by the
Civil Service Commission.

SEC. 77. Responsibility for Human Resources and Development. - The chief
executive of every local government unit shall be responsible for human resources
and development in his unit and shall take all personnel actions in accordance
with the Constitutional provisions on civil service, pertinent laws, and rules and
regulations thereon, including such policies, guidelines and standards as the Civil
Service Commission may establish: Provided, That the local chief executive may
employ emergency or casual employees or laborers paid on a daily wage or
piecework basis and hired through job orders for local projects authorized by the
sanggunian concerned, without need of approval or attestation by the Civil
Service Commission: Provided, further, That the period of employment of
emergency or casual laborers as provided in this Section shall not exceed six (6)
months.

The Joint Commission on Local Government Personnel Administration

organized pursuant to Presidential Decree Numbered Eleven Hundred thirty-six
(P.D. No. 1136) is hereby abolished and its personnel , records, equipment and
other assets transferred to the appropriate office in the Civil Service Commission.

35

SEC. 78. Civil Service Law, Rules and Regulations, and Other Related Issuances.
- All matters pertinent to human resources and development in local government
units shall be governed by the civil service law and such rules and regulations and
other issuances promulgated pursuant thereto, unless otherwise specified in this
Code.

SEC. 79. Limitation on Appointments. - No person shall be appointed in the

career service of the local government if he is related within the fourth civil
degree of consanguinity or affinity to the appointing or recommending authority.

SEC. 80. Public Notice of Vacancy; Personnel Selection Board. - (a) Whenever a
local chief executive decides to fill a vacant career position, there shall be posted
notices of the vacancy in at least three (3) conspicuous public places in the local
government unit concerned for a period of not less than fifteen (15) days.

(b) There shall be established in every province, city or municipality a personnel

selection board to assist the local chief executive in the judicious and objective
selection of personnel for employment as well as for promotion, and in the
formulation of such policies as would contribute to employee welfare.

(c) The personnel selection board shall be headed by the local chief executive,
and its members shall be determined by resolution of the sanggunian concerned.
A representative of the Civil Service Commission, if any, and the personnel officer
of the local government unit concerned shall be ex officio members of the board.

SEC. 81. Compensation of Local Officials and Employees. - The compensation of

local officials and personnel shall be determined by the sanggunian concerned:
Provided, That the increase in compensation of elective local officials shall take
effect only after the terms of office of those approving such increase shall have
expired: Provided, further, That the increase in compensation of the appointive
officials and employees shall take effect as provided in the ordinance authorizing
such increase: Provided, however, That said increases shall not exceed the
limitations on budgetary allocations for personal services provided under Title
Five, Book II of this Code: Provided, finally, That such compensation may be
based upon the pertinent provisions of Republic Act Numbered Sixty-seven fifty-
eight (R.A. No. 6758), otherwise known as the "Compensation and Position
Classification Act of 1989".

The punong barangay, the sangguniang barangay members, the sangguniang

kabataan chairman, the barangay treasurer, and the barangay secretary shall be
entitled to such compensation, allowances, emoluments, and such other
privileges as provided under Title One, Book III of this Code.

Elective local officials shall be entitled to the same leave privileges as those
enjoyed by appointive local officials, including the cumulation and commutation
thereof.
36

SEC. 82. Resignation of Elective Local Officials. - (a) Resignations by elective

local officials shall be deemed effective only upon acceptance by the following
authorities:

(1) The President, in the case of governors, vice- governors, and mayors and vice-
mayors of highly urbanized cities and independent component cities;

(2) The governor, in the case of municipal mayors, municipal vice-mayors, city
mayors and city vice-mayors of component cities;

(3) The sanggunian concerned, in the case of sanggunian members; and

(4) The city or municipal mayor, in the case of barangay officials.

(b) Copies of the resignation letters of elective local officials, together with the
action taken by the aforesaid authorities, shall be furnished the Department of
Interior and Local Government.

(c) The resignation shall be deemed accepted if not acted upon by the authority
concerned within fifteen (15) working days from receipt thereof.

(d) Irrevocable resignations by sangguniang members shall be deemed

accepted upon presentation before an open session of the sanggunian concerned
and duly entered in its records: Provided, however, That this subsection does not
apply to sanggunian members who are subject to recall elections or to cases
where existing laws prescribe the manner of acting upon such resignations.

SEC. 83. Grievance Procedure. - In every local government unit, the local chief
executive sahll establish a procedure to inquire into, act upon, resolve or settle
complaints and grievances presented by local government employees.

SEC. 84. Administrative Discipline. - Investigation and adjudication of

administrative complaints against appointive local officials and employees as well
as their suspension and removal shall be in accordance with the civil service law
and rules and other pertinent laws. The results of such administrative
investigations shall be reported to the Civil Service Commission.

SEC. 85. Preventive Suspension of Appointive Local Officials and Employees. -

(a) The local chief executives may preventively suspend for a period not exceeding
sixty (60) days any subordinate official or employee under his authority pending
investigation if the charge against such official or employee involves dishonesty,
oppression or grave misconduct or neglect in the performance of duty, or if there
is reason to believe that the respondent is guilty of the charges which would
warrant his removal from the service.

(b) Upon expiration of the preventive suspension, the suspended official or

37

employee shall be automatically reinstated in office without prejudice to the

continuation of the administrative proceedings against him until its termination.
If the delay in the proceedings of the case is due to the fault, neglect or request of
the respondent, the time of the delay shall not be counted in computing the
period of suspension herein provided.

SEC. 86. Administrative Investigation. - In any local government unit,

administrative investigation may be conducted by a person or a committee duly
authorized by the local chief executive. Said person or committee shall conduct
hearings on the cases brought against appointive local officials and employees
and submit their findings and recommendations to the local chief executive
concerned within fifteen (15) days from the conclusion of the hearings. The
administrative cases herein mentioned shall be decided within ninety (90) days
from the time the respondent is formally notified of the charges.

SEC. 87. Disciplinary Jurisdiction. - Except as otherwise provided by law, the

local chief executive may impose the penalty of removal from service, demotion in
rank, suspension for not more than one (1) year without pay, fine in an amount
not exceeding six (6) months' salary, or reprimand and otherwise discipline
subordinate officials and employees under his jurisdiction. If the penalty imposed
is suspension without pay for not more than thirty (30) days, his decision shall be
final. If the penalty imposed is heavier than suspension of thirty (30) days, the
decision shall be appealable to the Civil Service Commission, which shall decide
the appeal within thirty (30) days from receipt thereof.

SEC. 88. Execution Pending Appeal. - An appeal shall not prevent the execution
of a decision of removal or suspension of a respondent-appellant. In case the
respondent-appellant is exonerated, he shall be reinstated to his position with all
the rights and privileges appurtenant thereto from the time he had been deprived
thereof.

SEC. 89. Prohibited Business and Pecuniary Interest. - (a) It shall be unlawful for
any local government official or employee, directly or indirectly, to:

(1) Engage in any business transaction with the local government unit in
which he is an official or employee or over which he has the power of
supervision, or with any of its authorized boards, officials, agents, or
attorneys, whereby money is to be paid, or property or any other thing of
value is to be transferred, directly or indirectly, out of the resources of the
local government unit to such person or firm;

(2) Hold such interests in any cockpit or other games licensed by a local
government unit.

(3) Purchase any real estate or other property forfeited in favor of such
local government unit for unpaid taxes or assessment, or by virtue of a legal
38

 process at the instance of the said local government unit.

(4) Be a surety for any person contracting or doing business with the local
government unit for which a surety is required; and

(5) Possess or use any public property of the local government unit for
private purposes.

(b) All other prohibitions governing the conduct of national public officers
relating to prohibited business and pecuniary interest so provided for under
Republic Act Numbered Sixty-seven thirteen (R. A. No. 6713) otherwise
known as the "Code of Conduct and Ethical Standards for Public Officials
and Employees" and other laws shall also be applicable to local government
officials and employees.

SEC. 90. Practice of Profession. - (a) All governors, city and municipal mayors
are prohibited from practicing their profession or engaging in any occupation
other than the exercise of their functions as local chief executives.

(b) Sanggunian members may practice their professions, engage in any

occupation, or teach in schools except during session hours: Provided, That
sanggunian members who are also members of the Bar shall not:

(1) Appear as counsel before any court in any civil case wherein a local
government unit or any office, agency, or instrumentality of the government is
the adverse party;

(2) Appear as counsel in any criminal case wherein an officer or employee of

the national or local government is accused of an offense committed in relation to
his office.

(3) Collect any fee for their appearance in administrative proceedings involving
the local government unit of which he is an official; and

(4) Use property and personnel of the government except when the
sanggunian member concerned is defending the interest of the government.

(5) Doctors of medicine may practice their profession even during official
hours of work only on occasions of emergency: Provided, That the officials
concerned do not derive monetary compensation therefrom.

SEC. 91. Statement of Assets and Liabilities.- (a) Officials and employees of local
government units shall file sworn statements of assets, liabilities and networth,
lists of relatives within the fourth civil degree of consanguinity or affinity in
government service, financial and business interests, and personnel data sheets
as required by law.
39

SEC. 92. Oath of Office. - (a) All elective and appointive local officials and
employees shall, upon assumption to office, subscribe to an oath or affirmation of
office in the prescribed form. The oath or affirmation of office shall be filed with
the office of the local chief executive concerned. A copy of the oath or affirmation
of office of all elective and appointive local officials and employees shall be
preserved in the individual personal records file under the custody of the
personnel office, division, or section of the local government unit concerned.

SEC. 93. Partisan Political Activity. - No local official or employee in the career
civil service shall engage directly or indirectly in any partisan political activity or
take part in any election, initiative, referendum, plebiscite, or recall, except to
vote, nor shall he use his official authority or influence to cause the performance
of any political activity by any person or body. He may, however, express his
views on current issues, or mention the names of certain candidates for public
office whom he supports. Elective local officials may take part in partisan
political and electoral activities, but it shall be unlawful for them to solicit
contributions from their subordinates or subject these subordinates to any of the
prohibited acts under the Omnibus Election Code.

SEC. 94. Appointment of Elective and Appointive Local Officials; Candidates

who Lost in Election. - (a) No elective or appointive local official shall be eligible
for appointment or designation in any capacity to any public office or position
during his tenure.

Unless otherwise allowed by law or by the primary functions of his position, no

elective or appointive local official shall hold any other office or employment in
the government or any subdivision, agency or instrumentality thereof, including
government-owned or -controlled corporations or their subsidiaries.

(b) Except for losing candidates in barangay elections, no candidate who lost in
any election shall, within one (1) year after such election, be appointed to any
office in the government or any government-owned or -controlled corporations or
in any of their subsidiaries.

SEC. 95. Additional or double compensation. - No elective or appointive local

official or employee shall receive additional, double, or indirect compensation,
unless specifically authorized by law, nor accept without the consent of Congress,
any present, emoluments, office, or title of any kind from any foreign
government. Pensions or gratuities shall not be considered as additional, double,
or indirect compensation.

SEC. 96. Permission to Leave Station. - (a) Provincial, city, municipal, and
barangay appointive officials going on official travel shall apply and secure
written permission from their respective local chief executives before departure.
The application shall specify the reasons for such travel, and the permission shall
40

be given or withheld based on considerations of public interest, financial

capability of the local government unit concerned and urgency of the travel.

Should the local chief executive concerned fail to act upon such application
within four (4) working days from receipt thereof, it shall be deemed approved.

(b) Mayors of component cities and municipalities shall secure the permission
of the governor concerned for any travel outside the province.

(c) Local government officials traveling abroad shall notify their respective
sanggunian: Provided, That when the period of travel extends to more than three
(3) monhs, during periods of emergency or crisis or when the travel involves the
use of public funds, permission from the Office of the President shall be secured.

(d) Field officers of national agencies or offices assigned in provinces, cities,

and municipalities shall not leave their official stations without giving prior
written notice to the local chief executive concerned. Such notice shall state the
duration of travel and the name of the officer whom he shall designate to act for
and in his behalf during his absence.

SEC. 97. Annual Report. - On or before March 31 of each year, every local chief
executive shall submit an annual report to the sanggunian concerned on the
socioeconomic, political and peace and order conditions, and other matters
concerning the local government unit, which shall cover the immediately
preceding calendar year. A copy of the report shall be forwarded to the
Department of Interior and Local Government. Component cities and
municipalities shall likewise provide the sangguniang panlalawigan copies of
their respective annual reports.

TITLE FOUR. - LOCAL SCHOOL BOARDS

SEC. 98. Creation, Composition and Compensation. - (a) There shall be

established in every province, city, or municipality a provincial, city or municipal
school board, respectively.

(b) The composition of local school boards shall be as follows:

(1) The provincial school board shall be composed of the governor and the
division superintendent of schools as co-chairmen; the chairman of the education
committee of the sangguniang panlalawigan, the provincial treasurer, the
representative of the pederasyon ng mga sangguniang kabataan in the
sangguniang panlalawigan, the duly elected president of the provincial federation
of parents-teachers association, the duly elected representative of the teachers'
organization in the province, and the duly elected representative of the non-
academic personnel of public schools in the province, as members;

41

 (2) The city school board shall be composed of the city mayor and the city
superintendent of schools as co-chairmen; the chairman of the education
committee of the sangguniang panlungsod, the city treasurer, the representative
of the pederasyon ng mga sangguniang kabataan in the sangguniang panlungsod,
the duly elected president of the city federation of parents-teachers associations,
the duly elected representative of the teachers' organizations in the city, and the
duly elected representative of the non-academic personnel of public schools in the
city, as members; and

(3) The municipal school board shall be composed of the municipal mayor and
the district supervisor of schools as co-chairmen; the chairman of the education
committee of the sangguniang bayan, the municipal treasurer, the representative
of the pederasyon ng mga sangguniang kabataan in the sangguniang bayan, the
duly elected president of the municipal federation of parents-teachers
associations, the duly elected representative of the teachers' organizations in the
municipality, and the duly elected representative of the non-academic personnel
of public schools in the city, as members;

(c) In the event that a province or city has two (2) or more school
superintendents, and in the event that a municipality has two (2) or more district
supervisors, the co-chairman of the local school board shall be determined as
follows:

(1) The Department of Education, Culture and Sports shall designate the co-
chairman for the provincial and city school boards; and

(2) The division superintendent of schools shall designate the district

supervisor who shall serve as co-chairman of the municipal school board.

(d) The performance of the duties and responsibilities of the abovementioned

officials in their respective local school boards shall not be delegated.

SEC. 99. Functions of Local School Boards. - The provincial, city or municipal
school board shall:

(a) Determine, in accordance with the criteria set by the Department of

Education, Culture and Sports, the annual supplementary budgetary needs for
the operation and maintenance of public schools within the province, city or
municipality, as the case may be, and the supplementary local cost of meeting
such needs, which shall be reflected in the form of an annual school board budget
corresponding to its share in the proceeds of the special levy on real property
constituting the Special Education fund and such other sources of revenue as this
Code and other laws or ordinances may provide;

(b) Authorize the provincial, city or municipal treasurer, as the case may be, to
disburse funds from the Special Education fund pursuant to the budget prepared
42

and in accordance with existing rules and regulations;

(c) Serve as an advisory committee to the sanggunian concerned on

educational matters such as, but not limited to, the necessity for and the uses of
local appropriations for educational purposes; and

(d) Recommend changes in the names of public schools within the territorial
jurisdiction of the local government unit for enactment by the sanggunian
concerned.

The Department of Education, Culture and Sports shall consult the local school
board on the appointment of division superintendents, district supervisors,
school principals, and other school officials.

SEC. 100. Meetings and Quorum; Budget. - (a) The local school board shall meet
at least once a month or as often as may be necessary.

(b) Any of the co-chairmen may call a meeting. A majority of all its members
shall constitute a quorum. However, when both co-chairmen are present in a
meeting, the local chief executive concerned, as a matter of protocol, shall be
given preference to preside over the meeting. The division superintendent, city
superintendent or district supervisor, as the case may be, shall prepare the budget
of the school board concerned. Such budget shall be supported by programs,
projects, and activities of the school board for the ensuing fiscal year. The
affirmative vote of the majority of all its members shall be necessary to approve
the budget.

(c) The annual school board budget shall give priority to the following:

(1) Construction, repair, and maintenance of school buildings and other

facilities of public elementary and secondary schools;

(2) Establishment and maintenance of extension classes where necessary; and

(3) Sports activities at the division, district, municipal, and barangay levels.

SEC. 101. Compensation and Remuneration. - The co-chairmen and members of

the provincial, city or municipal school board shall perform their duties as such
without compensation or remuneration. Members thereof who are not
government officials or employees shall be entitled to necessary traveling
expenses and allowances chargeable against funds of the local school board
concerned, subject to existing accounting and auditing rules and regulations.

TITLE FIVE. - LOCAL HEALTH BOARDS

43

SEC. 102. Creation and Composition. - (a) There shall be established a local
health board in every province, city or municipality. The composition of the local
health boards shall be as follows:

(1) The provincial health board shall be headed by the governor as chairman,
the provincial health officer as vice-chairman, and the chairman of the committee
on health of the sangguniang panlalawigan, a representative from the private
sector or non-governmental organizations involved in health services, and a
representative of the Department of Health in the province, as members;

(2) The city health board shall be headed by the city mayor as chairman, the
city health officer as vice-chairman, and the chairman of the committee on health
of the sangguniang panlungsod, a representative from the private sector or non-
governmental organizations involved in health services, and a representative of
the Department of Health in the city, as members; and

(3) The municipal health board shall be headed by the municipal mayor as
chairman, the municipal health officer as vice-chairman, and the chairman of the
committee on health of the sangguniang bayan, a representative from the private
sector or non-governmental organizations involved in health services, and a
representative of the Department of Health in the municipality, as members;

(b) The functions of the local health board shall be:

(1) To propose to the sanggunian concerned, in accordance with standards and

criteria set by the Department of Health, annual budgetary allocations for the
operation and maintenance of health facilities and services within the
municipality, city or province, as the case may be.

(2) To serve as an advisory committee to the sanggunian concerned on health

matters such as, but not limited to, the necessity for, and application of, local
appropriations for public health purposes; and

(3) Consistent with the technical and administrative standards of the

Department of Health, create committees which shall advise local health agencies
on matters such as, but not limited to, personnel selection and promotion, bids
and awards, grievances and complaints, personnel discipline, budget review,
operations review and similar functions.

SEC. 103. Meetings and Quorum. - (a) The board shall meet at least once a month
or as often as may be necessary.

(b) A majority of the members of the board shall constitute a quorum, but the
chairman or the vice-chairman must be present during meetings where budgetary
proposals are being prepared or considered. The affirmative vote of all the
44

majority of the members shall be necessary to approve such proposals.

SEC. 104. Compensation and Remuneration. - The chairman, vice-chairman, and

members of the provincial, city or municipal health board shall perform their
duties as such without compensation or remuneration. Members thereof who are
not government officials or employees shall be entitled to necessary traveling
expenses and allowances chargeable against the funds of the local health board
concerned, subject to existing accounting and auditing rules and regulations.

SEC. 105. Direct National Supervision and Control by the Secretary of Health. -
In cases of epidemics, pestilence, and other widespread public health dangers, the
Secretary of Health may, upon the direction of the President and in consultation
with the local government unit concerned, temporarily assume direct supervision
and control over health operations in any local government unit for the duration
of the emergency, but in no case exceeding a cumulative period of six (6) months.
With the concurrence of the local government unit concerned, the period for such
direct national control and supervision may be further extended.

TITLE SIX. - LOCAL DEVELOPMENT COUNCILS

SEC. 106. Local Development Councils. - (a) Each local government unit shall
have a comprehensive multisectoral development plan to be initiated by its
development council and approved by its sanggunian. For this purpose, the
development council at the provincial city, municipal, or barangay level, shall
assist the corresponding sanggunian in setting the direction of economic and
social development, and coordinating development efforts within its territorial
jurisdiction.

SEC. 107. Composition of Local Development Councils. - The composition of the

local development council shall be as follows:

(a) The barangay development council shall be headed by the punong barangay
and shall be composed of the following members:

(1) Members of the sangguniang barangay;

(2) Representatives of non-governmental organizations operating in the
barangay, who shall constitute not less than one fourth (1/4) of the members of
the fully organized council;
(3) A representative of the congressman.

(b) The city or municipal development council shall be headed by the mayor
and shall be composed of the following members:

(1) All punong barangays in the city or municipality;

45

(2) The chairman of the committee on appropriations of the sangguniang

panlungsod or sangguniang bayan concerned;

(3) The congressman or his representative; and

(4) Representatives of nongovernmental organizations operating in the city or

municipality, as the case may be, who shall constitute not less than one-fourth
(1/4) of the members of the fully organized council.

(c) The provincial development council shall be headed by the governor and shall
be composed of the following members:

(1) All mayors of component cities and municipalities;

(2) The chairman of the committee on appropriations of the sangguniang

panlalawigan;

(3) The congressman or his representative; and

(4) Representatives of nongovernmental organizations operating in the province,

who shall constitute not less than one-fourth (1/4) of the members of the fully
organized council.

(d) The local development councils may call upon any local official concerned or
any official of national agencies or offices in the local government unit to assist in
the formulation of their respective development plans and public investment
programs.

SEC. 108. Representation of Non-Governmental Organizations. - Within a

period of sixty (60) days from the start of organization of local development
councils, the nongovernmental organizations shall choose from among
themselves their representatives to said councils. The local sanggunian concerned
shall accredit nongovernmental organizations subject to such criteria as may be
provided by law.

SEC. 109. Functions of Local Development Councils. - (a) The provincial, city,
and municipal development councils shall exercise the following functions:

(1) Formulate long-term, medium-term, and annual socioeconomic development

plans and policies;

(2) Formulate the medium-term and annual public investment programs;

(3) Appraise and prioritize socioeconomic development programs and projects;

(4) Formulate local investment incentives to promote the inflow and direction of
private investment capital;
46

(5) Coordinate, monitor, and evaluate the implementation of development

programs and projects; and

(6) Perform such other functions as may be provided by law or competent

authority.

(b) The barangay development council shall exercise the following functions:

(1) Mobilize people's participation in local development efforts;

(2) Prepare barangay development plans based on local requirements;

(3) Monitor and evaluate the implementation of national or local programs and
projects; and

(4) Perform such other functions as may be provided by law or competent

authority.

SEC. 110. Meetings and Quorum. - The local development council shall meet at
least once every six (6) months or as often as may be necessary.

SEC. 111. Executive Committee. - (a) Each local development council shall create
an executive committee to represent it and act in its behalf when it is not in
session. The composition of the executive committee shall be as follows:

(1) The executive committee of the provincial development council shall be

composed of the governor as chairman, the representative of component city and
municipal mayors to be chosen from among themselves, the chairman of the
committee on appropriations of the sangguniang panlalawigan, the president of
the provincial league of barangays, and a representative of nongovernmental
organizations that are represented in the council, as members;

(2) The executive committee of the city or municipal development council shall
be composed of the mayor as chairman, the chairman of the committee on
appropriations of the sangguniang panlalawigan, the president of the city or
municipal league of barangays, and a representative of nongovernmental
organizations that are represented in the council, as members; and

(3) The executive committee of the barangay development council shall be

composed of the punong barangay as chairman, a representative of the
sangguniang barangay to be chosen from among its members, and a
representative of nongovernmental organizations that are represented in the
council, as members.

(b) The executive committee shall exercise the following powers and functions:

47

 (1) Ensure that the decision of the council are faithfully carried out and
implemented;

(2) Act on matters requiring immediate attention or action by the council;

(3) Formulate policies, plans, and programs based on the general principles laid
down by the council; and

(4) Act on other matters that may be authorized by the council.

SEC. 112. Sectoral or Functional Committees. - The local development councils

may form sectoral or functional committees to assist them in the performance of
their functions.

SEC. 113. Secretariat. - There is hereby constituted for each local development
council a secretariat which shall be responsible for providing technical support,
documentation of proceedings, preparation of reports and such other assistance
as may be required in the discharge of its functions. The local development
council may avail of the services of any nongovernmental organization or
educational or research institution for this purpose.

The secretariats of the provincial, city, and municipal development councils shall
be headed by their respective planning and development coordinators. The
secretariat of the barangay development council shall be headed by the barangay
secretary who shall be assisted by the city or municipal planning and
development coordinator concerned.

SEC. 114. Relation of Local Development Councils to the Sanggunian and the
Regional Development Council. - (a) Thepolicies, programs, and projects
proposed by localdevelopment councils shall be submitted to the sanggunian
concerned for appropriate action. The local development plans approved by their
respective sanggunian may be integrated with the development plans of the next
higher level of local development council.

(b) The approved development plans of provinces, highly-urbanized cities, and

independent component cities shall be submitted to the regional development
council, which shall be integrated into the regional development plan for
submission to the National Economic and Development Authority, in accordance
with existing laws.

SEC. 115. Budget Information. - The Department of Budget and Management

shall furnish the various local development councils information on financial
resources and budgetary allocations applicable to their respective jurisdictions to
guide them in their planning functions.

48

 TITLE SEVEN. -LOCAL PEACE AND ORDER COUNCIL

SEC. 116. Organization. - There is hereby established in every province, city and
municipality a local peace and order council, pursuant to Executive Order
Numbered Three hundred nine (E.O. No. 309), Series of 1988. The local peace
and order councils shall have the same composition and functions as those
prescribed by the said executive order.

TITLE EIGHT. - AUTONOMOUS SPECIAL ECONOMIC ZONE

SEC. 117. Establishment of Autonomous Special Economic Zones. - The

establishment by law of autonomous special economic zones in selected areas of
the country shall be subject to concurrence by the local government units
included therein.

TITLE NINE. - OTHER PROVISIONS APPLICABLE TO LOCAL GOVERNMENT

UNITS

CHAPTER 1. - Settlement of Boundary Disputes

SEC. 118. Jurisdictional Responsibility for Settlement of Boundary Dispute. -

Boundary disputes between and among local government units shall, as much as
possible, be settled amicably. To this end:

(a) Boundary disputes involving two (2) or more barangays in the same city or
municipality shall be referred for settlement to the sangguniang panlungsod or
sangguniang bayan concerned.

(b) Boundary disputes involving two (2) or more municipalities within the same
province shall be referred for settlement to the sangguniang panlalawigan
concerned.

(c) Boundary disputes involving municipalities or component cities of different

provinces shall be jointly referred for settlement to the sanggunians of the
provinces concerned.

(d) Boundary disputes involving a component city or municipality on the one

hand and a highly urbanized city on the other, or two (2) or more highly
urbanized cities, shall be jointly referred for settlement to the respective
sanggunians of the parties.

(e) In the event the sanggunian fails to effect an amicable settlement within sixty
(60) days from the date the dispute was referred thereto, it shall issue a
certification to that effect. Thereafter, the dispute shall be formally tried by the

49

sanggunian concerned which shall decide the issue within sixty (60) days from
the date of the certification referred to above.

SEC. 119. Appeal. - Within the time and manner prescribed by the Rules of Court,
any party may elevate the decision of the sanggunian concerned to the proper
Regional Trial Court having jurisdiction over the area in dispute. The Regional
Trial Court shall decide the appeal within one (1) year from the filing thereof.
Pending final resolution of the disputed area prior to the dispute shall be
maintained and continued for all legal purposes.

CHAPTER 2. - LOCAL INITIATIVE AND REFERENDUM

SEC. 120. Local Initiative Defined. - Local initiative is the legal process whereby
the registered voters of a local government unit may directly propose, enact, or
amend any ordinance.

SEC. 121. Who May Exercise. - The power of local initiative and referendum may
be exercised by all registered voters of the provinces, cities, municipalities, and
barangays.

SEC. 122. Procedure in Local Initiative. - (a) Not less than one thousand (1,000)
registered voters in case of provinces and cities, one hundred (100) in case of
municipalities, and fifty (50) in case of barangays, may file a petition with the
sanggunian concerned proposing the adoption, enactment, repeal, or amendment
of an ordinance.

(b) If no favorable action thereon is taken by the sanggunian concerned within

thirty (30) days from its presentation, the proponents, through their duly
authorized and registered representatives, may invoke their power of initiative,
giving notice thereof to the sanggunian concerned.

(c) The proposition shall be numbered serially starting from Roman numeral I.
The Comelec or its designated representative shall extend assistance in the
formulation of the proposition.

(d) Two (2) or more propositions may be submitted in an initiative.

(e) Proponents shall have ninety (90) days in case of provinces and cities, sixty
(60) days in case of municipalities, and thirty (30) days in case of barangays, from
notice mentioned in subsection (b) hereof to collect the required number of
signatures.

(f) The petition shall be signed before the election registrar, or his designated
representatives, in the presence of a representative of the proponent, and a
representative of the sanggunian concerned in a public place in the local

50

government unit, as the case may be. Stations for collecting signatures may be
established in as many places as may be warranted.

(g) Upon the lapse of the period herein provided, the Comelec, through its office
in the local government unit concerned, shall certify as to whether or not the
required number of signatures has been obtained. Failure to obtain the required
number defeats the proposition.

(h) If the required number of signatures is obtained, the Comelec shall then set a
date for the initiative during which the proposition shall be submitted to the
registered voters in the local government unit concerned for their approval within
sixty (60) days from the date of certification by the Comelec, as provided in
subsection (g) hereof, in case of provinces and cities, forty-five (45) days in case
of municipalities, and thirty (30) days in case of barangays. The initiative shall
then be held on the date set, after which the results thereof shall be certified and
proclaimed by the Comelec.

SEC. 123. Effectivity of Local Propositions. - If the proposition is approved by a

majority of the votes cast, it shall take effect fifteen (15) days after certification by
the Comelec as if affirmative action thereon had been made by the sanggunian
and local chief executive concerned. If it fails to obtain said number of votes, the
proposition is considered defeated.

SEC. 124. Limitations on Local Initiatives. - (a) The power of local initiative shall
not be exercised more than once a year.

(b) Initiative shall extend only to subjects or matters which are within the legal
powers of the sanggunians to enact.

(c) If at any time before the initiative is held, the sanggunian concerned adopts in
toto the proposition presented and the local chief executive approves the same,
the initiative shall be canceled. However, those against such action may, if they so
desire, apply for initiative in the manner herein provided.

SEC. 125. Limitations upon Sanggunians. - Any proposition or ordinance

approved through the system of initiative and referendum as herein provided
shall not be repealed, modified or amended by the sanggunian concerned within
six (6) months from the date of the approval thereof, and may be amended,
modified or repealed by the sanggunian within three (3) years thereafter by a vote
of three-fourths (3/4) of all its members: Provided, That in case of barangays, the
period shall be eighteen (18) months after the approval thereof.

SEC. 126. Local Referendum Defined. - Local referendum is the legal process
whereby the registered voters of the local government units may approve, amend
or reject any ordinance enacted by the sanggunian. The local referendum shall be
held under the control and direction of the Comelec within sixty (60) days in case
51

of provinces and cities, forty-five (45) days in case of municipalities and thirty
(30) days in case of barangays. The Comelec shall certify and proclaim the results
of the said referendum.

SEC. 127. Authority of Courts. - Nothing in this Chapter shall prevent or preclude
the proper courts from declaring null and void any proposition approved
pursuant to this Chapter for violation of the Constitution or want of capacity of
the sanggunian concerned to enact the said measure.

BOOK II

LOCAL TAXATION AND FISCAL MATTERS

TITLE ONE. - LOCAL GOVERNMENT TAXATION

CHAPTER 1 - GENERAL PROVISIONS

SEC. 128. Scope.- The provisions herein shall govern the exercise by provinces,
cities, municipalities, and barangays of their taxing and other revenue-raising
powers.

SEC. 129. Power to Create Sources of Revenue. - Each local government unit
shall exercise its power to create its own sources of revenue and to levy taxes,
fees, and charges subject to the provisions herein, consistent with the basic policy
of local autonomy. Such taxes, fees, andcharges shall accrue exclusively to the
local government units.

SEC. 130. Fundamental Principles. - The following fundamental principles shall

govern the exercise of the taxing and other revenue-raising powers of local
government units:

(a) Taxation shall be uniform in each local government unit; (b) Taxes, fees,
charges and other impositions shall:

(1) be equitable and based as far as practicable on the taxpayer's ability to pay;

(2) be levied and collected only for public purposes;

(3) not be unjust, excessive, oppressive, or confiscatory;

(4) not be contrary to law, public policy, national economic policy, or in restraint
of trade;

(c) The collection of local taxes, fees, charges and other impositions shall in no
case be let to any private person;

52

 (d) The revenue collected pursuant to the provisions of this Code shall inure
solely to the benefit of, and be subject to disposition by, the local government unit
levying the tax, fee, charge or other imposition unless otherwise specifically
provided herein; and,

(e) Each local government unit shall, as far as practicable, evolve a progressive
system of taxation.

SEC. 131. Definition of Terms. - When used in this Title, the term:

(a) "Agricultural Product" includes the yield of the soil, such as corn, rice, wheat,
rye, hay, coconuts, sugarcane, tobacco, root crops, vegetables, fruits, flowers, and
their by-products; ordinary salt; all kinds of fish; poultry; and livestock and
animal products, whether in their original form or not. The phrase "whether in
their original form or not" refers to the transformation of said products by the
farmer, fisherman, producer or owner through the application of processes to
preserve or otherwise to prepare said products for the market such as freezing,
drying, salting, smoking, or stripping for purposes of preserving or otherwise
preparing said products for the market;

(b) "Amusement" is a pleasurable diversion and entertainment. It is synonymous

to relaxation, avocation, pastime, or fun;

(c) "Amusement Places" include theaters, cinemas, concert halls, circuses and
other places of amusement where one seeks admission to entertain oneself by
seeing or viewing the show or performances;

(d) "Business" means trade or commercial activity regularly engaged in as a

means of livelihood or with a view to profit;

(e) "Banks and other financial institutions" include non-bank financial

intermediaries, lending investors, finance and investment companies,
pawnshops, money shops, insurance companies, stock markets, stock brokers and
dealers in securities and foreign exchange, as defined under applicable laws, or
rules and regulations thereunder;

(f) "Capital Investment" is the capital which a person employs in any

undertaking, or which he contributes to the capital of a partnership, corporation,
or any other juridical entity or association in a particular taxing jurisdiction;

(g) "Charges" refer to pecuniary liability, as rents or fees against persons or

property; (h) "Contractor" includes persons, natural or juridical, not subject to
professional tax under Section 139 of this Code, whose activity consists essentially
of the sale of all kinds of services for a fee, regardless of whether or not the
performance of the service calls for the exercise or use of the physical or mental
faculties of such contractor or his employees.
53

 As used in this Section, the term "contractor" shall include general engineering,
general building and specialty contractors as defined under applicable laws;
filling, demolition and salvage works contractors; proprietors or operators of
mine drilling apparatus; proprietors or operators of dockyards; persons engaged
in the installation of water system, and gas or electric light, heat, or power;
proprietors or operators of smelting plants; engraving, plating, and plastic
lamination establishments; proprietors or operators of establishments for
repairing, repainting, upholstering, washing or greasing of vehicles, heavy
equipment, vulcanizing, recapping and battery charging; proprietors or operators
of furniture shops and establishments for planing or surfacing and recutting of
lumber, and sawmills under contract to saw or cut logs belonging to others;
proprietors or operators of dry- cleaning or dyeing establishments, steam
laundries, and laundries using washing machines; proprietors or owners of shops
for the repair of any kind of mechanical and electrical devices, instruments,
apparatus, or furniture and shoe repairing by machine or any mechanical
contrivance; proprietors or operators of establishments or lots for parking
purposes; proprietors or operators of tailor shops, dress shops, milliners and
hatters, beauty parlors, barbershops, massage clinics, sauna, Turkish and
Swedish baths, slenderizing and building saloons and similar establishments;
photographic studios; funeral parlors; proprietors or operators of hotels, motels,
and lodging houses; proprietors or operators of arrastre and stevedoring,
warehousing, or forwarding establishments; master plumbers, smiths, and house
or sign painters; printers, bookbinders, lithographers; publishers except those
engaged in the publication or printing of any newspaper, magazine, review or
bulletin which appears at regular intervals with fixed prices for subscription and
sale and which is not devoted principally to the publication of advertisements;
business agents, private detective or watchman agencies, commercial and
immigration brokers, and cinematographic film owners, lessors and distributors.

(i) "Corporation" includes partnerships, no matter how created or organized,

joint-stock companies, joint accounts (cuentas en participacion), associations or
insurance companies but does not include general professional partnerships and
a joint venture or consortium formed for the purpose of undertaking construction
projects or engaging in petroleum, coal, geothermal, and other energy operations
pursuant to an operating or consortium agreement under a service contract with
the government. General professional partnerships are partnerships formed by
persons for the sole purpose of exercising their common profession, no part of the
income of which is derived from engaging in any trade or business. The term
"resident foreign" when applied to a corporation means a foreign corporation not
otherwise organized under the laws of the Philippines but engaged in trade or
business within the Philippines;

(j) "Countryside and Barangay Business Enterprise" refers to any business entity,
association, or cooperative registered under the provisions of Republic Act
Numbered Sixty-eight hundred ten (R.A. No. 6810), otherwise known as "Magna
Carta For Countryside And Barangay Business Enterprises (Kalakalan 20)";
54

(k) "Dealer" means one whose business is to buy and sell merchandise, goods,
and chattels as a merchant. He stands immediately between the producer or
manufacturer and the consumer and depends for his profit not upon the labor he
bestows upon his commodities but upon the skill and foresight with which he
watches the market;

(l) "Fee" means a charge fixed by law or ordinance for the regulation or
inspection of a business or activity;

(m) "Franchise" is a right or privilege, affected with public interest which is

conferred upon private persons or corporations, under such terms and conditions
as the government and its political subdivisions may impose in the interest of
public welfare, security, and safety;

(n) "Gross Sales or Receipts" include the total amount of money or its equivalent
representing the contract price, compensation or service fee, including the
amount charged or materials supplied with the services and deposits or advance
payments actually or constructively received during the taxable quarter for the
services performed or to be performed for another person excluding discounts if
determinable at the time of sales, sales return, excise tax, and value-added tax
(VAT);

(o) "Manufacturer" includes every person who, by physical or chemical process,

alters the exterior texture or form or inner substance of any raw material or
manufactured or partially manufactured product in such manner as to prepare it
for special use or uses to which it could not have been put in its original
condition, or who by any such process alters the quality of any such raw material
or manufactured or partially manufactured products so as to reduce it to
marketable shape or prepare it for any of the use of industry, or who by any such
process combines any such raw material or manufactured or partially
manufactured products with other materials or products of the same or of
different kinds and in such manner that the finished products of such process or
manufacture can be put to a special use or uses to which such raw material or
manufactured or partially manufactured products in their original condition
could not have been put, and who in addition alters such raw material or
manufactured or partially manufactured products, or combines the same to
produce such finished products for the purpose of their sale or distribution to
others and not for his own use or consumption;

(p) "Marginal Farmer or Fisherman" refers to an individual engaged in

subsistence farming or fishing which shall be limited to the sale, barter or
exchange of agricultural or marine products produced by himself and his
immediate family;

(q) "Motor Vehicle" means any vehicle propelled by any power other than
muscular power using the public roads, but excluding road rollers, trolley cars,
55

street-sweepers, sprinklers, lawn mowers, bulldozers, graders, fork-lifts,

amphibian trucks, and cranes if not used on public roads, vehicles which run only
on rails or tracks, and tractors, trailers, and traction engines of all kinds used
exclusively for agricultural purposes;

(r) "Municipal Waters" includes not only streams, lakes, and tidal waters within
the municipality, not being the subject of private ownership and not comprised
within the national parks, public forest, timber lands, forest reserves or fishery
reserves, but also marine waters included between two lines drawn
perpendicularly to the general coastline from points where the boundary lines of
the municipality or city touch the sea at low tide and a third line parallel with the
general coastline and fifteen (15) kilometers from it. Where two (2) municipalities
are so situated on the opposite shores that there is less than fifteen (15)
kilometers of marine waters between them, the third line shall be equally distant
from opposite shores of the respective municipalities;

(s) "Operator" includes the owner, manager, administrator, or any other person
who operates or is responsible for the operation of a business establishment or
undertaking;

(t) "Peddler" means any person who, either for himself or on commission, travels
from place to place and sells his goods or offers to sell and deliver the same.
Whether a peddler is a wholesale peddler or a retail peddler of a particular
commodity shall be determined from the definition of wholesale dealer or retail
dealer as provided in this Title;

(u) "Persons" means every natural or juridical being, susceptible of rights and
obligations or of being the subject of legal relations;

(v) "Residents" refer to natural persons who have their habitual residence in the
province, city, or municipality where they exercise their civil rights and fulfill
their civil obligations, and to juridical persons for which the law or any other
provision creating or recognizing them fixes their residence in a particular
province, city, or municipality. In the absence of such law, juridical persons are
residents of the province, city, or municipality where they have their legal
residence or principal place of business or where they conduct their principal
business or occupation;

(w) "Retail" means a sale where the purchaser buys the commodity for his own
consumption, irrespective of the quantity of the commodity sold; (x) "Vessel"
includes every type of boat, craft, or other artificial contrivance used, or capable
of being used, as a means of transportation on water;

(y) "Wharfage" means a fee assessed against the cargo of a vessel engaged in
foreign or domestic trade based on quantity, weight, or measure received and/or
discharged by vessel; and
56

 (z) "Wholesale" means a sale where the purchaser buys or imports the
commodities for resale to persons other than the end user regardless of the
quantity of the transaction.

SEC. 132. Local Taxing Authority. - The power to impose a tax, fee, or charge or
to generate revenue under this Code shall be exercised by the sanggunian of the
local government unit concerned through an appropriate ordinance.

SEC. 133. Common Limitations on the Taxing Powers of Local Government

Units. - Unless otherwise provided herein, the exercise of the taxing powers of
provinces, cities, municipalities, and barangays shall not extend to the levy of the
following:

(a) Income tax, except when levied on banks and other financial institutions;

(b) Documentary stamp tax;

(c) Taxes on estates, inheritance, gifts, legacies and other acquisitions mortis
causa, except as otherwise provided herein;

(d) Customs duties, registration fees of vessel and wharfage on wharves, tonnage
dues, and all other kinds of customs fees, charges and dues except wharfage on
wharves constructed and maintained by the local government unit concerned;

(e) Taxes, fees and charges and other impositions upon goods carried into or out
of, or passing through, the territorial jurisdictions of local government units in
the guise of charges for wharfage, tolls for bridges or otherwise, or other taxes,
fees or charges in any form whatsoever upon such goods or merchandise; (f)
Taxes, fees or charges on agricultural and aquatic products when sold by marginal
farmers or fishermen; (g) Taxes on business enterprises certified to by the Board
of Investments as pioneer or non-pioneer for a period of six (6) and four (4)
years, respectively from the date of registration;

(h) Excise taxes on articles enumerated under the National Internal Revenue
Code, as amended, and taxes, fees or charges on petroleum products;

(i) Percentage or value-added tax (VAT) on sales, barters or exchanges or similar

transactions on goods or services except as otherwise provided herein; (j) Taxes
on the gross receipts of transportation contractors and persons engaged in the
transportation of passengers or freight by hire and common carriers by air, land
or water, except as provided in this Code;

(k) Taxes on premiums paid by way of reinsurance or retrocession;

(l) Taxes, fees or charges for the registration of motor vehicles and for the
issuance of all kinds of licenses or permits for the driving thereof, except tricycles;

57

 (m) Taxes, fees, or other charges on Philippine products actually exported, except
as otherwise provided herein; (n) Taxes, fees, or charges, on Countryside and
Barangay Business Enterprises and cooperatives duly registered under R.A. No.
6810 and Republic Act Numbered Sixty-nine hundred thirty-eight (R.A. No.
6938) otherwise known as the "Cooperatives Code of the Philippines"
respectively; and

(o) Taxes, fees or charges of any kind on the National Government , its agencies
and instrumentalities, and local government units.

CHAPTER 2. SPECIFIC PROVISIONS ON THE TAXING AND OTHER

REVENUE-RAISING POWERS OF LOCAL GOVERNMENT UNITS

Article One - Provinces

SEC. 134. Scope of Taxing Powers. - Except as otherwise provided in this Code,
the province may levy only the taxes, fees, and charges as provided in this Article.

SEC. 135. Tax on Transfer of Real Property Ownership. - (a) The province may
impose a tax on the sale, donation, barter, or on any other mode of transferring
ownership or title of real property at the rate of not more than fifty percent (50%)
of one percent (1%) of the total consideration involved in the acquisition of the
property or of the fair market value in case the monetary consideration involved
in the transfer is not substantial, whichever is higher. The sale, transfer or other
disposition of real property pursuant to R.A. No. 6657 shall be exempt from this
tax.

(b) For this purpose, the Register of Deeds of the province concerned shall,
before registering any deed, require the presentation of the evidence of payment
of this tax. The provincial assessor shall likewise make the same requirement
before cancelling an old tax declaration and issuing a new one in place thereof.
Notaries public shall furnish the provincial treasurer with a copy of any deed
transferring ownership or title to any real property within thirty (30) days from
the date of notarization. It shall be the duty of the seller, donor, transferor,
executor or administrator to pay the tax herein imposed within sixty (60) days
from the date of the execution of the deed or from the date of the decedent's
death.

SEC. 136. Tax on Business of Printing and Publication. - The province may
impose a tax on the business of persons engaged in the printing and/or
publication of books, cards, posters, leaflets, handbills, certificates, receipts,
pamphlets, and others of similar nature, at a rate not exceeding fifty percent
(50%) of one percent (1%) of the gross annual receipts for the preceding calendar
year. In the case of a newly started business, the tax shall not exceed one-
twentieth (1/20) of one percent (1%) of the capital investment. In the succeeding
58

calendar year, regardless of when the business started to operate, the tax shall be
based on the gross receipts for the preceding calendar year, or any fraction
thereof, as provided herein. The receipts from the printing and/or publishing of
books or other reading materials prescribed by the Department of Education,
Culture and Sports, as school texts or references shall be exempt from the tax
herein imposed.

SEC. 137. Franchise Tax. - Notwithstanding any exemption granted by any law or
other special law, the province may impose a tax on businesses enjoying a
franchise, at a rate not exceeding fifty percent (50%) of one percent (1%) of the
gross annual receipts for the preceding calendar year based on the incoming
receipt, or realized, within its territorial jurisdiction. In the case of a newly started
business, the tax shall not exceed one-twentieth (1/20) of one percent (1%) of the
capital investment. In the succeeding calendar year, regardless of when the
business started to operate, the tax shall be based on the gross receipts for the
preceding calendar year, or any fraction thereof, as provided herein.

SEC. 138. Tax on Sand, Gravel and Other Quarry Resources. - The province may
levy and collect not more than ten percent (10%) of fair market value in the
locality per cubic meter of ordinary stones, sand, gravel, earth, and other quarry
resources, as defined under the National Internal Revenue Code, as amended,
extracted from public lands or from the beds of seas, lakes, rivers, streams,
creeks, and other public waters within its territorial jurisdiction. The permit to
extract sand, gravel and other quarry resources shall be issued exclusively by the
provincial governor, pursuant to the ordinance of the sangguniang panlalawigan.
The proceeds of the tax on sand, gravel and other quarry resources shall be
distributed as follows:

(1) Province - Thirty percent (30%);

(2) Component city or municipality where the sand, gravel, and other quarry
resources are extracted - Thirty percent (30%); and

(3) barangay where the sand, gravel, and other quarry resources are extracted -
Forty percent (40%).

SEC. 139. Professional Tax. - (a) The province may levy an annual professional
tax on each person engaged in the exercise or practice of his profession requiring
government examination at such amount and reasonable classification as the
sangguniang panlalawigan may determine but shall in no case exceed Three
hundred pesos (P=300.00).

(b) Every person legally authorized to practice his profession shall pay the
professional tax to the province where he practices his profession or where he
maintains his principal office in case he practices his profession in several places:
Provided, however, That such person who has paid the corresponding
59

professional tax shall be entitled to practice his profession in any part of the
Philippines without being subjected to any other national or local tax, license, or
fee for the practice of such profession.

(c) Any individual or corporation employing a person subject to professional tax

shall require payment by that person of the tax on his profession before
employment and annually thereafter.

(d) The professional tax shall be payable annually, on or before the thirty-first
(31st) day of January. Any person first beginning to practice a profession after the
month of January must, however, pay the full tax before engaging therein. A line
of profession does not become exempt even if conducted with some other
profession for which the tax has been paid. Professionals exclusively employed in
the government shall be exempt from the payment of this tax.

(e) Any person subject to the professional tax shall write in deeds, receipts,
prescriptions, reports, books of account, plans and designs, surveys and maps, as
the case may be, the number of the official receipt issued to him.

SEC. 140. Amusement Tax. - (a) The province may levy an amusement tax to be
collected from the proprietors, lessees, or operators of theaters, cinemas, concert
halls, circuses, boxing stadia, and other places of amusement at a rate of not more
than thirty percent (30%) of the gross receipts from admission fees.

(b) In the case of theaters or cinemas, the tax shall first be deducted and withheld
by their proprietors, lessees, or operators and paid to the provincial treasurer
before the gross receipts are divided between said proprietors, lessees, or
operators and the distributors of the cinematographic films.

(c) The holding of operas, concerts, dramas, recitals, painting and art exhibitions,
flower shows, musical programs, literary and oratorical presentations, except
pop, rock, or similar concerts shall be exempt from the payment of the tax herein
imposed.

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

(e) The proceeds from the amusement tax shall be shared equally by the province
and the municipality where such amusement places are located.

SEC. 141. Annual Fixed Tax For Every Delivery Truck or Van of Manufacturers
or Producers, Wholesalers of, Dealers, or Retailers in, Certain Products. - (a)
The province may levy an annual fixed tax for every truck, van or any vehicle used
by manufacturers, producers, wholesalers, dealers or retailers in the delivery or
60

distribution of distilled spirits, fermented liquors, soft drinks, cigars and

cigarettes, and other products as may be determined by the sangguniang
panlalawigan, to sales outlets, or consumers, whether directly or indirectly,
within the province in an amount not exceeding Five hundred pesos (P500.00).

(b) The manufacturers, producers, wholesalers, dealers, and retailers referred to

in the immediately foregoing paragraph shall be exempt from the tax on peddlers
prescribed elsewhere in this Code.

Article Two - Municipalities

SEC. 142. Scope of Taxing Powers. - Except as otherwise provided in this Code,
municipalities may levy taxes, fees, and charges not otherwise levied by
provinces.

SEC. 143. Tax on Business. - The municipality may impose taxes on the following
businesses:

(a) On manufacturers, assemblers, repackers, processors, brewers, distillers,

rectifiers, and compounders of liquors, distilled spirits, and wines or
manufacturers of any article of commerce of whatever kind or nature, in
accordance with the following schedule: With gross sales or receipts for the
Amount of Tax preceding calendar year in the amount of:

Per Annum

Less than 10,000.00 165.00

P 10,000.00 or more but less than 15,000.00
15,000.00 or more but less than 20,000.00
20,000.00 or more but less than 30,000.00
30,000.00 or more but less than
40,000.00 660.00 40,000.00 or more but less than
50,000.00 825.00 50,000.00 or more but less than 75,000.00 1,320.00
75,000.00 or more but less than 100,000.00 1,650.00
100,000.00 or more but less than 150,000.00 2,200.00
150,000.00 or more but less than 200,000.00 2,750.00
200,000.00 or more but less than 300,000.00 3,850.00
300,000.00 or more but less than 500,000.00 5,500.00
500,000.00 or more but less than 750,000.00 8,000.00
750,000.00 or more but less than 1,000,000.00 10,000.00
1,000,000.00 or more but less than 2,000,000.00 13,750.00
2,000,000.00 or more but less than 3,000,000.00 16,500.00
3,000,000.00 or more but less than 4,000,000.00 19,800.00
4,000,000.00 or more but less than 5,000,000.00 23,100.00
5,000,000.00 or more but less than 6,500,000.00 24,375.00
61

 6,500,000.00 or more at a rate not exceeding thirty-seven and a half

percent (37 1/2%) of one percent (1%)

(b) On wholesalers, distributors, or dealers in any article of commerce of

whatever kind or nature in accordance with the following schedule: With gross
sales or receipts for the Amount of Tax preceding calendar year in the amount of:

Per Annum

Less than P1,000.00 18.00

P 1,000.00 or more but less than P 2,000.00 33.00
2,000.00 or more but less than 3,000.00 50.00
3,000.00 or more but less than 4,000.00 72.00
4,000.00 or more but less than 5,000.00 100.00
5,000.00 or more but less than 6,000.00 121.00
6,000.00 or more but less than 7,000.00 143.00
7,000.00 or more but less than 8,000.00 165.00
8,000.00 or more but less than 10,000.00 187.00
10,000.00 or more but less than 15,000.00 220.00
15,000.00 or more but less than 20,000.00 275.00
20,000.00 or more but less than 30,000.00 330.00
30,000.00 or more but less than 40,000.00 440.00
40,000.00 or more but less than 50,000.00 660.00
50,000.00 or more but less than 75,000.00 990.00
75,000.00 or more but less than 100,000.00 1320.00
100,000.00 or more but less than 150,000.00 1870.00
150,000.00 or more but less than 200,000.00 2420.00
200,000.00 or more but less than 300,000.00 3300.00
300,000.00 or more but less than 500,000.00 4400.00
500,000.00 or more but less than 750,000.00 6600.00
750,000.00 or more but less than 1,000,000.00 8800.00
1,000,000.00 or more but less than 2,000,000.00 10000.00
2,000,000.00 or more at a rate not exceeding fifty percent (50%) of one
percent (1%).

(c) On exporters, and on manufacturers, millers, producers, wholesalers,

distributors, dealers or retailers of essential commodities enumerated hereunder
at a rate not exceeding one-half (1/2) of the rates prescribed under subsections
(a), (b) and (d) of this Section:

(1) Rice and corn;

(2) Wheat or cassava flour, meat, dairy products, locally manufactured,

processed or preserved food, sugar, salt and other agricultural, marine, and fresh
water products, whether in their original state or not;

62

 (3) Cooking oil and cooking gas;

(4) Laundry soap, detergents, and medicine;

(5) Agricultural implements, equipment and post- harvest facilities, fertilizers,

pesticides, insecticides, herbicides and other farm inputs;

(6) Poultry feeds and other animal feeds;

(7) School supplies; and

(8) Cement.

(d) On retailers, With gross sales or receipts Rate of tax for the preceding
calendar year of:
per annum

P400,000.00 or less 2%
more than P400,000.00 1%

Provided, however, That barangays shall have the exclusive power to levy taxes,
as provided under Section 152 hereof, on gross sales or receipts of the preceding
calendar year of Fifty thousand pesos (P=50,000.00) or less, in the case of cities,
and Thirty thousand pesos (P=30,000.00) or less, in the case of municipalities.

(e) On contractors and other independent contractors, in accordance with the

following schedule:

With gross receipts for the preceding calendar year in the amount of:

Amount of Tax Per Annum

Less than P= 5,000.00 27.50

P 5,000.00 or more but less than P 10,000.00 61.60
10,000.00 or more but less than 15,000.00 104.50
15,000.00 or more but less than 20,000.00 165.00
20,000.00 or more but less than 30,000.00 275.00
30,000.00 or more but less than 40,000.00 385.00
40,000.00 or more but less than 50,000.00 550.00
50,000.00 or more but less than 75,000.00 880.00
75,000.00 or more but less than 100,000.00 1320.00
100,000.00 or more but less than 150,000.00 1980.00
150,000.00 or more but less than 200,000.00 2640.00
200,000.00 or more but less than 250,000.00 3630.00
250,000.00 or more but less than 300,000.00 4620.00
300,000.00 or more but less than 400,000.00 6160.00
63

 400,000.00 or more but less than 500,000.00 8250.00

500,000.00 or more but less than 750,000.00 9250.00
750,000.00 or more but less than 1,000,000.00 10250.00
1,000,000.00 or more but less than 2,000,000.00 11500.00
2,000,000.00 or more at a rate not exceeding fifty percent (50%) of one
percent (1%)

(f) On banks and other financial institutions, at a rate not exceeding fifty percent
(50%) of one percent (1%) on the gross receipts of the preceding calendar year
derived from interest, commissions and discounts from lending activities, income
from financial leasing, dividends, rentals on property and profit from exchange or
sale of property, insurance premium.

(g) On peddlers engaged in the sale of any merchandise or article of commerce, at

a rate not exceeding Fifty pesos (P50.00) per peddler annually.

(h) On any business, not otherwise specified in the preceding paragraphs, which
the sanggunian concerned may deem proper to tax: Provided, That on any
business subject to the excise, value-added or percentage tax under the National
Internal Revenue Code, as amended, the rate of tax shall not exceed two percent
(2%) of gross sales or receipts of the preceding calendar year. The sanggunian
concerned may prescribe a schedule of graduated tax rates but in no case to
exceed the rates prescribed herein.

SEC. 144. Rates of Tax within the Metropolitan Manila Area. - The
municipalities within the Metropolitan Manila Area may levy taxes at rates which
shall not exceed by fifty percent (50%) the maximum rates prescribed in the
preceding Section.

SEC. 145. 4 Retirement of Business. - A business subject to tax pursuant to the

preceding sections shall, upon termination thereof, submit a sworn statement of
its gross sales or receipts for the current year. If the tax paid during the year be
less than the tax due on said gross sales or receipts of the current year, the
difference shall be paid before the business is considered officially retired.

SEC. 146. Payment of Business Taxes. - (a) The taxes imposed under Section 143
shall be payable for every separate or distinct establishment or place where
business subject to the tax is conducted and one line of business does not become
exempt by being conducted with some other business for which such tax has been
paid. The tax on a business must be paid by the person conducting the same.

(b) In cases where a person conducts or operates two (2) or more of the
businesses mentioned in Section 143 of this Code which are subject to the same
rate of tax, the tax shall be computed on the combined total gross sales or receipts
of the said two (2) or more related businesses.

64

 (c) In cases where a person conducts or operates two (2) or more businesses
mentioned in Section 143 of this Code which are subject to different rates of tax,
the gross sales or receipts of each business shall be separately reported for the
purpose of computing the tax due from each business.

SEC. 147. Fees and Charges. - The municipality may impose and collect such
reasonable fees and charges on business and occupation and, except as reserved
to the province in Section 139 of this Code, on the practice of any profession or
calling, commensurate with the cost of regulation, inspection and licensing before
any person may engage in such business or occupation, or practice such
profession or calling.

SEC. 148. Fees for Sealing and Licensing of Weights and Measures. - (a) The
municipality may levy fees for the sealing and licensing of weights and measures
at such reasonable rates as shall be prescribed by the sangguniang bayan.

(b) The sangguniang bayan shall prescribe the necessary regulations for the use
of such weights and measures, subject to such guidelines as shall be prescribed by
the Department of Science and Technology. The sanggunian concerned shall, by
appropriate ordinance, penalize fraudulent practices and unlawful possession or
use of instruments of weights and measures and prescribe the criminal penalty
therefor in accordance with the provisions of this Code. Provided, however, That
the sanggunian concerned may authorize the municipal treasurer to settle an
offense not involving the commission of fraud before a case therefor is filed in
court, upon payment of a compromise penalty of not less than Two hundred
pesos (P=200.00).

SEC. 149. Fishery Rentals, Fees and Charges . - (a) Municipalities shall have the
exclusive authority to grant fishery privileges in the municipal waters and impose
rentals, fees or charges therefor in accordance with the provisions of this Section.
(b) The sangguniang bayan may:

(1) Grant fishery privileges to erect fish corrals, oyster, mussels or other aquatic
beds or bangus fry areas, within a definite zone of the municipal waters, as
determined by it: Provided, however, That duly registered organizations and
cooperatives of marginal fishermen shall have the preferential right to such
fishery privileges: Provided, further, That the sangguniang bayan may require a
public bidding in conformity with and pursuant to an ordinance for the grant of
such privileges: Provided, finally, That in the absence of such organizations and
cooperatives or their failure to exercise their preferential right, other parties may
participate in the public bidding in conformity with the above cited procedure.

(2) Grant the privilege to gather, take or catch bangus fry, prawn fry or kawag-
kawag or fry of other species and fish from the municipal waters by nets, traps or
other fishing gears to marginal fishermen free of any rental, fee, charge or any
other imposition whatsoever.
65

 (3) Issue licenses for the operation of fishing vessels of three (3) tons or less for
which purpose the sangguniang bayan shall promulgate rules and regulations
regarding the issuances of such licenses to qualified applicants under existing
laws.

Provided, however, That the sanggunian concerned shall, by appropriate

ordinance, penalize the use of explosives, noxious or poisonous substances,
electricity, muro-ami, and other deleterious methods of fishing and prescribe a
criminal penalty therefor in accordance with the provisions of this Code:
Provided, finally, That the sanggunian concerned shall have the authority to
prosecute any violation of the provisions of applicable fishery laws.

SEC. 150. Situs of the Tax. - (a) For purposes of collection of the taxes under
Section 143 of this Code, manufacturers, assemblers, repackers, brewers,
distillers, rectifiers and compounders of liquor, distilled spirits and wines,
millers, producers, exporters, wholesalers, distributors, dealers, contractors,
banks and other financial institutions, and other businesses, maintaining or
operating branch or sales outlet elsewhere shall record the sale in the branch or
sales outlet making the sale or transaction, and the tax thereon shall accrue and
shall be paid to the municipality where such branch or sales outlet is located. In
cases where there is no such branch or sales outlet in the city or municipality
where the sale or transaction is made, the sale shall be duly recorded in the
principal office and the taxes due shall accrue and shall be paid to such city or
municipality.

(b) The following sales allocation shall apply to manufacturers, assemblers,

contractors, producers, and exporters with factories, project offices, plants, and
plantations in the pursuit of their business:

(1) Thirty percent (30%) of all sales recorded in the principal office shall be
taxable by the city or municipality where the principal office is located; and

(2) Seventy percent (70%) of all sales recorded in the principal office shall be
taxable by the city or city or municipality where the factory is located; and

(2) Forty percent (40%) to the city ormunicipality where the plantation is
located.

(d) In cases where a manufacturer, assembler, producer, exporter or contractor

has two (2) or more factories, project offices, plants, or plantations located in
different localities, the seventy percent (70%) sales allocation mentioned in
subparagraph (b) of subsection (2) above shall be prorated among the localities
where the factories, project offices, plants, and plantations are located in
proportion to their respective volumes of production during the period for which
the tax is due.

66

 (e) The foregoing sales allocation shall be applied irrespective of whether or not
sales are made in the locality where the factory, project office, plant, or plan is
located.

Article Three - Cities

SEC. 151. Scope of Taxing Powers. - Except as otherwise provided in this Code,
the city, may levy the taxes, fees, and charges which the province or municipality
may impose: Provided, however, That the taxes, fees and charges levied and
collected by highly urbanized and independent component cities shall accrue to
them and distributed in accordance with the provisions of this Code. The rates of
taxes that the city may levy may exceed the maximum rates allowed for the
province or municipality by not more than fifty percent (50%) except the rates of
professional and amusement taxes.

Article Four - Barangays

SEC. 152. Scope of Taxing Powers. - The barangays may levy taxes, fees, and
charges, as provided in this Article, which shall exclusively accrue to them:

(a) Taxes - On stores or retailers with fixed business establishments with gross
sales or receipts of the preceding calendar year of Fifty thousand pesos
(P=50,000.00) or less, in the case of cities and Thirty thousand pesos
(P=30,000.00) or less, in the case of municipalities, at a rate not exceeding one
percent (1%) on such gross sales or receipts.

(b) Service Fees or Charges - barangays may collect reasonable fees or charges for
services rendered in connection with the regulation or the use of barangay-owned
properties or service facilities such as palay, copra, or tobacco dryers.

(c) Barangay Clearance - No city or municipality may issue any license or permit
for any business or activity unless a clearance is first obtained from the barangay
where such business or activity is located or conducted. For such clearance, the
sangguniang barangay may impose a reasonable fee. The application for
clearance shall be acted upon within seven (7) working days from the filing
thereof. In the event that the clearance is not issued within the said period, the
city or municipality may issue the said license or permit.

(d) Other Fees and Charges - The barangay may levy reasonable fees and
charges:

(1) On commercial breeding of fighting cocks, cockfights and cockpits;

67

 (2) On places of recreation which charge admission fees; and

(3) On billboards, signboards, neon signs, and outdoor advertisements.

Article Five - Common Revenue-Raising Powers

SEC. 153. Service Fees and Charges. - Local government units may impose and
collect such reasonable fees and charges for services rendered.

SEC. 154. Public Utility Charges. - Local government units may fix the rates for
the operation of public utilities owned, operated and maintained by them within
their jurisdiction.

SEC. 155. Toll Fees or Charges. - The sanggunian concerned may prescribe the
terms and conditions and fix the rates for the imposition of toll fees or charges for
the use of any public road, pier or wharf, waterway, bridge, ferry or
telecommunication system funded and constructed by the local government unit
concerned: Provided, That no such toll fees or charges shall be collected from
officers and enlisted men of the Armed Forces of the Philippines and members of
the Philippine National Police on mission, post office personnel delivering mail,
physically-handicapped, and disabled citizens who are sixty-five (65) years or
older. When public safety and welfare so requires, the sanggunian concerned may
discontinue the collection of the tolls, and thereafter the said facility shall be free
and open for public use.

Article Six - Community Tax

SEC. 156. Community Tax. - Cities or municipalities may levy a community tax in
accordance with the provisions of this Article.

SEC. 157. Individuals Liable to Community Tax. - Every inhabitant of the

Philippines eighteen (18) years of age or over who has been regularly employed
on a wage or salary basis for at least thirty (30) consecutive working days during
any calendar year, or who is engaged in business or occupation, or who owns real
property with an aggregate assessed value of One thousand pesos (P=1,000.00)
or more, or who is required by law to file an income tax return shall pay an
annual community tax of Five pesos (P=5.00) and an annual additional tax of
One peso (P=1.00) for every One thousand pesos (P=1,000.00) of income
regardless of whether from business, exercise of profession or from property
which in no case shall exceed Five thousand pesos (P=5,000.00). In the case of
husband and wife, the additional tax herein imposed shall be based upon the total
property owned by them and the total gross receipts or earnings derived by them.

SEC. 158. Juridical Persons Liable to Community Tax. - Every corporation no

matter how created or organized, whether domestic or resident foreign, engaged
68

in or doing business in the Philippines shall pay an annual community tax of Five
hundred pesos (P=500.00) and an annual additional tax, which, in no case, shall
exceed Ten thousand pesos (P=10,000.00) in accordance with the following
schedule:

(1) For every Five thousand pesos (P=5,000.00) worth of real property in the
Philippines owned by it during the preceding year based on the valuation used for
the payment of the real property tax under existing laws, found in the assessment
rolls of the city or municipality where the real property is situated - Two pesos
(P=2.00); and

(2) For every Five thousand pesos (P=5,000.00) of gross receipts or earnings
derived by it from its business in the Philippines during the preceding year - Two
pesos (P=2.00). The dividends received by a corporation from another
corporation however shall, for the purpose of the additional tax, be considered as
part of the gross receipts or earnings of said corporation.

SEC. 159. Exemptions. - The following are exempt from the community tax:

(1) Diplomatic and consular representatives; and

(2) Transient visitors when their stay in the Philippines does not exceed three (3)
months.

SEC. 160. Place of Payment. - The community tax shall be paid in the place of
residence of the individual, or in the place where the principal office of the
juridical entity is located.

SEC. 161. Time for Payment; Penalties for Delinquency. - (a) The community tax
shall accrue on the first (1st) day of January of each year which shall be paid not
later than the last day of February of each year. If a person reaches the age of
eighteen (18) years or otherwise loses the benefit of exemption on or before the
last day of June, he shall be liable for the community tax on the day he reaches
such age or upon the day the exemption ends. However, if a person reaches the
age of eighteen (18) years or loses the benefit of exemption on or before the last
day of March, he shall have twenty (20) days to pay the community tax without
becoming delinquent. Persons who come to reside in the Philippines or reach the
age of eighteen (18) years on or after the first (1st) day of July of any year, or who
cease to belong to an exempt class on or after the same date, shall not be subject
to the community tax for that year.

(b) Corporations established and organized on or before the last day of June shall
be liable for the community tax for that year. But corporations established and
organized on or before the last day of March shall have twenty (20) days within
which to pay the community tax without becoming delinquent. Corporations
established and organized on or after the first day of July shall not be subject to
69

the community tax for that year. If the tax is not paid within the time prescribed
above, there shall be added to the unpaid amount an interest of twenty-four
percent (24%) per annum from the due date until it is paid.

SEC. 162. Community Tax Certificate. - A community tax certificate shall be

issued to every person or corporation upon payment of the community tax. A
community tax certificate may also be issued to any person or corporation not
subject to the community tax upon payment of One peso (P=1.00).

SEC. 163. Presentation of Community Tax Certificate On Certain Occasions. - (a)

When an individual subject to the community tax acknowledges any document
before a notary public, takes the oath of office upon election or appointment to
any position in the government service; receives any license, certificate, or permit
from any public authority; pays any tax or fee; receives any money from any
public fund; transacts other official business; or receives any salary or wage from
any person or corporation, it shall be the duty of any person, officer, or
corporation with whom such transaction is made or business done or from whom
any salary or wage is received to require such individual to exhibit the community
tax certificate. The presentation of community tax certificate shall not be required
in connection with the registration of a voter.

(b) When, through its authorized officers, any corporation subject to the
community tax receives any license, certificate, or permit from any public
authority, pays any tax or fee, receives money from public funds, or transacts
other official business, it shall be the duty of the public official with whom such
transaction is made or business done, to require such corporation to exhibit the
community tax certificate.

(c) The community tax certificate required in the two preceding paragraphs shall
be the one issued for the current year, except for the period from January until
the fifteenth (15th) of April each year, in which case, the certificate issued for the
preceding year shall suffice.

SEC. 164. Printing of Community Tax Certificates and Distribution of Proceeds. -

(a) The Bureau of Internal Revenue shall cause the printing of community tax
certificates and distribute the same to the cities and municipalities through the
city and municipal treasurers in accordance with prescribed regulations. The
proceeds of the tax shall accrue to the general funds of the cities, municipalities
and barangays except a portion thereof which shall accrue to the general fund of
the national government to cover the actual cost of printing and distribution of
the forms and other related expenses. The city or municipal treasurer concerned
shall remit to the national treasurer the said share of the national government in
the proceeds of the tax within ten (10) days after the end of each quarter.

70

 (b) The city or municipal treasurer shall deputize the barangay treasurer to
collect the community tax in their respective jurisdictions: Provided, however,
That said barangay treasurer shall be bonded in accordance with existing laws.

(c) The proceeds of the community tax actually and directly collected by the city
or municipal treasurer shall accrue entirely to the general fund of the city or
municipality concerned. However, proceeds of the community tax collected
through the barangay treasurers shall be apportioned as follows:

(1) Fifty percent (50%) shall accrue to the general fund of the city or municipality
concerned; and (2) Fifty percent (50%) shall accrue to the barangay where the tax
is collected.

CHAPTER 3 - COLLECTION OF TAXES

SEC. 165. Tax Period and Manner of Payment. - Unless otherwise provided in
this Code, the tax period of all local taxes, fees and charges shall be the calendar
year. Such taxes, fees and charges may be paid in quarterly installments.

SEC. 166. Accrual of Tax. - Unless otherwise provided in this Code, all local taxes,
fees, and charges shall accrue on the first (1st) day of January of each year.
However, new taxes, fees or charges, or changes in the rates thereof, shall accrue
on the first (1st) day of the quarter next following the effectivity of the ordinance
imposing such new levies or rates.

SEC. 167. Time of Payment. - Unless otherwise provided in this Code, all local
taxes, fees, and charges shall be paid within the first twenty (20) days of January
or of each subsequent quarter, as the case may be. The sanggunian concerned
may, for a justifiable reason or cause, extend the time for payment of such taxes,
fees, or charges without surcharges or penalties, but only for a period not
exceeding six (6) months .

SEC. 168. Surcharges and Penalties on Unpaid Taxes, Fees, or Charges. - The
sanggunian may impose a surcharge not exceeding twenty-five percent (25%) of
the amount of taxes, fees or charges not paid on time and an interest at the rate
not exceeding two percent (2%) per month of the unpaid taxes, fees or charges
including surcharges, until such amount is fully paid but in no case shall the total
interest on the unpaid amount or portion thereof exceed thirty-six (36) months.

SEC. 169. Interests on Other Unpaid Revenues. - Where the amount of any other
revenue due a local government unit, except voluntary contributions or
donations, is not paid on the date fixed in the ordinance, or in the contract,
expressed or implied, or upon the occurrence of the event which has given rise to
its collection, there shall be collected as part of that amount an interest thereon at
the rate not exceeding two percent (2%) per month from the date it is due until it
71

is paid, but in no case shall the total interest on the unpaid amount or a portion
thereof exceed thirty-six (36) months.

SEC. 170. Collection of Local Revenues by Treasurer. - All local taxes, fees, and
charges shall be collected by the provincial, city, municipal, or barangay
treasurer, or their duly authorized deputies. The provincial, city or municipal
treasurer may designate the barangay treasurer as his deputy to collect local
taxes, fees, or charges. In case a bond is required for the purpose, the provincial,
city or municipal government shall pay the premiums thereon in addition to the
premiums of bond that may be required under this Code.

SEC. 171. Examination of Books of Accounts and Pertinent Records of

Businessmen by Local Treasurer. - The provincial, city, municipal or barangay
treasurer may, by himself or through any of his deputies duly authorized in
writing, examine the books, accounts, and other pertinent records of any person,
partnership, corporation, or association subject to local taxes, fees and charges in
order to ascertain, assess, and collect the correct amount of the tax, fee, or charge.
Such examination shall be made during regular business hours, only once for
every tax period, and shall be certified to by the examining official. Such
certificate shall be made of record in the books of accounts of the taxpayer
examined. In case the examination herein authorized is made by a duly
authorized deputy of the local treasurer, the written authority of the deputy
concerned shall specifically state the name, address, and business of the taxpayer
whose books, accounts, and pertinent records are to be examined, the date and
place of such examination, and the procedure to be followed in conducting the
same. For this purpose, the records of the revenue district office of the Bureau of
Internal Revenue shall be made available to the local treasurer, his deputy or duly
authorized representative.

CHAPTER 4 - CIVIL REMEDIES FOR COLLECTION OF REVENUES

SEC. 172. Application of Chapter. - The provisions of this Chapter and the
remedies provided herein may be availed of for the collection of any elinquent
local tax, fee, charge, or other revenue.

SEC. 173. Local Government's Lien. - Local taxes, fees, charges and other
revenues constitute a lien, superior to all liens, charges or encumbrances in favor
of any person, enforceable by appropriate administrative or judicial action, not
only upon any property or rights therein which may be subject to the lien but also
upon property used in business, occupation, practice of profession or calling, or
exercise of privilege with respect to which the lien is imposed. The lien may only
be extinguished upon full payment of the elinquent local taxes fees and charges
including related surcharges and interest.

72

SEC. 174. Civil Remedies. - The civil remedies for the collection of local taxes,
fees, or charges, and related surcharges and interest resulting from delinquency
shall be:

(a) By administrative action thru distraint of goods, chattels, or effects, and other
personal property of whatever character, including stocks and other securities,
debts, credits, bank accounts, and interest in and rights to personal property, and
by levy upon real property and interest in or rights to real property; and

(b) By judicial action. Either of these remedies or all may be pursued

concurrently or simultaneously at the discretion of the local government unit
concerned.

SEC. 175. Distraint of Personal Property. - The remedy by distraint shall proceed
as follows:

(a) Seizure - Upon failure of the person owing any local tax, fee, or charge to pay
the same at the time required, the local treasurer or his deputy may, upon written
notice, seize or confiscate any personal property belonging to that person or any
personal property subject to the lien in sufficient quantity to satisfy the tax, fee, or
charge in question, together with any increment thereto incident to delinquency
and the expenses of seizure. In such case, the local treasurer or his deputy shall
issue a duly authenticated certificate based upon the records of his office showing
the fact of delinquencycy and the amounts of the tax, fee, or charge and penalty
due. Such certificate shall serve as sufficient warrant for the distraint of personal
property aforementioned, subject to the taxpayer's right to claim exemption
under the provisions of existing laws. Distrained personal property shall be sold
at public auction in the manner herein provided for.

(b) Accounting of distrained goods - The officer executing the distraint shall
make or cause to be made an account of the goods, chattels or effects distrained, a
copy of which signed by himself shall be left either with the owner or person from
whose possession the goods, chattels or effects are taken, or at the dwelling or
place of business of that person and with someone of suitable age and discretion,
to which list shall be added a statement of the sum demanded and a note of the
time and place of sale.

(c) Publication - The officer shall forthwith cause a notification to be exhibited in

not less than three (3) public and conspicuous places in the territory of the local
government unit where the distraint is made, specifying the time and place of
sale, and the articles distrained. The time of sale shall not be less than twenty (20)
days after notice to the owner or possessor of the property as above specified and
the publication or posting of the notice. One place for the posting of the notice
shall be at the office of the chief executive of the local government unit in which
the property is distrained.

73

(d) Release of distrained property upon payment prior to sale - If at any time
prior to the consummation of the sale, all the proper charges are paid to the
officer conducting the sale, the goods or effects distrained shall be restored to the
owner.

(e) Procedure of sale - At the time and place fixed in the notice, the officer
conducting the sale shall sell the goods or effects so distrained at public auction to
the highest bidder for cash. Within five (5) days after the sale, the local treasurer
shall make a report of the proceedings in writing to the local chief executive
concerned. Should the property distrained be not disposed of within one hundred
and twenty (120) days from the date of distraint, the same shall be considered as
sold to the local government unit concerned for the amount of the assessment
made thereon by the Committee on Appraisal and to the extent of the same
amount, the tax delinquencies shall be cancelled. Said Committee on Appraisal
shall be composed of the city or municipal treasurer as chairman, with a
representative of the Commission on Audit and the city or municipal assessor as
members.

(f) Disposition of proceeds - The proceeds of the sale shall be applied to satisfy
the tax, including the surcharges, interest, and other penalties incident to
delinquency, and the expenses of the distraint and sale. The balance over and
above what is required to pay the entire claim shall be returned to the owner of
the property sold. The expenses chargeable upon the seizure and sale shall
embrace only the actual expenses of seizure and preservation of the property
pending the sale, and no charge shall be imposed for the services of the local
officer or his deputy. Where the proceeds of the sale are insufficient to satisfy the
claim, other property may, in like manner, be distrained until the full amount
due, including all

SEC. 176. Levy on Real Property . - After the expiration of the time required to
pay the delinquent tax, fee, or charge, real property may be levied on before,
simultaneously, or after the distraint of personal property belonging to the
delinquent taxpayer. To this end, the provincial, city or municipal treasurer, as
the case may be, shall prepare a duly authenticated certificate showing the name
of the taxpayer and the amount of the tax, fee, or charge, and penalty due from
him. Said certificate shall operate with the force of a legal execution throughout
the Philippines. Levy shall be effected by writing upon said certificate the
description of the property upon which levy is made. At the same time, written
notice of the levy shall be mailed to or served upon the assessor and the Registrar
of Deeds of the province or city where the property is located who shall annotate
the levy on the tax declaration and certificate of title of the property, respectively,
and the delinquent taxpayer or, if he be absent from the Philippines, to his agent
or the manager of the business in respect to which the liability arose, or if there be
none, to the occupant of the property in question. In case the levy on real
property is not issued before or simultaneously with the warrant of distraint on
personal property, and the personal property of the taxpayer is not sufficient to
74

satisfy his delinquency, the provincial, city or municipal treasurer, as the case
may be, shall within thirty (30) days after execution of the distraint, proceed with
the levy on the taxpayer's real property. A report on any levy shall, within ten (10)
days after receipt of the warrant, be submitted by the levying officer to the
sanggunian concerned.

SEC. 177. Penalty for Failure to Issue and Execute Warrant. - Without prejudice
to criminal prosecution under the Revised Penal Code and other applicable laws,
any local treasurer who fails to issue or execute the warrant of distraint or levy
after the expiration of the time prescribed, or who is found guilty of abusing the
exercise thereof by competent authority shall be automatically dismissed from the
service after due notice and hearing.

SEC. 178. Advertisement and Sale. - Within thirty (30) days after levy, the local
treasurer shall proceed to publicly advertise for sale or auction the property or a
usable portion thereof as may be necessary to satisfy the claim and cost of sale;
and such advertisement shall cover a period of at least thirty (30) days. It shall be
effected by posting a notice at the main entrance of the municipal building or city
hall, and in a public and conspicuous place in the barangay where the real
property is located, and by publication once a week for three (3) weeks in a
newspaper of general circulation in the province, city or municipality where the
property is located. The advertisement shall contain the amount of taxes, fees or
charges, and penalties due thereon, and the time and place of sale, the name of
the taxpayer against whom the taxes, fees, or charges are levied, and a short
description of the property to be sold. At any time before the date fixed for the
sale, the taxpayer may stay the proceedings by paying the taxes, fees, charges,
penalties and interests. If he fails to do so, the sale shall proceed and shall be held
either at the main entrance of the provincial, city or municipal building, or on the
property to be sold, or at any other place as determined by the local treasurer
conducting the sale and specified in the notice of sale. Within thirty (30) days
after the sale, the local treasurer or his deputy shall make a report of the sale to
the sanggunian concerned, and which shall form part of his records. After
consultation with the sanggunian, the local treasurer shall make and deliver to
the purchaser a certificate of sale, showing the proceedings of the sale, describing
the property sold, stating the name of the purchaser and setting out the exact
amount of all taxes, fees, charges, and related surcharges, interests, or penalties:
Provided, however, That any excess in the proceeds of the sale over the claim and
cost of sales shall be turned over to the owner of the property. The local treasurer
may, by ordinance duly approved, advance an amount sufficient to defray the
costs of collection by means of the remedies provided for in this Title, including
the preservation or transportation in case of personal property, and the
advertisement and subsequent sale, in cases of personal and real property
including improvements thereon.

SEC. 179. Redemption of Property Sold. - Within one (1) year from the date of
sale, the delinquent taxpayer or his representative shall have the right to redeem
75

the property upon payment to the local treasurer of the total amount of taxes,
fees, or charges, and related surcharges, interests or penalties from the date of
delinquency to the date of sale, plus interest of not more than two percent (2%)
per month on the purchase price from the date of purchase to the date of
redemption. Such payment shall invalidate the certificate of sale issued to the
purchaser and the owner shall be entitled to a certificate of redemption from the
provincial, city or municipal treasurer or his deputy. The provincial, city or
municipal treasurer or his deputy, upon surrender by the purchaser of the
certificate of sale previously issued to him, shall forthwith return to the latter the
entire purchase price paid by him plus the interest of not more than two percent
(2%) per month herein provided for, the portion of the cost of sale and other
legitimate expenses incurred by him, and said property thereafter shall be free
from the lien of such taxes, fees, or charges, related surcharges, interests, and
penalties. The owner shall not, however, be deprived of the possession of said
property and shall be entitled to the rentals and other income thereof until the
expiration of the time allowed for its redemption.

SEC. 180. Final Deed to Purchaser. - In case the taxpayer fails to redeem the
property as provided herein, the local treasurer shall execute a deed conveying to
the purchaser so much of the property as has been sold, free from liens of any
taxes, fees, charges, related surcharges, interests, and penalties. The deed shall
succintly recite all the proceedings upon which the validity of the sale depends.

SEC. 181. Purchase of Property By the Local Government Units for Want of
Bidder. - In case there is no bidder for the real property advertised for sale as
provided herein, or if the highest bid is for an amount insufficient to pay the
taxes, fees, or charges, related surcharges, interests, penalties and costs, the local
treasurer conducting the sale shall purchase the property in behalf of the local
government unit concerned to satisfy the claim and within two (2) days thereafter
shall make a report of his proceedings which shall be reflected upon the records
of his office. It shall be the duty of the Registrar of Deeds concerned upon
registration with his office of any such declaration of forfeiture to transfer the title
of the forfeited property to the local government unit concerned without the
necessity of an order from a competent court. Within one (1) year from the date of
such forfeiture, the taxpayer or any of his representative, may redeem the
property by paying to the local treasurer the full amount of the taxes, fees,
charges, and related surcharges, interests, or penalties, and the costs of sale. If
the property is not redeemed as provided herein, the ownership thereof shall be
fully vested on the local government unit concerned.

SEC. 182. Resale of Real Estate Taken for Taxes, Fees, or Charges. - The
sanggunian concerned may, by ordinance duly approved, and upon notice of not
less than twenty (20) days, sell and dispose of the real property acquired under
the preceding section at public auction. The proceeds of the sale shall accrue to
the general fund

76

SEC. 183. Collection of Delinquent Taxes, Fees, Charges or other Revenues

through Judicial Action. - The local government unit concerned may enforce the
collection of delinquent taxes, fees, charges or other revenues by civil action in
any court of competent jurisdiction. The civil action shall be filed by the local
treasurer within the period prescribed in Section 194 of this Code.

SEC. 184. Further Distraint or Levy. - The remedies by distraint and levy may be
repeated if necessary until the full amount due, including all expenses, is
collected.

SEC. 185. Personal Property Exempt from Distraint or Levy. - The following
property shall be exempt from distraint and the levy, attachment or execution
thereof for delinquency in the payment of any local tax, fee or charge, including
the related surcharge and interest:

(a) Tools and the implements necessarily used by the delinquent taxpayer in his
trade or employment;

(b) One (1) horse, cow, carabao, or other beast of burden, such as the delinquent
taxpayer may select, and necessarily used by him in his ordinary occupation;

(c) His necessary clothing, and that of all his family;

(d) Household furniture and utensils necessary for housekeeping and used for
that purpose by the delinquent taxpayer, such as he may select, of a value not
exceeding Ten thousand pesos (P=10,000.00);

(e) Provisions, including crops, actually provided for individual or family use
sufficient for four (4) months;

(f) The professional libraries of doctors, engineers, lawyers and judges;

(g) One fishing boat and net, not exceeding the total value of Ten thousand pesos
(P=10,000.00), by the lawful use of which a fisherman earns his livelihood; and

(h) Any material or article forming part of a house or improvement of any real
property.

CHAPTER 5 - MISCELLANEOUS PROVISIONS

SEC. 186. Power To Levy Other Taxes, Fees or Charges. - Local government units
may exercise the power to levy taxes, fees or charges on any base or subject not
otherwise specifically enumerated herein or taxed under the provisions of the
National Internal Revenue Code, as amended, or other applicable laws: Provided,
That the taxes, fees, or charges shall not be unjust, excessive, oppressive,
confiscatory or contrary to declared national policy: Provided, further, That the
77

ordinance levying such taxes, fees or charges shall not be enacted without any
prior public hearing conducted for the purpose.

SEC. 187. Procedure for Approval and Effectivity of Tax ordinances and
Revenue Measures; Mandatory Public Hearings. - The procedure for approval of
local tax ordinances and revenue measures shall be in accordance with the
provisions of this Code: Provided, That public hearings shall be conducted for the
purpose prior to the enactment thereof: Provided, further, That any question on
the constitutionality or legality of tax ordinances or revenue measures may be
raised on appeal within thirty (30) days from the effectivity thereof to the
Secretary of Justice who shall render a decision within sixty (60) days from the
date of receipt of the appeal: Provided, however, That such appeal shall not have
the effect of suspending the effectivity of the ordinance and the accrual and
payment of the tax, fee, or charge levied therein: Provided, finally, That within
thirty (30) days after receipt of the decision or the lapse of the sixty-day period
without the Secretary of Justice acting upon the appeal, the aggrieved party may
file appropriate proceedings with a court of competent jurisdiction.

SEC. 188. Publication of Tax ordinances and Revenue Measures. - Within ten
(10) days after their approval, certified true copies of all provincial, city, and
municipal tax ordinances or revenue measures shall be published in full for three
(3) consecutive days in a newspaper of local circulation: Provided, however, That
in provinces, cities and municipalities where there are no newspapers of local
circulation, the same may be posted in at least two (2) conspicuous and publicly
accessible places.

SEC. 189. Furnishing of Copies of Tax ordinances and Revenue Measures. -

Copies of all provincial, city, and municipal and barangay tax ordinances and
revenue measures shall be furnished the respective local treasurers for public
dissemination.

SEC. 190. Attempt to Enforce Void or Suspended Tax ordinances and revenue
measures. - The enforcement of any tax ordinance or revenue measure after due
notice of the disapproval or suspension thereof shall be sufficient ground for
administrative disciplinary action against the local officials and employees
responsible therefor.

SEC. 191. Authority of Local Government Units to Adjust Rates of Tax

ordinances. - Local government units shall have the authority to adjust the tax
rates as prescribed herein not oftener than once every five (5) years, but in no
case shall such adjustment exceed ten percent (10%) of the rates fixed under this
Code.

SEC. 192. Authority to Grant Tax Exemption Privileges. - Local government

units may, through ordinances duly approved, grant tax exemptions, incentives or
reliefs under such terms and conditions as they may deem necessary.
78

SEC. 193. Withdrawal of Tax Exemption Privileges. - Unless otherwise provided

in this Code, tax exemptions or incentives granted to, or presently enjoyed by all
persons, whether natural or juridical, including government-owned or -controlled
corporations, except local water districts, cooperatives duly registered under R.A.
No. 6938, non-stock and non-profit hospitals and educational institutions, are
hereby withdrawn upon the effectivity of this Code.

CHAPTER 6 - TAXPAYER'S REMEDIES

SEC. 194. Periods of Assessment and Collection. - (a) Local taxes, fees, or charges
shall be assessed within five (5) years from the date they became due. No action
for the collection of such taxes, fees, or charges, whether administrative or
judicial, shall be instituted after the expiration of such period: Provided, That,
taxes, fees or charges which have accrued before the effectivity of this Code may
be assessed within a period of three (3) years from the date they became due.

(b) In case of fraud or intent to evade the payment of taxes, fees, or charges, the
same may be assessed within ten (10) years from discovery of the fraud or intent
to evade payment.

(c) Local taxes, fees, or charges may be collected within five (5) years from the
date of assessment by administrative or judicial action. No such action shall be
instituted after the expiration of said period: Provided, however, That, taxes, fees
or charges assessed before the effectivity of this Code may be collected within a
period of three (3) years from the date of assessment.

(d) The running of the periods of prescription provided in the preceding

paragraphs shall be suspended for the time during which:

(1) The treasurer is legally prevented from making the assessment of collection;

(2) The taxpayer requests for a reinvestigation and executes a waiver in writing
before expiration of the period within which to assess or collect; and

(3) The taxpayer is out of the country or otherwise cannot be located.

SEC. 195. Protest of Assessment. - When the local treasurer or his duly authorized
representative finds that correct taxes, fees, or charges have not been paid, he
shall issue a notice of assessment stating the nature of the tax, fee or charge, the
amount of deficiency, the surcharges, interests and penalties. Within sixty (60)
days from the receipt of the notice of assessment, the taxpayer may file a written
protest with the local treasurer contesting the assessment; otherwise, the
assessment shall become final and executory. The local treasurer shall decide the
protest within sixty (60) days from the time of its filing. If the local treasurer
finds the protest to be wholly or partly meritorious, he shall issue a notice
canceling wholly or partially the assessment. However, if the local treasurer finds
79

the assessment to be wholly or partly correct, he shall deny the protest wholly or
partly with notice to the taxpayer. The taxpayer shall have thirty (30) days from
the receipt of the denial of the protest or from the lapse of the sixty (60) day
period prescribed herein within which to appeal with the court of competent
jurisdiction otherwise the assessment becomes conclusive and unappealable.

SEC. 196. Claim for Refund of Tax Credit. - No case or proceeding shall be
maintained in any court for the recovery of any tax, fee, or charge erroneously or
illegally collected until a written claim for refund or credit has been filed with the
local treasurer. No case or proceeding shall be entertained in any court after the
expiration of two (2) years from the date of the payment of such tax, fee, or
charge, or from the date the taxpayer is entitled to a refund or credit.

TITLE II. REAL PROPERTY TAXATION

CHAPTER 1 - GENERAL PROVISIONS

SEC. 197. Scope. - This Title shall govern the administration, appraisal,
assessment, levy and collection of real property tax.

SEC. 198. Fundamental Principles. - The appraisal, assessment, levy and

collection of real property tax shall be guided by the following fundamental
principles:

(a) Real property shall be appraised at its current and fair market value;

(b) Real property shall be classified for assessment purposes on the basis of its
actual use;

(c) Real property shall be assessed on the basis of a uniform classification within
each local government unit;

(d) The appraisal, assessment, levy and collection of real property tax shall not be
let to any private person; and

(e) The appraisal and assessment of real property shall be equitable.

SEC. 199. Definitions. - When used in this Title: (a) "Acquisition Cost" for newly-
acquired machinery not yet depreciated and appraised within the year of its
purchase, refers to the actual cost of the machinery to its present owner, plus the
cost of transportation, handling, and installation at the present site;

(b) "Actual Use" refers to the purpose for which the property is principally or
predominantly utilized by the person in possession thereof;

80

(c) "Ad Valorem Tax" is a levy on real property determined on the basis of a fixed
proportion of the value of the property;

(d) "Agricultural Land" is land devoted principally to the planting of trees, raising
of crops, livestock and poultry, dairying, salt making, inland fishing and similar
aquacultural activities, and other agricultural activities, and is not classified as
mineral, timber, residential, commercial or industrial land;

(e) "Appraisal" is the act or process of determining the value of property as of a

specific date for a specific purpose;

(f) "Assessment" is the act or process of determining the value of a property, or

proportion thereof subject to tax, including the discovery, listing, classification,
and appraisal of properties;

(g) "Assessment Level" is the percentage applied to the fair market value to
determine the taxable value of the property;

(h) "Assessed Value" is the fair market value of the real property multiplied by
the assessment level. It is synonymous to taxable value;

(i) "Commercial Land" is land devoted principally for the object of profit and is
not classified as agricultural, industrial, mineral, timber, or residential land;

(j) "Depreciated Value" is the value remaining after deducting depreciation from
the acquisition cost;

(k) "Economic Life" is the estimated period over which it is anticipated that a
machinery or equipment may be profitably utilized;

(l) "Fair Market Value" is the price at which a property may be sold by a seller
who is not compelled to sell and bought by a buyer who is not compelled to buy;

(m) "Improvement" is a valuable addition made to a property or an amelioration

in its condition, amounting to more than a mere repair or replacement of parts
involving capital expenditures and labor, which is intended to enhance its value,
beauty or utility or to adapt it for new or further purposes;

(n) "Industrial Land" is land devoted principally to industrial activity as capital

investment and is not classified as agricultural, commercial, timber, mineral or
residential land;

(o) "Machinery" embraces machines, equipment, mechanical contrivances,

instruments, appliances or apparatus which may or may not be attached,
permanently or temporarily, to the real property. It includes the physical facilities
for production, the installations and appurtenant service facilities, those which
are mobile, self-powered or self-propelled, and those not permanently attached to
81

the real property which are actually, directly, and exclusively used to meet the
needs of the particular industry, business or activity and which by their very
nature and purpose are designed for, or necessary to its manufacturing, mining,
logging, commercial, industrial or agricultural purposes;

(p) "Mineral Lands" are lands in which minerals, metallic or non-metallic, exist
in sufficient quantity or grade to justify the necessary expenditures to extract and
utilize such materials;

(q) "Reassessment" is the assigning of new assessed values to property,

particularly real estate, as the result of a general, partial, or individual reappraisal
of the property;

(r) "Remaining Economic Life" is the period of time expressed in years from the
date of appraisal to the date when the machinery becomes valueless;

(s) "Remaining Value" is the value corresponding to the remaining useful life of
the machinery;

(t) "Replacement or Reproduction Cost" is the cost that would be incurred on the
basis of current prices, in acquiring an equally desirable substitute property, or
the cost of reproducing a new replica of the property on the basis of current prices
with the same or closely similar material; and

(u) "Residential Land" is land principally devoted to habitation.

Sec. 200. Administration of the Real Property Tax. - The provinces and cities,
including the municipalities within the Metropolitan Manila Area, shall be
primarily responsible for the proper, efficient and effective administration of the
real property tax.

CHAPTER 2 - APPRAISAL AND ASSESSMENT OF REAL PROPERTY

SEC. 201. Appraisal of Real Property. - All real property, whether taxable or
exempt, shall be appraised at the current and fair market value prevailing in the
locality where the property is situated. The Department of Finance shall
promulgate the necessary rules and regulations for the classification, appraisal,
and assessment of real property pursuant to the provisions of this Code.

SEC. 202. Declaration of Real Property by the Owner or Administrator. - It shall

be the duty of all persons, natural or juridical, owning or administering real
property, including the improvements therein, within a city or municipality, or
their duly authorized representative, to prepare, or cause to be prepared, and file
with the provincial, city or municipal assessor, a sworn statement declaring the
true value of their property, whether previously declared or undeclared, taxable

82

or exempt, which shall be the current and fair market value of the property, as
determined by the declarant. Such declaration shall contain a description of the
property sufficient in detail to enable the assessor or his deputy to identify the
same for assessment purposes. The sworn declaration of real property herein
referred to shall be filed with the assessor concerned once every three (3) years
during the period from January first (1st) to June thirtieth (30th) commencing
with the calendar year 1992.

SEC. 203. Duty of Person Acquiring Real Property or Making Improvement

Thereon. - It shall also be the duty of any person, or his authorized
representative, acquiring at any time real property in any municipality or city or
making any improvement on real property, to prepare, or cause to be prepared,
and file with the provincial, city or municipal assessor, a sworn statement
declaring the true value of subject property, within sixty (60) days after the
acquisition of such property or upon completion or occupancy of the
improvement, whichever comes earlier.

SEC. 204. Declaration of Real Property by the Assessor. - When any person,
natural or juridical, by whom real property is required to be declared under
Section 202 hereof, refuses or fails for any reason to make such declaration
within the time prescribed, the provincial, city or municipal assessor shall himself
declare the property in the name of the defaulting owner, if known, or against an
unknown owner, as the case may be, and shall assess the property for taxation in
accordance with the provision of this Title. No oath shall be required of a
declaration thus made by the provincial, city or municipal assessor.

SEC. 205. Listing of Real Property in the Assessment Rolls. - (a) In every
province and city, including the municipalities within the Metropolitan Manila
Area, there shall be prepared and maintained by the provincial, city or municipal
assessor an assessment roll wherein shall be listed all real property, whether
taxable or exempt, located within the territorial jurisdiction of the local
government unit concerned. Real property shall be listed, valued and assessed in
the name of the owner or administrator, or anyone having legal interest in the
property.

(b) The undivided real property of a deceased person may be listed, valued and
assessed in the name of the estate or of the heirs and devisees without designating
them individually; and undivided real property other than that owned by a
deceased may be listed, valued and assessed in the name of one or more co-
owners: Provided, however, That such heir, devisee, or co-owner shall be liable
severally and proportionately for all obligations imposed by this Title and the
payment of the real property tax with respect to the undivided property.

(c) The real property of a corporation, partnership, or association shall be listed,

valued and assessed in the same manner as that of an individual.

83

 (d) Real property owned by the Republic of the Philippines, its instrumentalities
and political subdivisions, the beneficial use of which has been granted, for
consideration or otherwise, to a taxable person, shall be listed, valued and
assessed in the name of the possessor, grantee or of the public entity if such
property has been acquired or held for resale or lease.

SEC. 206. Proof of Exemption of Real Property from Taxation. - Every person by
or for whom real property is declared, who shall claim tax exemption for such
property under this Title shall file with the provincial, city or municipal assessor
within thirty (30) days from the date of the declaration of real property sufficient
documentary evidence in support of such claim including corporate charters, title
of ownership, articles of incorporation, bylaws, contracts, affidavits, certifications
and mortgage deeds, and similar documents. If the required evidence is not
submitted within the period herein prescribed, the property shall be listed as
taxable in the assessment roll. However, if the property shall be proven to be tax
exempt, the same shall be dropped from the assessment roll.

SEC. 207. Real Property Identification System. - All declarations of real property
made under the provisions of this Title shall be kept and filed under a uniform
classification system to be established by the provincial, city or municipal
assessor.

SEC. 208. Notification of Transfer of Real Property Ownership. - Any person

who shall transfer real property ownership to another shall notify the provincial,
city or municipal assessor concerned within sixty (60) days from the date of such
transfer. The notification shall include the mode of transfer, the description of the
property alienated, the name and address of the transferee.

SEC. 209. Duty of Registrar of Deeds to Apprise Assessor of Real Property

Listed in Registry. - (a) To ascertain whether or not any real property entered in
the Registry of Property has escaped discovery and listing for the purpose of
taxation, the Registrar of Deeds shall prepare and submit to the provincial, city or
municipal assessor, within six (6) months from the date of effectivity of this Code
and every year thereafter, an abstract of his registry, which shall include brief but
sufficient description of the real properties entered therein, their present owners,
and the dates of their most recent transfer or alienation accompanied by copies of
corresponding deeds of sale, donation, or partition or other forms of alienation.

(b) It shall also be the duty of the Registrar of Deeds to require every person who
shall present for registration a document of transfer, alienation, or encumbrance
of real property to accompany the same with a certificate to the effect that the real
property subject of the transfer, alienation, or encumbrance, as the case may be,
has been fully paid of all real property taxes due thereon. Failure to provide such
certificate shall be a valid cause for the Registrar of Deeds to refuse the
registration of the document.

84

SEC. 210. Duty of Official Issuing Building Permit or Certificate of Registration

of Machinery to Transmit Copy to Assessor. - Any public official or employee
who may now or hereafter be required by law or regulation to issue to any person
a permit for the construction, addition, repair, or renovation of a building, or
permanent improvement on land, or a certificate of registration for any
machinery, including machines, mechanical contrivances, and apparatus attached
or affixed on land or to another real property, shall transmit a copy of such permit
or certificate within thirty (30) days of its issuance, to the assessor of the
province, city or municipality where the property is situated.

SEC. 211. Duty of Geodetic Engineers to Furnish Copy of Plans to Assessor. - It

shall be the duty of all geodetic engineers, public or private, to furnish free of
charge to the assessor of the province, city or municipality where the land is
located with a white or blue print copy of each of all approved original or
subdivision plans or maps of surveys executed by them within thirty (30) days
from receipt of such plans from the Lands Management Bureau, the Land
Registration Authority, or the Housing and Land Use Regulatory Board, as the
case may be.

SEC. 212. Preparation of Schedule of Fair Market Values. - Before any general
revision of property assessment is made pursuant to the provisions of this Title,
there shall be prepared a schedule of fair market values by the provincial, city and
the municipal assessors of the municipalities within the Metropolitan Manila
Area for the different classes of real property situated in their respective local
government units for enactment by ordinance of the sanggunian concerned. The
schedule of fair market values shall be published in a newspaper of general
circulation in the province, city or municipality concerned, or in the absence
thereof, shall be posted in the provincial capitol, city or municipal hall and in two
other conspicuous public places therein.

SEC. 213. Authority of Assessor to Take Evidence. - For the purpose of obtaining
information on which to base the market value of any real property, the assessor
of the province, city or municipality or his deputy may summon the owners of the
properties to be affected or persons having legal interest therein and witnesses,
administer oaths, and take deposition concerning the property, its ownership,
amount, nature, and value.

SEC. 214. Amendment of Schedule of Fair Market Values. - The provincial, city or
municipal assessor may recommend to the sanggunian concerned amendments to
correct errors in valuation in the schedule of fair market values. The sanggunian
concerned shall, by ordinance, act upon the recommendation within ninety (90)
days from receipt thereof.

SEC. 215. Classes of Real Property for Assessment Purposes. - For purposes of
assessment, real property shall be classified as residential, agricultural,
commercial, industrial, mineral, timberland or special. The city or municipality
85

within the Metropolitan Manila Area, through their respective sanggunian, shall
have the power to classify lands as residential, agricultural, commercial,
industrial, mineral, timberland, or special in accordance with their zoning
ordinances.

SEC. 216. Special Classes of Real Property. - All lands, buildings, and other
improvements thereon actually, directly and exclusively used for hospitals,
cultural, or scientific purposes, and those owned and used by local water districts,
and government-owned or -controlled corporations rendering essential public
services in the supply and distribution of water and/or generation and
transmission of electric power shall be classified as special.

SEC. 217. Actual Use of Real Property as Basis for Assessment. - Real property
shall be classified, valued and assessed on the basis of its actual use regardless of
where located, whoever owns it, and whoever uses it.

SEC. 218. Assessment Levels. - The assessment levels to be applied to the fair
market value of real property to determine its assessed value shall be fixed by
ordinances of the sangguniang panlalawigan, sangguniang panlungsod or
sangguniang bayan of a municipality within the Metropolitan Manila Area, at the
rates not exceeding the following:

(a) On Lands:

CLASS ASSESSMENT LEVELS

Residential 20%

Agricultural 40%

Commercial 50%

Industrial 50%

Mineral 50%

Timberland 20%

(b) On Buildings and Other Structures:

(1)Residential

86

 Fair Market Value

Over Not Over Assessment Levels

P 175,000.00 0%

P 175,000.00 300,000.00 10%

300,000.00 500,000.00 20%

500,000.00 750,000.00 25%

750,000.00 1,000,000.00 30%

1,000,000.00 2,000,000.00 35%

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

5,000,000.00 10,000.000.00 50%

10,000,000.00 60%

(2) Agricultural

Fair Market Value

Over Not Over Assessment Levels

P 300,000.00 25%

300,000.00 500,000.00 30%

500,000.00 750,000.00 35%

750,000.00 1,000,000.00 40%

87

1,000,000.00 2,000,000.00 45%

2,000,000.00 50%

(3) Commercial / Industrial

Fair Market Value

Over Not Over Assessment Levels

P 300,000.00 30%

P 300,000.00 500,000.00 35%

500,000.00 750,000.00 40%

750,000.00 1,000,000.00 50%

1,000,000.00 2,000,000.00 60%

2,000,000.00 5,000,000.00 70%

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

10,000,000.00 80%

(4)Timber land

Fair Market Value

Over Not Over Assessment Levels

P 300,000.00 45%

P 300,000.00 500,000.00 50%

88

 500,000.00 750,000.00 55%

750,000.00 1,000,000.00 60%

1,000,000.00 2,000,000.00 65%

2,000,000.0 70%

(c) On Machineries

Class Assessment Levels

Agricultural 40%

Residential 50%

Commercial 80%

Industrial 80%
(d) On Special Classes: The assessment levels for all lands, buildings, machineries
and other improvements;

Actual Use Assessment Level

Cultural 15%

Scientific 15%

Hospital 15%

local water districts 10%

Government-owned or

controlled corporations

engaged in the supply and

distribution of water and/or

89

 generation and transmission of

electric power 10%

SEC. 219. General Revision of assessments and Property Classification. - The

provincial, city or municipal assessor shall undertake a general revision of real
property assessments within two (2) years after the effectivity of this Code and
every three (3) years thereafter.

SEC. 220. Valuation of Real Property. - In cases where (a) real property is
declared and listed for taxation purposes for the first time; (b) there is an ongoing
general revision of property classification and assessment; or (c) a request is
made by the person in whose name the property is declared, the provincial, city or
municipal assessor or his duly authorized deputy shall, in accordance with the
provisions of this Chapter, make a classification, appraisal and assessment of the
real property listed and described in the declaration irrespective of any previous
assessment or taxpayer's valuation thereon: Provided, however, That the
assessment of real property shall not be increased oftener than once every three
(3) years except in case of new improvements substantially increasing the value of
said property or of any change in its actual use.

SEC. 221. Date of Effectivity of Assessment or Reassessment. - All assessments or

reassessments made after the first (1st) day of January of any year shall take
effect on the first (1st) day of January of the succeeding year: Provided, however,
That the reassessment of real property due to its partial or total destruction, or to
a major change in its actual use, or to any great and sudden inflation or deflation
of real property values, or to the gross illegality of the assessment when made or
to any other abnormal cause, shall be made within ninety (90) days from the date
any such cause or causes occurred, and shall take effect at the beginning of the
quarter next following the reassessment.

SEC. 222. assessment of Property Subject to Back Taxes. - Real property declared
for the first time shall be assessed for taxes for the period during which it would
have been liable but in no case for more than ten (10) years prior to the date of
initial assessment: Provided, however, That such taxes shall be computed on the
basis of the applicable schedule of values in force during the corresponding
period. If such taxes are paid on or before the end of the quarter following the
date the notice of assessment was received by the owner or his representative, no
interest for delinquency shall be imposed thereon; otherwise, such taxes shall be
subject to an interest at the rate of two percent (2%) per month or a fraction
thereof from the date of the receipt of the assessment until such taxes are fully
paid.

SEC. 223. Notification of New or Revised Assessment. - When real property is

assessed for the first time or when an existing assessment is increased or
decreased, the provincial, city or municipal assessor shall within thirty (30) days
90

give written notice of such new or revised assessment to the person in whose
name the property is declared. The notice may be delivered personally or by
registered mail or through the assistance of the punong barangay to the last
known address of the person to be served.

SEC. 224. Appraisal and Assessment of Machinery. - (a) The fair market value of
a brand-new machinery shall be the acquisition cost. In all other cases, the fair
market value shall be determined by dividing the remaining economic life of the
machinery by its estimated economic life and multiplied by the replacement or
reproduction cost.

(b) If the machinery is imported, the acquisition cost includes freight, insurance,
bank and other charges, brokerage, arrastre and handling, duties and taxes, plus
cost of inland transportation, handling, and installation charges at the present
site. The cost in foreign currency of imported machinery shall be converted to
peso cost on the basis of foreign currency exchange rates as fixed by the Central
Bank.

SEC. 225. Depreciation Allowance for Machinery. - For purposes of assessment,

a depreciation allowance shall be made for machinery at a rate not exceeding five
percent (5%) of its original cost or its replacement or reproduction cost, as the
case may be, for each year of use: Provided, however, That the remaining value
for all kinds of machinery shall be fixed at not less than twenty percent (20%) of
such original, replacement, or reproduction cost for so long as the machinery is
useful and in operation.

CHAPTER 3 - ASSESSMENT APPEALS

SEC. 226. Local Board of Assessment Appeals. - Any owner or person having
legal interest in the property who is not satisfied with the action of the provincial,
city or municipal assessor in the assessment of his property may, within sixty (60)
days from the date of receipt of the written notice of assessment, appeal to the
Board of Assessment appeals of the province or city by filing a petition under oath
in the form prescribed for the purpose, together with copies of the tax
declarations and such affidavits or documents submitted in support of the appeal.

SEC. 227. Organization, Powers, Duties, and Functions of the Local Board of
Assessment Appeals. - (a) The Board of Assessment appeals of the province or
city shall be composed of the Registrar of Deeds, as Chairman, the provincial or
city prosecutor and the provincial, or city engineer as members, who shall serve
as such in an ex officio capacity without additional compensation.

(b) The chairman of the Board shall have the power to designate any employee of
the province or city to serve as secretary to the Board also without additional
compensation.
91

(c) The chairman and members of the Board of Assessment appeals of the
province or city shall assume their respective positions without need of further
appointment or special designation immediately upon effectivity of this Code.
They shall take an oath or affirmation of office in the prescribed form.

(d) In provinces and cities without a provincial or city engineer, the district
engineer shall serve as member of the Board. In the absence of the Registrar of
Deeds, or the provincial or city prosecutor, or the provincial or city engineer, or
the district engineer, the persons performing their duties, whether in an acting
capacity or as a duly designated officer-in-charge, shall automatically become the
chairman or member, respectively, of the said Board, as the case may be.

SEC. 228. Meetings and Expenses of the Local Board of Assessment Appeals. -
(a) The Board of Assessment appeals of the province or city shall meet once a
month and as often as may be necessary for the prompt disposition of appealed
cases. No member of the Board shall be entitled to per diems or traveling
expenses for his attendance in Board meetings, except when conducting an ocular
inspection in connection with a case under appeal.

(b) All expenses of the Board shall be charged against the general fund of the
province or city, as the case may be. The sanggunian concerned shall appropriate
the necessary funds to enable the Board in their respective localities to operate
effectively.

SEC. 229. Action by the Local Board of Assessment appeals. - (a) The Board shall
decide the appeal within one hundred twenty (120) days from the date of receipt
of such appeal. The Board, after hearing, shall render its decision based on
substantial evidence or such relevant evidence on record as a reasonable mind
might accept as adequate to support the conclusion.

(b) In the exercise of its appellate jurisdiction, the Board shall have the power to
summon witnesses, administer oaths, conduct ocular inspection, take
depositions, and issue subpoena and subpoena duces tecum. The proceedings of
the Board shall be conducted solely for the purpose of ascertaining the facts
without necessarily adhering to technical rules applicable in judicial proceedings.

(c) The secretary of the Board shall furnish the owner of the property or the
person having legal interest therein and the provincial or city assessor with a copy
of the decision of the Board. In case the provincial or city assessor concurs in the
revision or the assessment, it shall be his duty to notify the owner of the property
or the person having legal interest therein of such fact using the form prescribed
for the purpose. The owner of the property or the person having legal interest
therein or the assessor who is not satisfied with the decision of the Board, may,
within thirty (30) days after receipt of the decision of said Board, appeal to the
Central Board of Assessment appeals, as herein provided. The decision of the
Central Board shall be final and executory.
92

SEC. 230. Central Board of Assessment appeals.- The Central Board of

Assessment appeals shall be composed of a chairman and two (2) members to be
appointed by the President, who shall serve for a term of seven (7) years, without
reappointment. Of those first appointed, the chairman shall hold office for seven
(7) years, one member for five (5) years, and the other member for three (3)
years. Appointment to any vacancy shall be only for the unexpired portion of the
term of the predecessor. In no case shall any member be appointed or designated
in a temporary or acting capacity. The chairman and the members of the Board
shall be Filipino citizens, at least forty (40) years old at the time of their
appointment, and members of the Bar or Certified Public Accountants for at least
ten (10) years immediately preceding their appointment. The chairman of the
Board of Assessment appeals shall have the salary grade equivalent to the rank of
Director III under the Salary Standardization Law exclusive of allowances and
other emoluments. The members of the Board shall have the salary grade
equivalent to the rank of Director II under the Salary Standardization Law
exclusive of allowances and other emoluments. The Board shall have appellate
jurisdiction over all assessment cases decided by the Local Board of Assessment
appeals.

There shall be Hearing Officers to be appointed by the Central Board of

Assessment appeals pursuant to civil service laws, rules and regulations, one each
for Luzon, Visayas and Mindanao, who shall hold office in Manila, Cebu City and
Cagayan de Oro City, respectively, and who shall serve for a term of six (6) years,
without reappointment until their successors have been appointed and qualified.
The Hearing Officers shall have the same qualifications as that of the Judges of
the Municipal Trial Courts.

The Hearing Officers shall each have the salary grade equivalent to the rank of
Director I under the Salary Standardization Law exclusive of allowances and
other emoluments. The Hearing Officers shall try and receive evidences on the
appealed assessment cases as may be directed by the Board.

The Central Board Assessment appeals, in the performance of its powers and
duties, may establish and organize staffs, offices, units, prescribe the titles,
functions and duties of their members and adopt its own rules and regulations.
Unless otherwise provided by law, the annual appropriations for the Central
Board of Assessment appeals shall be included in the annual budget of the
Department of Finance in the corresponding General Appropriations Act.

SEC. 231. Effect of appeal on the Payment of Real Property Tax. - appeal on
assessments of real property made under the provisions of this Code shall, in no
case, suspend the collection of the corresponding realty taxes on the property
involved as assessed by the provincial or city assessor, without prejudice to
subsequent adjustment depending upon the final outcome of the appeal.

93

 CHAPTER 4 - IMPOSITION OF REAL PROPERTY TAX

SEC. 232. Power to Levy Real Property Tax. - A province or city or a

municipality within the Metropolitan Manila Area may levy an annual ad valorem
tax on real property such as land, building, machinery, and other improvement
not hereinafter specifically exempted.

SEC. 233. Rates of Levy. - A province or city or a municipality within the

Metropolitan Manila Area shall fix a uniform rate of basic real property tax
applicable to their respective localities as follows: (a) In the case of a province, at
the rate not exceeding one percent (1%) of the assessed value of real property; and

(b) In the case of a city or a municipality within the Metropolitan Manila Area, at
the rate not exceeding two percent (2%) of the assessed value of real property.

SEC. 234. Exemptions from Real Property Tax. - The following are exempted
from payment of the real property tax:

(a) Real property owned by the Republic of the Philippines or any of its political
subdivisions except when the beneficial use thereof has been granted, for
consideration or otherwise, to a taxable person;

(b) Charitable institutions, churches, parsonages or convents appurtenant

thereto, mosques, nonprofit or religious cemeteries and all lands, buildings, and
improvements actually, directly, and exclusively used for religious, charitable or
educational purposes;

(c) All machineries and equipment that are actually, directly and exclusively used
by local water districts and government-owned or -controlled corporations
engaged in the supply and distribution of water and/or generation and
transmission of electric power;

(d) All real property owned by duly registered cooperatives as provided for under
R. A. No. 6938; and

(e) Machinery and equipment used for pollution control and environmental
protection. Except as provided herein, any exemption from payment of real
property tax previously granted to, or presently enjoyed by, all persons, whether
natural or juridical, including all government-owned or -controlled corporations
are hereby withdrawn upon the effectivity of this Code.

CHAPTER 5 - SPECIAL LEVIES ON REAL PROPERTY

SEC. 235. Additional Levy on Real Property for the Special Education Fund. - A
province or city, or a municipality within the Metropolitan Manila Area, may levy
and collect an annual tax of one percent (1%) on the assessed value of real
94

property which shall be in addition to the basic real property tax. The proceeds
thereof shall exclusively accrue to the Special Education Fund (SEF).

SEC. 236. Additional Ad Valorem Tax on Idle Lands. - A province or city, or a

municipality within the Metropolitan Manila Area, may levy an annual tax on idle
lands at the rate not exceeding five percent (5%) of the assessed value of the
property which shall be in addition to the basic real property tax.

SEC. 237. Idle Lands, Coverage. - For purposes of real property taxation, idle
lands shall include the following:

(a) "Agricultural lands, more than one (1) hectare in area, suitable for cultivation,
dairying, inland fishery, and other agricultural uses, one-half (1/2) of which
remain uncultivated or unimproved by the owner of the property or person
having legal interest therein." Agricultural lands planted to permanent or
perennial crops with at least fifty (50) trees to a hectare shall not be considered
idle lands. Lands actually used for grazing purposes shall likewise not be
considered idle lands.

(b) Lands, other than agricultural, located in a city or municipality, more than
one thousand (1,000) square meters in area one-half (1/2) of which remain
unutilized or unimproved by the owner of the property or person having legal
interest therein. Regardless of land area, this Section shall likewise apply to
residential lots in subdivisions duly approved by proper authorities, the
ownership of which has been transferred to individual owners, who shall be liable
for the additional tax: Provided, however, That individual lots of such
subdivisions, the ownership of which has not been transferred to the buyer shall
be considered as part of the subdivision, and shall be subject to the additional tax
payable by subdivision owner or operator.

SEC. 238. Idle Lands Exempt from Tax. - A province or city or a municipality
within the Metropolitan Manila Area may exempt idle lands from the additional
levy by reason of force majeure, civil disturbance, natural calamity or any cause or
circumstance which physically or legally prevents the owner of the property or
person having legal interest therein from improving, utilizing or cultivating the
same.

SEC. 239. Listing of Idle Lands by the Assessor. - The provincial, city or
municipal assessor shall make and keep an updated record of all idle lands
located within his area of jurisdiction. For purposes of collection, the provincial,
city or municipal assessor shall furnish a copy thereof to the provincial or city
treasurer who shall notify, on the basis of such record, the owner of the property
or person having legal interest therein of the imposition of the additional tax.

SEC. 240. Special Levy by Local Government Units. - A province, city or

municipality may impose a special levy on the lands comprised within its
95

territorial jurisdiction specially benefited by public works projects or

improvements funded by the local government unit concerned: Provided,
however, That the special levy shall not exceed sixty percent (60%) of the actual
cost of such projects and improvements, including the costs of acquiring land and
such other real property in connection therewith: Provided, further, That the
special levy shall not apply to lands exempt from basic real property tax and the
remainder of the land portions of which have been donated to the local
government unit concerned for the construction of such projects or
improvements.

SEC. 241. Ordinance Imposing a Special Levy. - A tax ordinance imposing a

special levy shall describe with reasonable accuracy the nature, extent, and
location of the public works projects or improvements to be undertaken, state the
estimated cost thereof, specify the metes and bounds by monuments and lines
and the number of annual installments for the payment of the special levy which
in no case shall be less than five (5) nor more than ten (10) years. The sanggunian
concerned shall not be obliged, in the apportionment and computation of the
special levy, to establish a uniform percentage of all lands subject to the payment
of the tax for the entire district, but it may fix different rates for different parts or
sections thereof, depending on whether such land is more or less benefited by the
proposed work.

SEC. 242. Publication of Proposed Ordinance Imposing a Special Levy. - Before

the enactment of an ordinance imposing a special levy, the sanggunian concerned
shall conduct a public hearing thereon; notify in writing the owners of the real
property to be affected or the persons having legal interest therein as to the date
and place thereof and afford the latter the opportunity to express their positions
or objections relative to the proposed ordinance.

SEC. 243. Fixing the Amount of Special Levy. - The special levy authorized herein
shall be apportioned, computed, and assessed according to the assessed valuation
of the lands affected as shown by the books of the assessor concerned, or its
current assessed value as fixed by said assessor if the property does not appear of
record in his books. Upon the effectivity of the ordinance imposing special levy,
the assessor concerned shall forthwith proceed to determine the annual amount
of special levy assessed against each parcel of land comprised within the area
especially benefited and shall send to each landowner a written notice thereof by
mail, personal service or publication in appropriate cases.

SEC. 244. Taxpayers' Remedies Against Special Levy. - Any owner of real
property affected by a special levy or any person having a legal interest therein
may, upon receipt of the written notice of assessment of the special levy, avail of
the remedies provided for in Chapter 3, Title Two, Book II of this Code.

96

SEC. 245. Accrual of Special Levy. -The special levy shall accrue on the first day
of the quarter next following the effectivity of the ordinance imposing such levy.

CHAPTER 6 - COLLECTION OF REAL PROPERTY TAX

SEC. 246. Date of Accrual of Tax.- The real property tax for any year shall accrue
on the first day of January and from that date it shall constitute a lien on the
property which shall be superior to any other lien, mortgage, or encumbrance of
any kind whatsoever, and shall be extinguished only upon the payment of the
delinquent tax.

SEC. 247. Collection of Tax. - The collection of the real property tax with interest
thereon and related expenses, and the enforcement of the remedies provided for
in this Title or any applicable laws, shall be the responsibility of the city or
municipal treasurer concerned. The city or municipal treasurer may deputize the
barangay treasurer to collect all taxes on real property located in the barangay:
Provided, That the barangay treasurer is properly bonded for the purpose:
Provided, further, That the premium on the bond shall be paid by the city or
municipal government concerned.

SEC. 248. Assessor to Furnish Local Treasurer with Assessment Roll. - The
provincial, city or municipal assessor shall prepare and submit to the treasurer of
the local government unit, on or before the thirty-first (31st) day of December
each year, an assessment roll containing a list of all persons whose real properties
have been newly assessed or reassessed and the values of such properties.

SEC. 249. Notice of Time for Collection of Tax. - The city or municipal treasurer
shall, on or before the thirty-first (31st) day of January each year, in the case of
the basic real property tax and the additional tax for the Special Education Fund
(SEF) or on any other date to be prescribed by the sanggunian concerned in the
case of any other tax levied under this Title, post the notice of the dates when the
tax may be paid without interest at a conspicuous and publicly accessible place at
the city or municipal hall. Said notice shall likewise be published in a newspaper
of general circulation in the locality once a week for two (2) consecutive weeks.

SEC. 250. Payment of Real Property Taxes in Installments. - The owner of the
real property or the person having legal interest therein may pay the basic real
property tax and the additional tax for Special Education Fund (SEF) due thereon
without interest in four (4) equal installments; the first installment to be due and
payable on or before March Thirty-first (31st); the second installment, on or
before June Thirty (30); the third installment, on or before September Thirty
(30); and the last installment on or before December Thirty-first (31st), except
the special levy the payment of which shall be governed by ordinance of the
sanggunian concerned. The date for the payment of any other tax imposed under
this Title without interest shall be prescribed by the sanggunian concerned.
97

Payments of real property taxes shall first be applied to prior years delinquencies,
interests, and penalties, if any, and only after said delinquencies are settled may
tax payments be credited for the current period.

SEC. 251. Tax Discount for Advanced Prompt Payment. - If the basic real
property tax and the additional tax accruing to the Special Education Fund (SEF)
are paid in advance in accordance with the prescribed schedule of payment as
provided under Section 250, the sanggunian concerned may grant a discount not
exceeding twenty percent (20%) of the annual tax due.

SEC. 252. Payment Under Protest. - (a) No protest shall be entertained unless the
taxpayer first pays the tax. There shall be annotated on the tax receipts the words
"paid under protest". The protest in writing must be filed within thirty (30) days
from payment of the tax to the provincial, city treasurer or municipal treasurer, in
the case of a municipality within Metropolitan Manila Area, who shall decide the
protest within sixty (60) days from receipt.

(b) The tax or a portion thereof paid under protest, shall be held in trust by the
treasurer concerned.

(c) In the event that the protest is finally decided in favor of the taxpayer, the
amount or portion of the tax protested shall be refunded to the protestant, or
applied as tax credit against his existing or future tax liability.

(d) In the event that the protest is denied or upon the lapse of the sixty day
period prescribed in subparagraph (a), the taxpayer may avail of the remedies as
provided for in Chapter 3, Title II, Book II of this Code.

SEC. 253. Repayment of Excessive Collections. - When an assessment of basic

real property tax, or any other tax levied under this Title, is found to be illegal or
erroneous and the tax is accordingly reduced or adjusted, the taxpayer may file a
written claim for refund or credit for taxes and interests with the provincial or city
treasurer within two (2) years from the date the taxpayer is entitled to such
reduction or adjustment. The provincial or city treasurer shall decide the claim
for tax refund or credit within sixty (60) days from receipt thereof. In case the
claim for tax refund or credit is denied, the taxpayer may avail of the remedies as
provided in Chapter 3, Title II, Book II of this Code.

SEC. 254. Notice of Delinquency in the Payment of the Real Property Tax. - (a)
When the real property tax or any other tax imposed under this Title becomes
delinquent, the provincial, city or municipal treasurer shall immediately cause a
notice of the delinquency to be posted at the main entrance of the provincial
capitol, or city or municipal hall and in a publicly accessible and conspicuous
place in each barangay of the local government unit concerned. The notice of
delinquency shall also be published once a week for two (2) consecutive weeks, in
a newspaper of general circulation in the province, city, or municipality.
98

 (b) Such notice shall specify the date upon which the tax became delinquent and
shall state that personal property may be distrained to effect payment. It shall
likewise state that at any time before the distraint of personal property, payment
of the tax with surcharges, interests and penalties may be made in accordance
with the next following Section, and unless the tax, surcharges and penalties are
paid before the expiration of the year for which the tax is due except when the
notice of assessment or special levy is contested administratively or judicially
pursuant to the provisions of Chapter 3, Title II, Book II of this Code, the
delinquent real property will be sold at public auction, and the title to the
property will be vested in the purchaser, subject, however, to the right of the
delinquent owner of the property or any person having legal interest therein to
redeem the property within one (1) year from the date of sale.

SEC. 255. Interests on Unpaid Real Property Tax. - In case of failure to pay the
basic real property tax or any other tax levied under this Title upon the expiration
of the periods as provided in Section 250, or when due, as the case may be, shall
subject the taxpayer to the payment of interest at the rate of two percent (2%) per
month on the unpaid amount or a fraction thereof, until the delinquent tax shall
have been fully paid: Provided, however, That in no case shall the total interest on
the unpaid tax or portion thereof exceed thirty-six (36) months.

SEC. 256. Remedies For The Collection Of Real Property Tax. - For the collection
of the basic real property tax and any other tax levied under this Title, the local
government unit concerned may avail of the remedies by administrative action
thru levy on real property or by judicial action.

SEC. 257. Local Governments Lien. - The basic real property tax and any other
tax levied under this Title constitutes a lien on the property subject to tax,
superior to all liens, charges or encumbrances in favor of any person, irrespective
of the owner or possessor thereof, enforceable by administrative or judicial
action, and may only be extinguished upon payment of the tax and the related
interests and expenses.

SEC. 258. Levy on Real Property. - After the expiration of the time required to
pay the basic real property tax or any other tax levied under this Title, real
property subject to such tax may be levied upon through the issuance of a warrant
on or before, or simultaneously with, the institution of the civil action for the
collection of the delinquent tax. The provincial or city treasurer, or a treasurer of
a municipality within the Metropolitan Manila Area, as the case may be, when
issuing a warrant of levy shall prepare a duly authenticated certificate showing
the name of the delinquent owner of the property or person having legal interest
therein, the description of the property, the amount of the tax due and the
interest thereon. The warrant shall operate with the force of a legal execution
throughout the province, city or a municipality within the Metropolitan Manila
Area. The warrant shall be mailed to or served upon the delinquent owner of the
real property or person having legal interest therein, or in case he is out of the
99

country or cannot be located, to the administrator or occupant of the property. At

the same time, written notice of the levy with the attached warrant shall be
mailed to or served upon the assessor and the Registrar of Deeds of the province,
city or a municipality within the Metropolitan Manila Area where the property is
located, who shall annotate the levy on the tax declaration and certificate of title
of the property, respectively. The levying officer shall submit a report on the levy
to the sanggunian concerned within ten (10) days after receipt of the warrant by
the owner of the property or person having legal interest therein.

SEC. 259. Penalty for Failure to Issue and Execute Warrant. - Without prejudice
to criminal prosecution under the Revised Penal Code and other applicable laws,
any local treasurer or his deputy who fails to issue or execute the warrant of levy
within one (1) year from the time the tax becomes delinquent or within thirty (30)
days from the date of the issuance thereof, or who is found guilty of abusing the
exercise thereof in an administrative or judicial proceeding shall be dismissed
from the service.

SEC. 260. Advertisement and Sale. - Within thirty (30) days after service of the
warrant of levy, the local treasurer shall proceed to publicly advertise for sale or
auction the property or a usable portion thereof as may be necessary to satisfy the
tax delinquency and expenses of sale. The advertisement shall be effected by
posting a notice at the main entrance of the provincial, city or municipal building,
and in a publicly accessible and conspicuous place in the barangay where the real
property is located, and by publication once a week for two (2) weeks in a
newspaper of general circulation in the province, city or municipality where the
property is located. The advertisement shall specify the amount of the delinquent
tax, the interest due thereon and expenses of sale, the date and place of sale, the
name of the owner of the real property or person having legal interest therein,
and a description of the property to be sold. At any time before the date fixed for
the sale, the owner of the real property or person having legal interest therein
may stay the proceedings by paying the delinquent tax, the interest due thereon
and the expenses of sale. The sale shall be held either at the main entrance of the
provincial, city or municipal building, or on the property to be sold, or at any
other place as specified in the notice of the sale. Within thirty (30) days after the
sale, the local treasurer or his deputy shall make a report of the sale to the
sanggunian concerned, and which shall form part of his records. The local
treasurer shall likewise prepare and deliver to the purchaser a certificate of sale
which shall contain the name of the purchaser, a description of the property sold,
the amount of the delinquent tax, the interest due thereon, the expenses of sale
and a brief description of the proceedings: Provided, however, That proceeds of
the sale in excess of the delinquent tax, the interest due thereon, and the expenses
of sale shall be remitted to the owner of the real property or person having legal
interest therein. The local treasurer may, by ordinance duly approved, advance an
amount sufficient to defray the costs of collection thru the remedies provided for
in this Title, including the expenses of advertisement and sale.

100

SEC. 261. Redemption of Property Sold. - Within one (1) year from the date of
sale, the owner of the delinquent real property or person having legal interest
therein, or his representative, shall have the right to redeem the property upon
payment to the local treasurer of the amount of the delinquent tax, including the
interest due thereon, and the expenses of sale from the date of delinquency to the
date of sale, plus interest of not more than two percent (2%) per month on the
purchase price from the date of sale to the date of redemption. Such payment
shall invalidate the certificate of sale issued to the purchaser and the owner of the
delinquent real property or person having legal interest therein shall be entitled
to a certificate of redemption which shall be issued by the local treasurer or his
deputy. From the date of sale until the expiration of the period of redemption, the
delinquent real property shall remain in the possession of the owner or person
having legal interest therein who shall be entitled to the income and other fruits
thereof. The local treasurer or his deputy, upon receipt from the purchaser of the
certificate of sale, shall forthwith return to the latter the entire amount paid by
him plus interest of not more than two percent (2%) per month. Thereafter, the
property shall be free from the lien of such delinquent tax, interest due thereon
and expenses of sale.

SEC. 262. Final Deed to Purchaser. - In case the owner or person having legal
interest therein fails to redeem the delinquent property as provided herein, the
local treasurer shall execute a deed conveying to the purchaser said property, free
from lien of the delinquent tax, interest due thereon and expenses of sale. The
deed shall briefly state the proceedings upon which the validity of the sale rests.

SEC. 263. Purchase of Property By the Local Government Units for Want of
Bidder. - In case there is no bidder for the real property advertised for sale as
provided herein, or if the highest bid is for an amount insufficient to pay the real
property tax and the related interest and costs of sale the local treasurer
conducting the sale shall purchase the property in behalf of the local government
unit concerned to satisfy the claim and within two (2) days thereafter shall make
a report of his proceedings which shall be reflected upon the records of his office.
It shall be the duty of the Registrar of Deeds concerned upon registration with his
office of any such declaration of forfeiture to transfer the title of the forfeited
property to the local government unit concerned without the necessity of an order
from a competent court. Within one (1) year from the date of such forfeiture, the
taxpayer or any of his representative, may redeem the property by paying to the
local treasurer the full amount of the real property tax and the related interest
and the costs of sale. If the property is not redeemed as provided herein, the
ownership thereof shall be fully vested on the local government unit concerned.

SEC. 264. Resale of Real Estate Taken for Taxes, Fees, or Charges. - The
sanggunian concerned may, by ordinance duly approved, and upon notice of not
less than twenty (20) days, sell and dispose of the real property acquired under
the preceding section at public auction. The proceeds of the sale shall accrue to
the general fund of the local government unit concerned.
101

SEC. 265. Further Distraint or Levy. - Levy may be repeated if necessary until the
full amount due, including all expenses, is collected.

SEC. 266. Collection of Real Property Tax Through the Courts. - The local
government unit concerned may enforce the collection of the basic real property
tax or any other tax levied under this Title by civil action in any court of
competent jurisdiction. The civil action shall be filed by the local treasurer within
the period prescribed in Section 270 of this Code.

SEC. 267. Action Assailing Validity of Tax Sale. - No court shall entertain any
action assailing the validity of any sale at public auction of real property or rights
therein under this Title until the taxpayer shall have deposited with the court the
amount for which the real property was sold, together with interest of two percent
(2%) per month from the date of sale to the time of the institution of the action.
The amount so deposited shall be paid to the purchaser at the auction sale if the
deed is declared invalid but it shall be returned to the depositor if the action fails.
Neither shall any court declare a sale at public auction invalid by reason of
irregularities or informalities in the proceedings unless the substantive rights of
the delinquent owner of the real property or the person having legal interest
therein have been impaired.

SEC. 268. Payment of Delinquent Taxes on Property Subject of Controversy. - In

any action involving the ownership or possession of, or succession to, real
property, the court may, motu propio or upon representation of the provincial,
city, or municipal treasurer or his deputy, award such ownership, possession, or
succession to any party to the action upon payment to the court of the taxes with
interest due on the property and all other costs that may have accrued, subject to
the final outcome of the action.

SEC. 269. Treasurer to Certify Delinquencies Remaining Uncollected. - The

provincial, city or municipal treasurer or their deputies shall prepare a certified
list of all real property tax delinquencies which remained uncollected or unpaid
for at least one (1) year in his jurisdiction, and a statement of the reason or
reasons for such non-collection or non-payment, and shall submit the same to the
sanggunian concerned on or before December thirty-first (31st) of the year
immediately succeeding the year in which the delinquencies were incurred, with a
request for assistance in the enforcement of the remedies for collection provided
herein.

SEC. 270. Periods Within Which To Collect Real Property Taxes. - The basic real
property tax and any other tax levied under this Title shall be collected within five
(5) years from the date they become due. No action for the collection of the tax,
whether administrative or judicial, shall be instituted after the expiration of such
period. In case of fraud or intent to evade payment of the tax, such action may be
instituted for the collection of the same within ten (10) years from the discovery

102

of such fraud or intent to evade payment. The period of prescription within which
to collect shall be suspended for the time during which:

(1) The local treasurer is legally prevented from collecting the tax;

(2) The owner of the property or the person having legal interest therein requests
for reinvestigation and executes a waiver in writing before the expiration of the
period within which to collect; and

(3) The owner of the property or the person having legal interest therein is out of
the country or otherwise cannot be located.

CHAPTER 7 - DISPOSITION OF PROCEEDS

SEC. 271. Distribution of Proceeds. - The proceeds of the basic real property tax,
including interest thereon, and proceeds from the use, lease or disposition, sale or
redemption of property acquired at a public auction in accordance with the
provisions of this Title by the province or city or a municipality within the
Metropolitan Manila Area shall be distributed as follows:

(a) In the case of provinces:

(1) province - Thirty-five percent (35%) shall accrue to the general fund;

(2) municipality - Forty percent (40%) to the general fund of the municipality
where the property is located; and

(3) barangay - Twenty-five percent (25%) shall accrue to the barangay where the
property is located.

(b) In the case of cities:

(1) city - Seventy percent (70%) shall accrue to the general fund of the city; and

(2) Thirty percent (30%) shall be distributed among the component barangays of
the cities where the property is located in the following manner:

(i) Fifty percent (50%) shall accrue to the barangay where the property is located;

(ii) Fifty percent (50%) shall accrue equally to all component barangays of the
city; and

(c) In the case of a municipality within the Metropolitan Manila Area:

(1) Metropolitan Manila Authority - Thirty-five percent (35%) shall accrue to the
general fund of the authority;
103

 (2) municipality - Thirty-five percent (35%) shall accrue to the general fund of
the municipality where the property is located;

(3) barangays - Thirty percent (30%) shall be distributed among the component
barangays of the municipality where the property is located in the following
manner:

(i) Fifty percent (50%) shall accrue to the barangay where the property is located;

(ii) Fifty percent (50%) shall accrue equally to all component barangays of the
municipality.

(d) The share of each barangay shall be released, without need of any further
action, directly to the barangay treasurer on a quarterly basis within five (5) days
after the end of each quarter and shall not be subject to any lien or holdback for
whatever purpose.

SEC. 272. Application of Proceeds of the Additional One Percent SEF Tax. - The
proceeds from the additional one percent (1%) tax on real property accruing to
the Special Education Fund (SEF) shall be automatically released to the local
school boards: Provided, That, in case of provinces, the proceeds shall be divided
equally between the provincial and municipal school boards: Provided, however,
That the proceeds shall be allocated for the operation and maintenance of public
schools, construction and repair of school buildings, facilities and equipment,
educational research, purchase of books and periodicals, and sports development
as determined and approved by the Local School Board.

SEC. 273. Proceeds of the Tax on Idle Lands. - The proceeds of the additional real
property tax on idle lands shall accrue to the respective general fund of the
province or city where the land is located. In the case of a municipality within the
Metropolitan Manila Area, the proceeds shall accrue equally to the Metropolitan
Manila Authority and the municipality where the land is located.

SEC. 274. Proceeds of the Special Levy. - The proceeds of the special levy on
lands benefited by public works, projects and other improvements shall accrue to
the general fund of the local government unit which financed such public works,
projects or other improvements.

CHAPTER 8 - SPECIAL PROVISIONS

SEC. 275. General Assessment Revision; Expenses Incident Thereto. - The

sanggunian of provinces, cities and municipalities within the Metropolitan
Manila Area shall provide the necessary appropriations to defray the expenses
incident to the general revision of real property assessment. All expenses incident
to a general revision of real property assessments shall, by ordinance of the

104

sangguniang panlalawigan, be apportioned between the province and the

municipality on the basis of the taxable area of the municipality concerned.

SEC. 276. Condonation or Reduction of Real Property Tax and Interest. - In case
of a general failure of crops or substantial decrease in the price of agricultural or
agribased products, or calamity in any province, city, or municipality, the
sanggunian concerned, by ordinance passed prior to the first (1st) day of January
of any year and upon recommendation of the Local Disaster Coordinating
Council, may condone or reduce, wholly or partially, the taxes and interest
thereon for the succeeding year or years in the city or municipality affected by the
calamity.

SEC. 277. Condonation or Reduction of Tax by the President of the Philippines. -

The President of the Philippines may, when public interest so requires, condone
or reduce the real property tax and interest for any year in any province or city or
a municipality within the Metropolitan Manila Area.

SEC. 278. Duty of Registrar of Deeds and Notaries Public to Assist the
Provincial, City or Municipal Assessor. - It shall be the duty of the Registrar of
Deeds and notaries public to furnish the provincial, city or municipal assessor
with copies of all contracts selling, transferring, or otherwise conveying, leasing,
or mortgaging real property received by, or acknowledged before them.

SEC. 279. Insurance Companies to Furnish Information. - Insurance companies

are hereby required to furnish the provincial, city or municipal assessor copies of
any contract or policy insurance on buildings, structures, and improvements
insured by them or such other documents which may be necessary for the proper
assessment thereof.

SEC. 280. Fees in Court Actions. - All court actions, criminal or civil, instituted at
the instance of the provincial, city or municipal treasurer or assessor under the
provisions of this Code, shall be exempt from the payment of court and sheriff's
fees.

SEC. 281. Fees in Registration of Papers or Documents on Sale of Delinquent

Real Property to province, City or municipality. - All certificates, documents,
and papers covering the sale of delinquent property to the province, city or
municipality, if registered in the Registry of Property, shall be exempt from the
documentary stamp tax and registration fees.

SEC. 282. Real Property Assessment Notices or Owner's Copies of Tax

Declarations to be Exempt from Postal Charges or Fees. - All real property
assessment notices or owner's copies of tax declaration sent through the mails by
the assessor shall be exempt from the payment of postal charges or fees.

105

SEC. 283. Sale and Forfeiture Before Effectivity of Code. - Tax delinquencies
incurred, and sales and forfeitures of delinquent real property effected, before the
effectivity of this Code shall be governed by the provisions of applicable laws then
in force.

TITLE III. - SHARES OF LOCAL GOVERNMENT UNITS IN THE

PROCEEDS OF NATIONAL TAXES

CHAPTER 1 - ALLOTMENT OF INTERNAL REVENUE

SEC. 284. Allotment of Internal Revenue Taxes. - Local government units shall
have a share in the national internal revenue taxes based on the collection of the
third fiscal year preceding the current fiscal year as follows:

(a) On the first year of the effectivity of this Code, thirty percent (30%);

(b) On the second year, thirty-five percent (35%); and

(c) On the third year and thereafter, forty percent (40%). Provided, That in the
event that the national government incurs an unmanageable public sector deficit,
the President of the Philippines is hereby authorized, upon the recommendation
of Secretary of Finance, Secretary of Interior and Local Government and
Secretary of Budget and Management, and subject to consultation with the
presiding officers of both Houses of Congress and the presidents of the liga, to
make the necessary adjustments in the internal revenue allotment of local
government units but in no case shall the allotment be less than thirty percent
(30%) of the collection of national internal revenue taxes of the third fiscal year
preceding the current fiscal year: Provided, further That in the first year of the
effectivity of this Code, the local government units shall, in addition to the thirty
percent (30%) internal revenue allotment which shall include the cost of devolved
functions for essential public services, be entitled to receive the amount
equivalent to the cost of devolved personal services.

SEC. 285. Allocation to Local Government Units. - The share of local government
units in the internal revenue allotment shall be allocated in the following manner:

(a) Provinces - Twenty-three percent (23%);

(b) Cities - Twenty-three percent (23%);

(c) Municipalities - Thirty-four percent (34%); and

(d) barangays - Twenty percent (20%) Provided, however, That the share of each
province, city, and municipality shall be determined on the basis of the following
formula:

106

 (a) Population - Fifty percent (50%);

(b) Land Area - Twenty-five percent (25%); and

(c) Equal sharing - Twenty-five percent (25%) Provided, further, That the share
of each barangay with a population of not less than one hundred (100)
inhabitants shall not be less than Eighty thousand pesos (P=80,000.00) per
annum chargeable against the twenty percent (20%) share of the barangay from
the internal revenue allotment, and the balance to be allocated on the basis of the
following formula:

(a) On the first year of the effectivity of this Code:

(1) Population - Forty percent (40%); and

(2) Equal Sharing - Sixty percent (60%)

(b) On the second year:

(1) Population - Fifty percent (50%); and

(2) Equal Sharing - Fifty percent (50%)

(c) On the third year and thereafter:

(1) Population - Sixty percent (60%); and

(2) Equal Sharing - Forty percent (40%). Provided, finally, That the financial
requirements of barangays created by local government units after the effectivity
of this Code shall be the responsibility of the local government unit concerned.

SEC. 286. Automatic Release of Shares. - (a) The share of each local government
unit shall be released, without need of any further action, directly to the
provincial, city, municipal or barangay treasurer, as the case may be, on a
quarterly basis within five (5) days after the end of each quarter, and which shall
not be subject to any lien or holdback that may be imposed by the national
government for whatever purpose.

(b) Nothing in this Chapter shall be understood to diminish the share of local
government units under existing laws.

SEC. 287. Local Development Projects. - Each local government unit shall
appropriate in its annual budget no less than twenty percent (20%) of its annual
internal revenue allotment for development projects. Copies of the development
plans of local government units shall be furnished the Department of Interior and
Local Government.

107

SEC. 288. Rules and Regulations. - The Secretary of Finance, in consultation with
the Secretary of Budget and Management, shall promulgate the necessary rules
and regulations for a simplified disbursement scheme designed for the speedy
and effective enforcement of the provisions of this Chapter.

CHAPTER 2 - SHARE OF LOCAL GOVERNMENT UNITS IN THE

NATIONAL WEALTH

SEC. 289. Share in the Proceeds from the Development and Utilization of the
National Wealth. - Local government units shall have an equitable share in the
proceeds derived from the utilization and development of the national wealth
within their respective areas, including sharing the same with the inhabitants by
way of direct benefits.

SEC. 290. Amount of Share of Local Government Units. - Local government units
shall, in addition to the internal revenue allotment, have a share of forty percent
(40%) of the gross collection derived by the national government from the
preceding fiscal year from mining taxes, royalties, forestry and fishery charges,
and such other taxes, fees, or charges, including related surcharges, interests, or
fines, and from its share in any co-production, joint venture or production
sharing agreement in the utilization and development of the national wealth
within their territorial jurisdiction.

SEC. 291 . Share of the Local Governments from any Government Agency or -
Owned and -Controlled Corporation. - Local government units shall have a share
based on the preceding fiscal year from the proceeds derived by any government
agency or government-owned or -controlled corporation engaged in the
utilization and development of the national wealth based on the following
formula whichever will produce a higher share for the local government unit:

(a) One percent (1%) of the gross sales or receipts of the preceding calendar year;
or

(b) Forty percent (40%) of the mining taxes, royalties, forestry and fishery
charges and such other taxes, fees or charges, including related surcharges,
interests, or fines the government agency or government -owned or -controlled
corporation would have paid if it were not otherwise exempt.

SEC. 292. Allocation of Shares. - The share in the preceding Section shall be
distributed in the following manner:

(a) Where the natural resources are located in the province

(1) province - Twenty percent (20%);

(2) Component city/municipality - Forty-five percent (45%); and

108

 (3) barangay - Thirty-five percent (35%) Provided, however, That where the
natural resources are located in two (2) or more provinces, or in two (2) or more
component cities or municipalities or in two (2) or more barangays, their
respective shares shall be computed on the basis of:

(1) Population - Seventy percent (70%); and

(2) Land area - Thirty percent (30%).

(b) Where the natural resources are located in a highly urbanized or independent
component city:

(1) city - Sixty-five percent (65%); and

(2) barangay - Thirty-five percent (35%) Provided, however, That where the
natural resources are located in such two (2) or more cities, the allocation of
shares shall be based on the formula on population and land area as specified in
paragraph (a) of this Section.

SEC. 293 Remittance of the Share of Local Government Units. - The share of
local government units from the utilization and development of national wealth
shall be remitted in accordance with Section 286 of this Code: Provided, however,
That in the case of any government agency or government-owned or -controlled
corporation engaged in the utilization and development of the national wealth,
such share shall be directly remitted to the provincial, city, municipal or barangay
treasurer concerned within five (5) days after the end of each quarter.

SEC. 294. Development and Livelihood Projects. - The proceeds from the share of
local government units pursuant to this chapter shall be appropriated by their
respective sanggunian to finance local development and livelihood projects:
Provided, however, That at least eighty percent (80%) of the proceeds derived
from the development and utilization of hydrothermal, geothermal, and other
sources of energy shall be applied solely to lower the cost of electricity in the local
government unit where such a source of energy is located.

TITLE IV. - CREDIT FINANCING

SEC. 295. Scope. - This Title shall govern the power of local government units to
create indebtedness and to enter into credit and other financial transactions.

SEC. 296. General Policy. - (a) It shall be the basic policy that any local
government unit may create indebtedness, and avail of credit facilities to finance
local infrastructure and other socio-economic development projects in
accordance with the approved local development plan and public investment
program.

109

(b) A local government unit may avail of credit lines from government or private
banks and lending institutions for the purpose of stabilizing local finances.

SEC. 297. Loans, Credits, and Other Forms of Indebted ness of Local
Government Units. - (a) A local government unit may contract loans, credits, and
other forms of indebtedness with any government or domestic private bank and
other lending institutions to finance the construction, installation, improvement,
expansion, operation, or maintenance of public facilities, infrastructure facilities,
housing projects, the acquisition of real property, and the implementation of
other capital investment projects, subject to such terms and conditions as may be
agreed upon by the local government unit and the lender. The proceeds from such
transactions shall accrue directly to the local government unit concerned.

(b) A local government unit may likewise secure from any government bank and
lending institution short, medium and long-term loans and advances against
security of real estate or other acceptable assets for the establishment,
development, or expansion of agricultural, industrial, commercial, house
financing projects, livelihood projects, and other economic enterprises.

(c) Government financial and other lending institutions are hereby authorized to
grant loans, credits, and other forms of indebtedness out of their loanable funds
to local government units for purposes specified above.

SEC. 298. Deferred-Payment and other Financial Schemes. - Provincial, city and
municipal governments may likewise acquire property, plant, machinery,
equipment, and such necessary accessories under a supplier's credit, deferred
payment plan, or other financial scheme.

SEC. 299. Bonds and Other Long-Term Securities. - Subject to the rules and
regulations of the Central Bank and the Securities and Exchange Commission,
provinces, cities, and municipalities are hereby authorized to issue bonds,
debentures, securities, collaterals, notes and other obligations to finance self-
liquidating, income-producing development or livelihood projects pursuant to the
priorities established in the approved local development plan or the public
investment program. The sanggunian concerned shall, through an ordinance
approved by a majority of all its members, declare and state the terms and
conditions of the bonds and the purpose for which the proposed indebtedness is
to be incurred.

SEC. 300. Inter-Local Government Loans, Grants, and Subsidies. - provinces,

cities and municipalities may, upon approval of the majority of all members of the
sanggunian concerned and in amounts not exceeding their surplus funds, extend
loans, grants, or subsidies to other local government units under such terms and
conditions as may be agreed upon by the contracting parties. Local government
units may, upon approval of their respective sanggunian, jointly or severally

110

contract loans, credits, and other forms of indebtedness for purposes mutually
beneficial to them.

SEC. 301. Loans from Funds Secured by the National Government from Foreign
Sources. - (a) The President, or his duly authorized representative, may, through
any government financial or other lending institution, relend to any province,
city, municipality, or barangay, the proceeds of loans contracted with foreign
financial institutions or other international funding agencies for the purpose of
financing the construction, installation, improvement, expansion, operation, or
maintenance of public utilities and facilities, infrastructure facilities, or housing
projects, the acquisition of real property, and the implementation of other capital
investment projects, subject to such terms and conditions as may be agreed upon
by the President and the local government unit. The proceeds from such loans
shall accrue directly to the local government concerned.

(b) The President may likewise authorize the relending to local government units
the proceeds of grants secured from foreign sources, subject to the provisions of
existing laws and the applicable grant agreements.

(c) Repayment or amortization of loans including accrued interest thereon, may

be financed partly from the income of the projects or services and from the
regular income of the local government unit, which must be provided for and
appropriated regularly in its annual budget until the loan and the interest thereon
shall have been fully paid.

SEC. 302. Financing, Construction, Maintenance, Operation, and Management

of Infrastructure Projects by the Private Sector. - (a) Local government units
may enter into contracts with any duly prequalified individual contractor, for the
financing, construction, operation, and maintenance of any financially viable
infrastructure facilities, under the build-operate-and-transfer agreement, subject
to the applicable provisions of Republic Act Numbered Sixty-nine hundred fifty-
seven (R.A. No. 6957) authorizing the financing, construction, operation and
maintenance of infrastructure projects by the private sector and the rules and
regulations issued thereunder and such terms and conditions provided in this
Section.

(b) Local government units shall include in their respective local development
plans and public investment programs priority projects that may be financed,
constructed, operated and maintained by the private sector under this Section. It
shall be the duty of the local government unit concerned to disclose to the public
all projects eligible for financing under this Section, including official notification
of duly registered contractors and publication in newspapers of general or local
circulation and in conspicuous and accessible public places. Local projects under
the build-operate-and-transfer agreement shall be confirmed by the local
development councils.

111

 (c) Projects implemented under this Section shall be subject to the following
terms and conditions:

(1) The provincial, city, or municipal engineer, as the case may be, upon formal
request in writing by the local chief executive, shall prepare the plans and
specifications for the proposed project, which shall be submitted to the
sanggunian for approval.

(2) Upon approval by the sanggunian of the project plans and specifications, the
provincial, city, or municipal engineer shall, as the case may be, cause to be
published once every week for two (2) consecutive weeks in at least one (1) local
newspaper which is circulated in the region, province, city or municipality in
which the project is to be implemented, a notice inviting all duly qualified
contractors to participate in a public bidding for the projects so approved. The
conduct of public bidding and award of contracts for local government projects
under this Section shall be in accordance with this Code and other applicable
laws, rules and regulations.

In the case of a build-operate-and-transfer agreement, the contract shall be

awarded to the lowest complying bidder whose offer is deemed most
advantageous to the local government and based on the present value of its
proposed tolls, fees, rentals, and charges over a fixed term for the facility to be
constructed, operated, and maintained according to the prescribed minimum
design and performance standards, plans, and specifications. For this purpose,
the winning contractor shall be automatically granted by the local government
unit concerned the franchise to operate and maintain the facility, including the
collection of tolls, fees, rentals, and charges in accordance with subsection (c-4)
hereof.

In the case of a build-operate-and-transfer agreement, the contract shall be

awarded to the lowest complying bidder based on the present value of its
proposed schedule of amortization payments for the facility to be constructed
according to the prescribed minimum design and performance standards, plans,
and specifications.

(3) Any contractor who shall undertake the prosecution of any project under this
Section shall post the required bonds to protect the interest of the province, city,
or municipality, in such amounts as may be fixed by the sanggunian concerned
and the provincial, city, or municipal engineer shall not, as the case may be, allow
any contractor to initiate the prosecution of projects under this Section unless
such contractor presents proof or evidence that he has posted the required bond.

(4) The contractor shall be entitled to a reasonable return of its investment in

accordance with its bid proposal as accepted by the local government unit
concerned. In the case of a build-operate-and-transfer agreement, the repayment
shall be made by authorizing the contractor to charge and collect reasonable tolls,
112

fees, rentals, and charges for the use of the project facility not exceeding those
proposed in the bid and incorporated in the contract: Provided, That the local
government unit concerned shall, based on reasonableness and equity, approve
the tolls, fees, rentals and charges: Provided, further, That the imposition and
collection of tolls, fees, rentals and charges shall be for a fixed period as proposed
in the bid and incorporated in the contract which shall in no case exceed fifty (50)
years: Provided, finally, That during the lifetime of the contract, the contractor
shall undertake the necessary maintenance and repair of the facility in
accordance with standards prescribed in the bidding documents and in the
contract. In the case of a build-operate-and-transfer agreement, the repayment
shall be made through amortization payments in accordance with the schedule
proposed in the bid and incorporated in the contract. In case of land reclamation
or construction of industrial estates, the repayment plan may consist of the grant
of a portion or percentage of the reclaimed land or the industrial estate
constructed.

(5) Every infrastructure project undertaken under this Section shall be

constructed, operated, and maintained by the contractor under the technical
supervision of the local government unit and in accordance with the plans,
specifications, standards, and costs approved by it.

(d) The provincial, city or municipal legal officer shall, as the case may be, review
the contracts executed pursuant to this Section to determine their legality,
validity, enforceability and correctness of form.

SEC. 303. Remedies and Sanctions. - Local government units shall appropriate in
their respective annual budgets such amounts as are sufficient to pay the loans
and other indebtedness incurred or redeem or retire bonds, debentures,
securities, notes and other obligations issued under this Title: Provided, That
failure to provide the appropriations herein required shall render their annual
budgets inoperative.

TITLE FIVE. - LOCAL FISCAL ADMINISTRATION

CHAPTER 1 - GENERAL PROVISIONS

SEC. 304. Scope. - This Title shall govern the conduct and management of
financial affairs, transactions, and operations of provinces, cities, municipalities,
and barangays.

SEC. 305. Fundamental Principles. - The financial affairs, transactions, and

operations of local government units shall be governed by the following
fundamental principles:

113

(a) No money shall be paid out of the local treasury except in pursuance of an
appropriations ordinance or law;

(b) Local government funds and monies shall be spent solely for public purposes;

(c) Local revenue is generated only from sources expressly authorized by law or
ordinance, and collection thereof shall at all times be acknowledged properly;

(d) All monies officially received by a local government officer in any capacity or
on any occasion shall be accounted for as local funds, unless otherwise provided
by law;

(e) Trust funds in the local treasury shall not be paid out except in fulfillment of
the purpose for which the trust was created or the funds received;

(f) Every officer of the local government unit whose duties permit or require the
possession or custody of local funds shall be properly bonded, and such officer
shall be accountable and responsible for said funds and for the safekeeping
thereof in conformity with the provisions of law;

(g) Local governments shall formulate sound financial plans, and the local
budgets shall be based on functions, activities, and projects, in terms of expected
results; pment plans, goals, and strategies in order to optimize the utilization of
resources and to avoid duplication in the use of fiscal and physical resources;

(i) Local budgets shall operationalize approved local development plans;

(j) Local government units shall ensure that their respective budgets incorporate
the requirements of their component units and provide for equitable allocation of
resources among these component units;

(k) National planning shall be based on local planning to ensure that the needs
and aspirations of the people as articulated by the local government units in their
respective local development plans are considered in the formulation of budgets
of national line agencies or offices;

(l) Fiscal responsibility shall be shared by all those exercising authority over the
financial affairs, transactions, and operations of the local government units; and

(m) The local government unit shall endeavor to have a balanced budget in each
fiscal year of operation.

SEC. 306. Definitions. - When used in this Title, the term - (a) "Annual Budget"
refers to a financial plan embodying the estimates of income and expenditures for
one (1) fiscal year;

114

 (b) "Appropriation" refers to an authorization made by ordinance, directing the

payment of goods and services from local government funds under specified
conditions or for specific purposes;

(c) "Budget Document" refers to the instrument used by the local chief executive
to present a comprehensive financial plan to the sanggunian concerned;

(d) "Capital Outlays" refers to appropriations for the purchase of goods and
services, the benefits of which extend beyond the fiscal year and which add to the
assets of the local government unit concerned, including investments in public
utilities such as public markets and slaughterhouses;

(e) "Continuing Appropriation" refers to an appropriation available to support

obligations for a specified purpose or projects, such as those for the construction
of physical structures or for the acquisition of real property or equipment, even
when these obligations are incurred beyond the budget year;

(f) "Current Operating Expenditures" refers to appropriations for the purchase of

goods and services for the conduct of normal local government operations within
the fiscal year, including goods and services that will be used or consumed during
the budget year;

(g) "Expected Results" refers to the services, products, or benefits that will accrue
to the public, estimated in terms of performance measures or physical targets;

(h) "Fund" refers to a sum of money, or other assets convertible to cash, set aside
for the purpose of carrying out specific activities or attaining certain objectives in
accordance with special regulations, restrictions, or limitations, and constitutes
an independent fiscal and accounting entity;

(i) "Income" refers to all revenues and receipts collected or received forming the
gross accretions of funds of the local government unit;

(j) "Obligations" refers to an amount committed to be paid by the local

government unit for any lawful act made by an accountable officer for and in
behalf of the local unit concerned;

(k) "Personal Services" refers to appropriations for the payment of salaries,

wages and other compensation of permanent, temporary, contractual, and casual
employees of the local government unit;

(l) "Receipts" refers to income realized from operations and activities of the local
government or are received by it in the exercise of its corporate functions,
consisting of charges for services rendered, conveniences furnished, or the price
of a commodity sold, as well as loans, contributions or aids from other entities,
except provisional advances for budgetary purposes; and

115

 (m) "Revenue" refers to income derived from the regular system of taxation
enforced under authority of law or ordinance, and, as such, accrue more or less
regularly every year.

CHAPTER 2 - LOCAL AND OTHER SPECIAL FUNDS

Article One. - Receipts, Safekeeping and Disposition of Local Funds

SEC. 307. Remittance of Government Monies to the Local Treasury. - Officers of

the local government authorized to receive and collect monies arising from taxes,
revenues, or receipts of any kind shall remit the full amount received and
collected to the treasury of such local government unit which shall be credited to
the particular account or accounts to which the monies in question properly
belong.

SEC. 308. Local Funds. - Every local government unit shall maintain a General
Fund which shall be used to account for such monies and resources as may be
received by and disbursed from the local treasury. The General Fund shall consist
of monies and resources of the local government which are available for the
payment of expenditures, obligations or purposes not specifically declared by law
as accruing and chargeable to, or payable from, any other fund.

SEC. 309. Special Funds. - There shall be maintained in every provincial, city, or
municipal treasury the following special funds:

(a) Special Education Fund (SEF) shall consist of the respective shares of
provinces, cities, municipalities and barangays in the proceeds of the additional
tax on real property to be appropriated for purposes prescribed in Section 272 of
this Code; and

(b) Trust Funds shall consist of private and public monies which have officially
come into the possession of the local government or of a local government official
as trustee, agent or administrator, or which have been received as a guaranty for
the fulfillment of some obligation. A trust fund shall only be used for the specific
purpose for which it was created or for which it came into the possession of the
local government unit.

SEC. 310. Separation of Books and Depository Accounts. - Local accountants and
treasurers shall maintain separate books and depository accounts, respectively,
for each fund in their custody or administration under such rules and regulations
as the Commission on Audit may prescribe.

SEC. 311. Depository Accounts. - Local treasurers shall maintain depository

accounts in the name of their respective local government units with banks,
preferably government-owned, located in or nearest to their respective areas of
jurisdiction. Earnings of each depository account shall accrue exclusively thereto.
116

SEC. 312. Separation of Personal Money from Public Funds. - Local treasurers
and other accountable officers shall keep personal monies separate and distinct
from local public funds in their custody and shall not make profit out of public
money or otherwise apply the same to any use not authorized by law or
ordinance.

Article Two. - Special Accounts

SEC. 313. Special Accounts to be Maintained in the General Fund. - Local

government units shall maintain special accounts in the general fund for the
following:

(a) Public utilities and other economic enterprises;

(b) Loans, interests, bond issues, and other contributions for specific purposes;
and

(c) Development projects funded from the share of the local government unit
concerned in the internal revenue allotment and such other special accounts
which may be created by law or ordinance. Receipts, transfers, and expenditures
involving the foregoing special accounts shall be properly taken up thereunder.
Profits or income derived from the operation of public utilities and other
economic enterprises, after deduction for the cost of improvement, repair and
other related expenses of the public utility or economic enterprise concerned,
shall first be applied for the return of the advances or loans made therefor. Any
excess shall form part of the general fund of the local government unit concerned.

CHAPTER 3. - BUDGETING

Article One. - Local Government Budgets

SEC. 314. Form and Content. - (a) Local government budgets shall primarily
consist of two (2) parts:

(1) The estimates of income; and

(2) The total appropriations covering the current operating expenditures and
capital outlays.
117

 (b) The budget document shall contain:

(1) A budget message of the local chief executive setting forth in brief the
significance of the executive budget, particularly in relation to the approved local
development plan;

(2) A brief summary of the functions, projects, and activities to be accomplished

in pursuit of the goals and objectives of the local government unit for the ensuing
fiscal year, specifically the delivery of basic services or facilities enumerated
under Section 17 of this Code;

(3) Summary of financial statements setting forth:

(i) The actual income and expenditures during the immediately preceding year;
(ii) The actual income and expenditures of the first two (2) quarters and the
estimates of income and expenditures for the last two (2) quarters of the current
fiscal year;

(iii) The estimates of income for the ensuing fiscal year from ordinances and laws
existing at the time the proposed budget is transmitted, together with other
revenue-raising proposals;

(iv) The estimated expenditures necessary to carry out the functions, projects,
and activities of the local government unit for the ensuing fiscal year;

(v) All essential facts regarding the bonded and other long-term obligations and
indebtedness of the local government unit, if any;

(vi) Summary statement of all statutory and contractual obligations due; and

(vii) Such other financial statements and data as are deemed necessary or
desirable in order to disclose in all practicable detail the financial condition of the
local government unit.

SEC. 315. Submission of Detailed Statements of Income and Expenditures. - (a)

On or before the fifteenth (15th) day of July of each year, local treasurers shall
submit to their respective local chief executives a certified statement covering the
income and expenditures of the preceding fiscal year, the actual income and
expenditures of the first two (2) quarters of the current year, and the estimated
income and expenditures for the last two (2) quarters of the current year.

SEC. 316. Local Finance Committee. - There is hereby created in every province,
city, or municipality a local finance committee to be composed of the local
planning and development officer, the local budget officer, and the local
treasurer. It shall exercise the following functions:

118

 (a) Determine the income reasonably projected as collectible for the ensuing
fiscal year;

(b) Recommend the appropriate tax and other revenue measures or borrowings
which may be appropriate to support the budget;

(c) Recommend to the local chief executive concerned the level of the annual
expenditures and the ceilings of spending for economic, social, and general
services based on the approved local development plans;

(d) Recommend to the local chief executive concerned the proper allocation of
expenditures for each development activity between current operating
expenditures and capital outlays;

(e) Recommend to the local chief executive concerned the amount to be allocated
for capital outlay under each development activity or infrastructure project;

(f) Assist the sangguniang panlalawigan in the review and evaluation of budget of
component cities and municipalities in the case of provincial finance committee,
the barangay budgets in the case of city or municipal finance committee, and
recommend the appropriate action thereon;

(g) Assist the sanggunian concerned in the analysis and review of annual regular
and supplemental budgets of the respective local government unit to determine
compliance with statutory and administrative requirements; and

(h) Conduct semi-annual review and general examination of cost and

accomplishments against performance standards applied in undertaking
development projects. A copy of this report shall be furnished the local chief
executive and the sanggunian concerned, and shall be posted in conspicuous and
publicly accessible places in the provinces, cities, municipalities and barangays.

SEC. 317. Submission of Budget Proposals by Heads of Departments or Offices. -

(a) Each head of department or office shall submit a budget proposal for his
department or office to the local chief executive on or before the fifteenth (15th)
of July of each year: Provided, That the budget proposal of each department or
office shall be categorized under either economic, social or general services:
Provided, further, That each service shall be covered by the budget of at least one
(1) department or office of the local government unit concerned. The said budget
proposal shall be prepared in accordance with such policy and program
guidelines as the local chief executive concerned may issue in conformity with the
local development plan, the budgetary ceilings prescribed by the local finance
committee, and the general requirements prescribed in this Title.

119

(b) Budget proposals of departments or offices shall be divided into two (2)
primary categories, namely: the current operating expenditures and the capital
outlays. Such budget proposals shall contain the following information:

(1) Objectives, functions, and projects showing the general character and relative
importance of the work to be accomplished or the services to be rendered, and the
cost thereof;

(2) Organizational charts and staffing patterns indicating the list of plantilla
positions with their corresponding salaries, and proposals for reclassification of
positions and salary changes, as well as the creation of new positions with their
proposed salary grade, duly supported by proper justification;

(3) Brief description of the functions, projects and activities for the ensuing fiscal
year, expected results for each function, project and activity, and the nature of
work to be performed, including the objects of expenditure for each function,
project and activity;

(4) Relation of the work and financial proposals to approved local development
plans;

(5) Estimated current operating expenditures and capital outlays with

comparative data for the last two (2) preceding, current, and ensuing fiscal years;
and

(6) Accomplishment reports for the last two (2) preceding and current fiscal
years.

SEC. 318. Preparation of the Budget by the Local Chief Executive. - Upon receipt
of the statements of income and expenditures from the treasurer, the budget
proposals of the heads of departments and offices, and the estimates of income
and budgetary ceilings from the local finance committee, the local chief executive
shall prepare the executive budget for the ensuing fiscal year in accordance with
the provisions of this Title. The local chief executive shall submit the said
executive budget to the sanggunian concerned not later than the sixteenth (16th)
of October of the current fiscal year. Failure to submit such budget on the date
prescribed herein shall subject the local chief executive to such criminal and
administrative penalties as provided for under this Code and other applicable
laws.

SEC. 319. Legislative Authorization of the Budget. - On or before the end of the
current fiscal year, the sanggunian concerned shall enact, through an ordinance,
the annual budget of the local government unit for the ensuing fiscal year on the
basis of the estimates of income and expenditures submitted by the local chief
executive.

120

SEC. 320. Effectivity of Budgets. - The ordinance enacting the annual budget
shall take effect at the beginning of the ensuing calendar year. An ordinance
enacting a supplemental budget, however, shall take effect upon its approval or
on the date fixed therein. The responsibility for the execution of the annual and
supplemental budgets and the accountability therefor shall be vested primarily in
th

SEC. 321. Changes in the Annual Budget. - All budgetary proposals shall be
included and considered in the budget preparation process. After the local chief
executive concerned shall have submitted the executive budget to the sanggunian,
no ordinance providing for a supplemental budget shall be enacted, except when
supported by funds actually available as certified by the local treasurer or by new
revenue sources.

A supplemental budget may also be enacted in times of public calamity by way of

budgetary realignment to set aside appropriations for the purchase of supplies
and materials or the payment of services which are exceptionally urgent or
absolutely indispensable to prevent imminent danger to, or loss of, life or
property, in the jurisdiction of the local government unit or in other areas
declared by the President in a state of calamity. Such ordinance shall clearly
indicate the sources of funds available for appropriations, as certified under oath
by the local treasurer and local accountant and attested by the local chief
executive, and the various items of appropriations affected and the reasons for
the change.

SEC. 322. Reversion of Unexpended Balances of Appropriations, Continuing

Appropriations. - Unexpended balances of appropriations authorized in the
annual appropriations ordinance shall revert to the unappropriated surplus of the
general fund at the end of the fiscal year and shall not thereafter be available for
expenditure except by subsequent enactment. However, appropriations for
capital outlays shall continue and remain valid until fully spent, reverted or the
project is completed. Reversions of continuing appropriations shall not be
allowed unless obligations therefor have been fully paid or otherwise settled. The
balances of continuing appropriations shall be reviewed as part of the annual
budget preparation and the sanggunian concerned may approve, upon
recommendation of the local chief executive, the reversion of funds no longer
needed in connection with the activities funded by said continuing appropriations
subject to the provisions of this Section.

SEC. 323. Failure to Enact the Annual Appropriations. - In case the sanggunian
concerned fails to pass the ordinance authorizing the annual appropriations at
the beginning of the ensuing fiscal year, it shall continue to hold sessions, without
additional remuneration for its members, until such ordinance is approved, and
no other business may be taken up during such sessions. If the sanggunian still
fails to enact such ordinance after ninety (90) days from the beginning of the
fiscal year, the ordinance authorizing the appropriations of the preceding year
121

shall be deemed reenacted and shall remain in force and effect until the
ordinance authorizing the proposed appropriations is passed by the sanggunian
concerned. However, only the annual appropriations for salaries and wages of
existing positions, statutory and contractual obligations, and essential operating
expenses authorized in the annual and supplemental budgets for the preceding
year shall be deemed reenacted and disbursement of funds shall be in accordance
therewith. In the implementation of such reenacted ordinance, the local treasurer
concerned shall exclude from the estimates of income for the preceding fiscal year
those realized from nonrecurring sources, like national aids, proceeds from loans,
sale of assets, prior year adjustments, and other analogous sources of income. No
ordinance authorizing supplemental appropriations shall be passed in place of
the annual appropriations. In case the revised income estimates be less than the
aggregate reenacted appropriations, the local treasurer concerned shall
accordingly advise the sanggunian concerned which shall, within ten (10) days
from the receipt of such advice, make the necessary adjustments or reductions.
The revised appropriations authorized by the sanggunian concerned shall then be
the basis for disbursements.

SEC. 324. Budgetary Requirements. - The budgets of local government units for
any fiscal year shall comply with the following requirements: (a) The aggregate
amount appropriated shall not exceed the estimates of income;

(b) Full provision shall be made for all statutory and contractual obligations of
the local government unit concerned: Provided, however, That the amount of
appropriations for debt servicing shall not exceed twenty percent (20%) of the
regular income of the local government unit concerned;

(c) In the case of provinces, cities, and municipalities, aid to component

barangays shall be provided in amounts of not less than One thousand pesos
(P=1,000.00) per barangay; and

(d) Five percent (5%) of the estimated revenue from regular sources shall be set
aside as an annual lump sum appropriation for unforeseen expenditures arising
from the occurrence of calamities: Provided, however, That such appropriation
shall be used only in the area, or a portion thereof, of the local government unit or
other areas declared by the President in a state of calamity.

SEC. 325. General Limitations. - The use of the provincial, city, and municipal
funds shall be subject to the following limitations:

(a) The total appropriations, whether annual or supplemental, for personal

services of a local government unit for one (1) fiscal year shall not exceed forty-
five percent (45%) in the case of first to third class provinces, cities, and
municipalities, and fifty-five percent (55%) in the case of fourth class or lower, of
the total annual income from regular sources realized in the next preceding fiscal
year. The appropriations for salaries, wages, representation and transportation
122

allowances of officials and employees of the public utilities and economic

enterprises owned, operated, and maintained by the local government unit
concerned shall not be included in the annual budget or in the computation of the
maximum amount for personal services. The appropriations for the personal
services of such economic enterprises shall be charged to their respective budgets;

(b) No official or employee shall be entitled to a salary rate higher than the
maximum fixed for his position or other positions of equivalent rank by
applicable laws or rules and regulations issued thereunder;

(c) No local fund shall be appropriated to increase or adjust salaries or wages of

officials and employees of the national government, except as may be expressly
authorized by law; (d) In cases of abolition of positions and the creation of new
ones resulting from the abolition of existing positions in the career service, such
abolition or creation shall be made in accordance with pertinent provisions of this
code and the civil service law, rules and regulations;

(e) Positions in the official plantilla for career positions which are occupied by
incumbents holding permanent appointments shall be covered by adequate
appropriations;

(f) No changes in designation or nomenclature of positions resulting in a

promotion or demotion in rank or increase or decrease in compensation shall be
allowed, except when the position is actually vacant, and the filling of such
positions shall be strictly made in accordance with the civil service law, rules and
regulations; (g) The creation of new positions and salary increases or adjustments
shall in no case be made retroactive; and

(h) The annual appropriations for discretionary purposes of the local chief
executive shall not exceed two percent (2%) of the actual receipts derived from
basic real property tax in the next preceding calendar year. Discretionary funds
shall be disbursed only for public purposes to be supported by appropriate
vouchers and subject to such guidelines as may be prescribed by law. No amount
shall be appropriated for the same purpose except as authorized under this
Section.

SEC. 326. Review of Appropriation Ordinances of provinces, Highly-Urbanized

Cities, Independent Component Cities, and Municipalities within the
Metropolitan Manila Area. - The Department of Budget and Management shall
review ordinances authorizing the annual or supplemental appropriations of
provinces, highly-urbanized cities, independent component cities, and
municipalities within the Metropolitan Manila Area in accordance with the
immediately succeeding Section.

SEC. 327. Review of Appropriation Ordinances of Component Cities and

Municipalities. - The sangguniang panlalawigan shall review the ordinance
123

authorizing annual or supplemental appropriations of component cities and

municipalities in the same manner and within the same period prescribed for the
review of other ordinances. If within ninety (90) days from receipt of copies of
such ordinance, the sangguniang panlalawigan takes no action thereon, the same
shall be deemed to have been reviewed in accordance with law and shall continue
to be in full force and effect. If within the same period, the sangguniang
panlalawigan shall have ascertained that the ordinance authorizing annual or
supplemental appropriations has not complied with the requirements set forth in
this Title, the sangguniang panlalawigan shall, within the ninety-day period
hereinabove prescribed, declare such ordinance inoperative in its entirety or in
part. Items of appropriation contrary to limitations prescribed in this Title or in
excess of the amounts prescribed herein shall be disallowed or reduced
accordingly. The sangguniang panlalawigan shall within the same period advise
the sangguniang panlungsod or sangguniang bayan concerned through the local
chief executive of any action on the ordinance under review. Upon receipt of such
advice, the city or municipal treasurer concerned shall not make further
disbursements of funds from any of the items of appropriation declared
inoperative, disallowed or reduced.

SEC. 328. Duration of Appropriation. - Appropriations for ordinary

administrative purposes not duly obligated shall terminate with the fiscal year
and all unexpended balances thereof shall be automatically reverted on the thirty-
first (31st) day of December of each year to the general fund of the local
government unit.

Article Two. - Barangay Budgets

SEC. 329. Barangay Funds. - Unless otherwise provided in this Title, all the
income of the barangay from whatever source shall accrue to its general fund and
shall, at the option of the barangay concerned, be kept as trust fund in the
custody of the city or municipal treasurer or be deposited in a bank, preferably
government-owned, situated in or nearest to its area of jurisdiction. Such funds
shall be disbursed in accordance with the provisions of this Title. Ten percent
(10%) of the general fund of the barangay shall be set aside for the sangguniang
kabataan.

SEC. 330. Submission of Detailed Statements of Income and Expenditures for

the Barangay Budgets. - On or before the fifteenth (15th) day of September of
each year, the barangay treasurer shall submit to the punong barangay a
statement covering the estimates of income and expenditures for the ensuing
fiscal year, based on a certified statement issued by the city or municipal
treasurer covering the estimates of income from local sources for the barangay
concerned.

124

SEC. 331. Preparation of the Barangay Budget. - (a) Upon receipt of the statement
of income and expenditures from the barangay treasurer, the punong barangay
shall prepare the barangay budget for the ensuing fiscal year in the manner and
within the period prescribed in this Title and submit the annual barangay budget
to the sangguniang barangay for legislative enactment.

(b) The total annual appropriations for personal services of a barangay for one (1)
fiscal year shall not exceed fifty-five percent (55%) of the total annual income
actually realized from local sources during the next preceding fiscal year.

(c) The barangay budget shall likewise be subject to the same budgetary
requirements and limitations hereinabove prescribed.

SEC. 332. Effectivity of Barangay Budgets. - The ordinance enacting the annual
budget shall take effect at the beginning of the ensuing calendar year. An
ordinance enacting a supplemental budget, however, shall take effect upon its
approval or on the date fixed therein. The responsibility for the execution of the
annual and supplemental budgets and the accountability therefor shall be vested
primarily in the punong barangay concerned.

SEC. 333. Review of the Barangay Budget. - (a) Within ten (10) days from its
approval, copies of the barangay ordinance authorizing the annual appropriations
shall be furnished the sangguniang panlungsod or the sangguniang bayan, as the
case may be, through the city or municipal budget officer. The sanggunian
concerned shall have the power to review such ordinance in order to ensure that
the provisions of this Title are complied with. If within sixty (60) days after the
receipt of the ordinance, the sanggunian concerned takes no action thereon, the
same shall continue to be in full force and effect. If within the same period, the
sanggunian concerned shall have ascertained that the ordinance contains
appropriations in excess of the estimates of the income duly certified as
collectible, or that the same has not complied with the budgetary requirements
set forth in this Title, the said ordinance shall be declared inoperative in its
entirety or in part. Items of appropriation contrary to, or in excess of, any of the
general limitations or the maximum amount prescribed in this Title shall be
disallowed or reduced accordingly.

(b) Within the period hereinabove fixed, the sangguniang panlungsod or

sangguniang bayan concerned shall return the barangay ordinance, through the
city or municipal budget officer, to the punong barangay with the advice of action
thereon for proper adjustments, in which event, the barangay shall operate on the
ordinance authorizing annual appropriations of the preceding fiscal year until
such time that the new ordinance authorizing annual appropriations shall have
met the objections raised. Upon receipt of such advice, the barangay treasurer or
the city or municipal treasurer who has custody of the funds shall not make
further disbursement from any item of appropriation declared inoperative,
disallowed, or reduced.
125

SEC. 334. Barangay Financial Procedures. - (a) The barangay treasurer shall
collect all taxes, fees, and other charges due and contributions accruing to the
barangay for which he shall issue official receipts, and shall deposit all collections
with the city or municipal treasury or in the depository account maintained in the
name of the barangay within five (5) days after receipt thereof. He may collect
real property taxes and such other taxes as may be imposed by a province, city or
municipality that are due in his barangay only after being deputized by the local
treasurer concerned for the purpose.

(b) The barangay treasurer may be authorized by the sangguniang barangay to

make direct purchases amounting to not more than One thousand pesos
(P=1,000.00) at any time for the ordinary and essential needs of the barangay.
The petty cash that the barangay treasurer may be authorized to hold for the
purpose shall not exceed twenty percent (20%) of the funds available and to the
credit of the barangay treasury.

(c) The financial records of the barangay shall be kept in the office of the city or
municipal accountant in simplified manner as prescribed by the Commission on
Audit. Representatives of the Commission on Audit shall audit such accounts
annually or as often as may be necessary and make a report of the audit to the
sangguniang panlungsod or sangguniang bayan, as the case may be. The
Commission on Audit shall prescribe and put into effect simplified procedures for
barangay finances within six (6) months following the effectivity of this Code.

CHAPTER 4. - EXPENDITURES, DISBURSEMENTS, ACCOUNTING

AND ACCOUNTABILITY

SEC. 335. Prohibitions Against Expenditures for Religious or Private Purposes. -

No public money or property shall be appropriated or applied for religious or
private purposes.

SEC. 336. Use of Appropriated Funds and Savings. - Funds shall be available
exclusively for the specific purpose for which they have been appropriated. No
ordinance shall be passed authorizing any transfer of appropriations from one
item to another. However, the local chief executive or the presiding officer of the
sanggunian concerned may, by ordinance, be authorized to augment any item in
the approved annual budget for their respective offices from savings in other
items within the same expense class of their respective appropriations.

126

SEC. 337. Restriction Upon Limit of Disbursements. - Disbursements in

accordance with appropriations in the approved annual budget may be made
from any local fund in the custody of the treasurer, but the total disbursements
from any local fund shall in no case exceed fifty percent (50%) of the uncollected
estimated revenue accruing to such local fund in addition to the actual
collections: Provided, however, That no cash overdraft in any local fund shall be
incurred at the end of the fiscal year. In case of emergency arising from a
typhoon, earthquake, or any other calamity, the sanggunian concerned may
authorize the local treasurer to continue making disbursements from any local
fund in his possession in excess of the limitations herein provided, but only for
such purposes and amounts included in the approved annual budgets. Any
overdraft which may be incurred at the end of the year in any local fund by virtue
of the provisions hereof shall be covered with the first collections of the
immediately succeeding fiscal year accruing to such local fund.

SEC. 338. Prohibitions Against Advance Payments. - No money shall be paid on

account of any contract under which no services have been rendered or goods
delivered.

SEC. 339. Cash Advances. - No cash advance shall be granted to any local official
or employee, elective or appointive, unless made in accordance with the rules and
regulations as the Commission on Audit may prescribe.

SEC. 340. Persons Accountable for Local Government Funds. - Any officer of the
local government unit whose duty permits or requires the possession or custody
of local government funds shall be accountable and responsible for the
safekeeping thereof in conformity with the provisions of this Title. Other local
officers who, though not accountable by the nature of their duties, may likewise
be similarly held accountable and responsible for local government funds through
their participation in the use or application thereof.

SEC. 341. Prohibitions Against Pecuniary Interest. - Without prejudice to

criminal prosecution under applicable laws, any local treasurer, accountant,
budget officer, or other accountable local officer having any pecuniary interest,
direct or indirect, in any contract, work or other business of the local government
unit of which he is an accountable officer shall be administratively liable therefor.

SEC. 342. Liability for Acts Done Upon Direction of Superior Officer, or Upon
Participation of Other Department Heads or Officers of Equivalent Rank. -
Unless he registers his objection in writing, the local treasurer, accountant,
budget officer, or other accountable officer shall not be relieved of liability for
illegal or improper use or application or deposit of government funds or property
by reason of his having acted upon the direction of a superior officer, elective or
appointive, or upon participation of other department heads or officers of
equivalent rank. The superior officer directing, or the department head
participating in such illegal or improper use or application or deposit of
127

government funds or property, shall be jointly and severally liable with the local
treasurer, accountant, budget officer, or other accountable officer for the sum or
property so illegally or improperly used, applied or deposited.

SEC. 343. Prohibition Against Expenses for Reception and Entertainment. - No

money shall be appropriated, used, or paid for entertainment or reception except
to the extent of the representation allowances authorized by law or for the
reception of visiting dignitaries of foreign governments or foreign missions, or
when expressly authorized by the President in specific cases.

SEC. 344. Certification on, and Approval of, Vouchers. - No money shall be
disbursed unless the local budget officer certifies to the existence of appropriation
that has been legally made for the purpose, the local accountant has obligated
said appropriation, and the local treasurer certifies to the availability of funds for
the purpose. Vouchers and payrolls shall be certified to and approved by the head
of the department or office who has administrative control of the fund concerned,
as to validity, propriety, and legality of the claim involved. Except in cases of
disbursements involving regularly recurring administrative expenses such as
payrolls for regular or permanent employees, expenses for light, water, telephone
and telegraph services, remittances to government creditor agencies such as the
GSIS, SSS, LBP, DBP, National Printing Office, Procurement Service of the DBM
and others, approval of the disbursement voucher by the local chief executive
himself shall be required whenever local funds are disbursed. In cases of special
or trust funds, disbursements shall be approved by the administrator of the fund.
In case of temporary absence or incapacity of the department head or chief of
office, the officer next-in-rank shall automatically perform his function and he
shall be fully responsible therefor.

SEC. 345. Officials Authorized to Draw Checks in Settlement of Obligations. -

Checks in settlement of obligations shall be drawn by the local treasurer and
countersigned by the local administrator. In case of temporary absence or
incapacity of the foregoing officials, these duties shall devolve upon their
immediate assistants.

SEC. 346. Disbursements of Local Funds and Statement of Accounts. -

Disbursements shall be made in accordance with the ordinance authorizing the
annual or supplemental appropriations without the prior approval of the
sanggunian concerned. Within thirty (30) days after the close of each month, the
local accountant shall furnish the sanggunian with such financial statements as
may be prescribed by the Commission on Audit . In the case of the year-end
statement of accounts, the period shall be sixty (60) days after the thirty-first
(31st) of December.

SEC. 347. Rendition of Accounts. - Local treasurers, accountants and other local
accountable officers shall render their accounts within such time, in such form,
style, and content and under such regulations as the Commission on Audit may
128

prescribe. Provincial, city, and municipal auditors shall certify the balances
arising in the accounts settled by them to the Chairman of the Commission on
Audit and to the local treasurer, accountant, and other accountable officers.
Copies of the certification shall be prepared and furnished other local officers who
may be held jointly and severally liable for any loss or illegal, improper or
unauthorized use or misappropriation of local funds or property.

SEC. 348. Auditorial Visitation. - The books, accounts, papers, and cash of local
treasurer, accountant, budget officer, or other accountable officers shall at all
times be open for inspection of the Commission on Audit or its duly authorized
representative. In case an examination of the accounts of a local treasurer
discloses a shortage in cash which should be on hand, it shall be the duty of the
examining officer to seize the office and its contents, notify the Commission on
Audit, the local chief executive concerned, and the local accountant. Thereupon,
the examining officer shall immediately turn over to the accountable officer next-
in- rank in the local treasury service, unless the said officer is likewise under
investigation, the office of the treasurer and its contents, and close and render his
accounts on the date of turnover. In case the accountable officer next in rank is
under investigation, the auditor shall take full possession of the office and its
contents, close and render his accounts on the date of taking possession, and
temporarily continue the public business of such office until such time that the
local treasurer is restored or a successor has been duly designated. The local
treasurer or accountable officer found with such shortage shall be automatically
suspended from office.

SEC. 349. Accounting for Revenues. - Estimated revenues which remain

unrealized at the close of the fiscal year shall not be booked or credited to the
unappropriated surplus or any other account.

SEC. 350. Accounting for Obligations. - All lawful expenditures and obligations
incurred during a fiscal year shall be taken up in the accounts of that year.

SEC. 351. General Liability for Unlawful Expenditures. - Expenditures of funds

or use of property in violation of this Title and other laws shall be a personal
liability of the official or employee responsible therefor.

SEC. 352. Posting of the Summary of Income and Expenditures. - Local

treasurers, accountants, budget officers and other accountable officers shall,
within thirty (30) days from the end of each fiscal year, post in at least three (3)
publicly accessible and conspicuous places in the local government unit a
summary of all revenues collected and funds received including the
appropriations and disbursements of such funds during the preceding fiscal year.

SEC. 353. The Official Fiscal Year. - The official fiscal year of local government
units shall be the period beginning with the first day of January and ending with
the thirty-first day of December of the same year.
129

SEC. 354. Administrative Issuances; Budget Operations Manual. - The Secretary

of Budget and Management jointly with the Chairman of the Commission on
Audit shall, within one (1) year from the effectivity of this Code, promulgate a
Budget Operations Manual for local government units to improve and
systematize methods, techniques, and procedures employed in budget
preparation, authorization, execution, and accountability.

TITLE VI. - PROPERTY AND SUPPLY MANAGEMENT IN THE LOCAL

GOVERNMENT UNITS

SEC. 355. Scope. - This Title shall govern the procurement, care, utilization,
custody, and disposal of supplies, as defined herein, by local government units
and the other aspects of supply management at the local levels.

SEC. 356. General Rule in Procurement or Disposal.- Except as otherwise

provided herein, acquisition of supplies by local government units shall be
through competitive public bidding. Supplies which have become unserviceable
or no longer needed shall be sold, whenever applicable, at public auction, subject
to applicable rules and regulations.

SEC. 357. Definition of Terms. - When used in this Title, the term -

(a) "Lowest Complying and Responsible Bid" refers to the proposal of one who
offers the lowest price, meets all the technical specifications and requirements of
the supplies desired and, as a dealer in the line of supplies involved, maintains a
regular establishment, and has complied consistently with previous
commitments;

(b) "Suitable Substitute" refers to that kind of article which would serve
substantially the same purpose or produce substantially the same results as the
brand, type, or make of article originally desired or requisitioned;

(c) "Supplies" includes everything, except real property, which may be needed in
the transaction of public business or in the pursuit of any undertaking, project, or
activity, whether in the nature of equipment, furniture, stationary materials for
construction or personal property of any sort, including non-personal or
contractual services such as the repair and maintenance of equipment and
furniture, as well as trucking, hauling, janitorial, security, and related services;
and

(d) "Terms and Conditions" refer to other requirements not affecting the
technical specifications and requirements of the required supplies desired such as
bonding, terms of delivery and payment, and related preferences.

130

SEC. 358. Requirement of Requisition. - Any order for supplies shall be filled by
the provincial or city general services officer or the municipal or barangay
treasurer concerned, as the case may be, for any office or department of a local
government unit only upon written requisition as hereinafter provided.

SEC. 359. Officers Having Authority to Draw Requisitions. - Requisitions shall

be prepared by the head of office or department needing the supplies, who shall
certify as to their necessity for official use and specify the project or activity where
the supplies are to be used.

SEC. 360. Certification by the Local Budget Officer, Accountant, and Treasurer.
- Every requisition must be accompanied by a certificate signed by the local
budget officer, the local accountant, and the local treasurer showing that an
appropriation therefor exists, the estimated amount of such expenditure has been
obligated, and the funds are available for the purpose, respectively.

SEC. 361. Approval of Requisitions. - Approval of the requisition by the head of

office or department concerned who has administrative control of the
appropriation against which the proposed expenditure is chargeable is deemed
sufficient, except in case of requisition for supplies to be carried in stock which
shall be approved by the local chief executive concerned: Provided, That such
supplies are listed or included in the annual procurement plan and the maximum
quantity thereof does not exceed the estimated consumption corresponding to a
programmed three-month period: Provided, further, That nothing herein
contained shall be held as authorizing the purchase of furniture and equipment
for stock purposes.

SEC. 362. Call for Bids. - When procurement is to be made by local government
units, the provincial or city general services officer or the municipal or barangay
treasurer shall call bids for open public competition. The call for bids shall show
the complete specifications and technical descriptions of the required supplies
and shall embody all terms and conditions of participation and award, terms of
delivery and payment, and all other covenants affecting the transaction. In all
calls for bids, the right to waive any defect in the tender as well as the right to
accept the bid most advantageous to the government shall be reserved. In no case,
however, shall failure to meet the specifications or technical requirements of the
supplies desired be waived.

SEC. 363. Publication of Call for Bids. - The call for bids shall be given the widest
publicity possible, sending, by mail or otherwise, any known prospective
participant in the locality, of copies of the call and by posting copies of the same
in at least three (3) publicly accessible and conspicuous places in the provincial
capitol or city, municipal, or barangay hall, as the case may be. The notice of the
bidding may likewise be published in a newspaper of general circulation in the
territorial jurisdiction of the local government unit concerned when the
provincial or city general services officer or the municipal or barangay treasurer,
131

as the case may be, deems it necessary in order to obtain the lowest responsible
and complying bid. The opening of bids shall only be made in the presence of the
provincial or city auditor or his duly authorized representative who shall initial
and secure copies of the bids and certify the abstract of the bidding.

SEC. 364. The Committee on Awards. - There shall be in every province, city or
municipality a committee on awards to decide the winning bids and questions of
awards on procurement and disposal of property. The Committee on Awards shall
be composed of the local chief executive as chairman, the local treasurer, the local
accountant, the local budget officer, the local general services officer, and the
head of office or department for whose use the supplies are being procured, as
members. In case a head of office or department would sit in a dual capacity, a
member of the sanggunian elected from among its members shall sit as a
member. The committee on awards at the barangay level shall be the sangguniang
barangay. No national official shall sit as a member of the committee on awards.
The results of the bidding shall be made public by conspicuously posting the same
in the provincial capitol or city, municipal, or barangay hall.

SEC. 365. Rule on Awards. - Awards in the procurement of supplies shall be

given to the lowest complying and responsible bid which meets all the terms and
conditions of the contract or undertaking.

SEC. 366. Procurement Without Public Bidding. - Procurement of supplies may

be made without the benefit of public bidding under any of the following modes:

(a) Personal canvass of responsible merchants;

(b) Emergency purchase;

(c) Negotiated purchase;

(d) Direct purchase from manufacturers or exclusive distributors; and

(e) Purchase from other government entities.

SEC. 367. Procurement through Personal Canvass. - Upon approval by the

Committee on Awards, procurement of supplies may be effected after personal
canvass of at least three (3) responsible suppliers in the locality by a committee of
three (3) composed of the local general services officer or the municipal or
barangay treasurer, as the case may be, the local accountant, and the head of
office or department for whose use the supplies are being procured. The award
shall be decided by the Committee on Awards. Purchases under this Section shall
not exceed the amounts specified hereunder for all items in any one (1) month for
each local government unit:

132

 Provinces and Cities and Municipalities within the Metropolitan Manila

Area:

First and Second Class - One hundred fifty thousand pesos (P150,000.00)
Third and Fourth Class - One hundred thousand pesos (P100,000.00)
Fifth and Sixth Class - Fifty thousand pesos (P50,000.00)

Municipalities:

First Class - Sixty thousand pesos (P60,000.00)

Second and Third Class - Forty thousand pesos (P40,000.00)
Fourth Class and Below - Twenty thousand pesos (P20,000.00)

SEC. 368. Emergency Purchase. - In cases of emergency where the need for the
supplies is exceptionally urgent or absolutely indispensable and only to prevent
imminent danger to, or loss of, life or property, local government units may,
through the local chief executive concerned, make emergency purchases or place
repair orders, regardless of amount, without public bidding . Delivery of purchase
orders or utilization of repair orders pursuant to this Section shall be made within
ten (10) days after placement of the same. Immediately after the emergency
purchase or repair order is made, the chief of office or department making the
emergency purchase or repair order shall draw a regular requisition to cover the
same which shall contain the following:

(a) A complete description of the supplies acquired or the work done or to be

performed;

(b) By whom furnished or executed;

(c) Date of placing the order and the date and time of delivery or execution;

(d) The unit price and the total contract price;

(e) A brief and concise explanation of the circumstances why procurement was of
such urgency that the same could not be done through the regular course without
involving danger to, or loss of, life or property;

(f) A certification of the provincial or city general services or the municipal or

barangay treasurer, as the case may be, to the effect that the price paid or
contracted for was the lowest at the time of procurement; and

(g) A certification of the local budget officer as to the existence of appropriations

for the purpose, the local accountant as to the obligation of the amount involved,
and the local treasurer as to the availability of funds. The goods or services
procured under this Section must be utilized or availed of within fifteen (15) days
from the date of delivery or availability. Without prejudice to criminal
prosecution under applicable laws, the local chief executive, the head of
133

department, or the chief of office making the procurement shall be

administratively liable for any violation of this Section and shall be a ground for
suspension or dismissal from service.
SEC. 369. Negotiated Purchase. - (a) In cases where public biddings have failed
for two (2) consecutive times and no suppliers have qualified to participate or win
in the biddings, local government units may, through the local chief executive
concerned, undertake the procurement of supplies by negotiated purchase,
regardless of amount, without public bidding: Provided, however, That the
contract covering the negotiated purchase shall be approved by the sanggunian
concerned. Delivery of purchase orders or utilization of repair orders pursuant to
this Section shall be made within seven (7) days after placement of the same.
Immediately after the negotiated purchase or repair order is made, the local chief
executive concerned shall draw a regular requisition to cover the same which
shall contain the following:

(1) A complete description of the supplies acquired or the work done or to be

performed;

(2) By whom furnished or executed;

(3) Date of placing the order and the date and time of delivery or execution;

(4) The unit price and the total contract price;

(5) A certification of the provincial or city general services or the municipal or

barangay treasurer, as the case may be, to the effect that the price paid or
contracted for was the lowest at the time of procurement;

(6) A certification to the effect that the price paid or contracted for was the lowest
at the time of procurement; and

(7) A certification of the local budget officer as to the existence of appropriations

for the purpose, the local accountant as to the obligation of the amount involved,
and the local treasurer as to the availability of funds.

(b) In case of repeat orders for regular supplies, procurement may be made by
negotiated purchase: Provided, That the repeat order is made within three (3)
months from the last procurement of the same item: Provided, further, That the
same terms and conditions of sale are obtained for the said repeat order.

SEC. 370. Procurement from Duly Licensed Manufacturer. - Procurement may

be made directly from duly licensed manufacturers in cases of supplies of
Philippine manufacture or origin and in case there are two (2) or more
manufacturers of the required supplies, canvass of the known manufacturers
shall be conducted to obtain the lowest price for the quality of the said supplies.

134

SEC. 371. Procurement from Exclusive Philippine Agents or Distributors. -

Procurement may, in the case of supplies of foreign origin, preferably be made
directly from the exclusive or reputable Philippine distributors or agents, subject
to the following conditions:

(a) That the Philippine distributor has no subdealers selling at lower prices; and

(b) That no suitable substitutes of substantially the same quality are available at
lower prices.

SEC. 372. Procurement from Government Entities. - Procurement may be made

directly from government entities producing the required supplies, including
units or agencies of foreign governments with which the Philippines maintains
diplomatic relations. In the latter case, prior authority from the Office of the
President shall be required.

SEC. 373. Annual Procurement Program. - (a) On or before the fifteenth (15th)
day of July each year, the local chief executive shall prepare an annual
procurement program for the ensuing fiscal year which shall contain an itemized
list of the estimated quantity of supplies needed for such year, a complete
description thereof as to kind, quality, estimated cost, and balance on hand:
Provided, however, That the total estimated cost of the approved annual
procurement program shall not exceed the total appropriations authorized for the
acquisition of supplies. The local government units may augment the supplies
and equipment provided by the Supreme Court to the lower courts located in
their respective jurisdictions.

(b) Except in emergency cases or where urgent indispensable needs could not
have been reasonably anticipated, no purchase of supplies shall be made unless
included in, or covered by, the approved procurement program.

(c) The conversion of excess cash into supplies stock is hereby prohibited except
to the extent of the kind and quantity specified in the approved annual
procurement plan. A violation of this Section shall be a ground for suspension or
dismissal of any official or employee responsible therefor.

SEC. 374. Establishment of an Archival System. - Every local government unit

shall provide for the establishment of an archival system to ensure the safety and
protection of all government property, public documents or records such as
records of births, marriages, property inventory, land assessments, land
ownership, tax payments, tax accounts, and business permits, and such other
records or documents of public interest in the various departments and offices of
the provincial, city, or municipal government concerned.

SEC. 375. Primary and Secondary Accountability for Government Property. -

(a) Each head of department or office of a province, city, municipality or barangay
135

shall be primarily accountable for all government property assigned or issued to

his department or office. The person or persons entrusted with the possession or
custody of government property under the accountability of any head of
department or office shall be immediately accountable to such officer.

(b) The head of a department or office primarily accountable for government

property may require any person in possession of the property or having custody
and control thereof under him to keep such records and make reports as may be
necessary for his own information and protection.

(c) Buildings and other physical structures shall be under the accountability and
responsibility of the provincial or city general services officer or the municipal
mayor or punong barangay, as the case may be.

(d) Every officer primarily accountable for government property shall keep a
complete record of all properties under his charge and render his accounts
therefor semiannually to the provincial or city general services officer or the
municipal mayor or punong barangay, as the case may be.

SEC. 376. Responsibility for Proper Use and Care of Government Property. -
The person in actual physical possession of government property or entrusted
with its custody and control shall be responsible for its proper use and care and
shall exercise due diligence in the utilization and safekeeping thereof.

SEC. 377. Measure of Liability of Persons Accountable for Government Property.

- (a) The person immediately accountable for government property shall be liable
for its money value in case of the illegal, improper or unauthorized use or
misapplication thereof, by himself or any other person for whose acts he may be
responsible, and he shall be liable for all loss, damage, or deterioration
occasioned by negligence in the keeping or use of such property unless it is
proved that he has exercised due diligence and care in the utilization and
safekeeping thereof.

(b) Unless he registers his objection in writing, an accountable person shall not
be relieved from liability by reason of his having acted under the direction of a
superior officer in using property with which he is chargeable; but the officer
directing any illegal, unauthorized or improper use of property shall first be
required to answer therefor.

(c) In cases of loss, damage, or deterioration of government property arising

from, or attributable to, negligence in security, the head of the security agency
shall be held liable therefor.

SEC. 378. Credit for Loss Occurring in Transit or Due to Casualty. - When a loss
of government property occurs while the same is in transit or is caused by fire,
theft, force majeure, or other casualty, the officer accountable therefor or having
136

custody thereof shall immediately notify the provincial or city auditor concerned
within thirty (30) days from the date the loss occurred or for such longer period
as the provincial, city or municipal auditor, as the case may be, may in the
particular case allow, and he shall present his application for relief, with the
available evidence in support thereof. An officer who fails to comply with this
requirement shall not be relieved of liability or allowed credit for any such loss in
the settlement of his accounts. A provincial, city or municipal auditor shall not
allow credit for these losses unless so expressly authorized by the Chairman of the
Commission on Audit , to be exercised only if the loss is not in excess of fifty
thousand pesos (P=50,000.00). In any case when the allowance of credit is not
within the competence of the provincial, city or municipal auditor, the application
and evidence, with the recommendation of the auditor concerned, shall be
forwarded to the Chairman of the Commission on Audit for his appropriate
action.

SEC. 379. Property Disposal. - When property of any local government unit has
become unserviceable for any cause or is no longer needed, it shall, upon
application of the officer accountable therefor, be inspected and appraised by the
provincial, city or municipal auditor , as the case may be, or his duly authorized
representative or that of the Commission on Audit and, if found valueless or
unusable, shall be destroyed in the presence of the inspecting officer. If found
valuable, the same shall be sold at public auction to the highest bidder under the
supervision of the committee on awards and in the presence of the provincial, city
or municipal auditor or his duly authorized representative. Notice of the public
auction shall be posted in at least three (3) publicly accessible and conspicuous
places, and if the acquisition cost exceeds One hundred thousand pesos
(P=100,000.00) in the case of provinces and cities, and Fifty thousand
(P=50,000.00) in the case of municipalities, notice of auction shall be published
at least two (2) times within a reasonable period in a newspaper of general
circulation in the locality.

SEC. 380. Negotiated Sale of Property. - Property no longer needed may also be
disposed of at a private sale at such price as may be determined by the committee
on awards, subject to the approval of the Commission on Audit or its duly
authorized representative when the acquisition or transfer cost of the property
exceeds Fifty thousand pesos (P=50,000.00) in the case of provinces and cities,
and Twenty-five thousand (P=25,000.00) in the case of municipalities and
barangays. In case of real property, the disposal shall be subject to the approval of
the Commission on Audit regardless of the value or cost involved.

SEC. 381. Transfer Without Cost. - Property which has become unserviceable or
is no longer needed may be transferred without cost to another office, agency,
subdivision or instrumentality of the national government or another local
government unit at an appraised valuation determined by the local committee on
awards. Such transfer shall be subject to the approval of the sanggunian

137

concerned making the transfer and by the head of the office, agency, subdivision,
instrumentality or local government unit receiving the property.

SEC. 382. Tax Exemption Privileges of Local Government Units. - Local

government units shall be exempt from the payment of duties and taxes for the
importation of heavy equipment or machineries which shall be used for the
construction, improvement, repair, and maintenance of roads, bridges and other
infrastructure projects, as well as garbage trucks, fire trucks, and other similar
equipment: Provided, however, That such equipment or machineries shall not be
disposed of, either by public auction or negotiated sale as hereinabove provided,
within five (5) years from the importation thereof. In case the machinery or
equipment is sold within the five-year period, the purchasers or recipients shall
be considered the importers thereof, and shall be liable for duties and taxes
computed on the book value of such importation.

SEC. 383. Implementing Rules and Regulations. - The Chairman of the

Commission on Audit shall promulgate the rules and regulations necessary to
effectively implement the provisions of this Title, including requirements as to
testing, inspection, and standardization of supply and property.

BOOK III

LOCAL GOVERNMENT UNITS

TITLE ONE. - THE BARANGAY

CHAPTER 1 - ROLE AND CREATION OF THE BARANGAY

SEC. 384. Role of the Barangay. - As the basic political unit, the barangay serves
as the primary planning and implementing unit of government policies, plans,
programs, projects, and activities in the community, and as a forum wherein the
collective views of the people may be expressed, crystallized and considered, and
where disputes may be amicably settled.

SEC. 385. Manner of Creation. - A barangay may be created, divided, merged,

abolished, or its boundary substantially altered, by law or by an ordinance of the
sangguniang panlalawigan or sangguniang panlungsod, subject to approval by a
majority of the votes cast in a plebiscite to be conducted by the Comelec in the
local government unit or units directly affected within such period of time as may
be determined by the law or ordinance creating said barangay. In the case of the
creation of barangays by the sangguniang panlalawigan, the recommendation of
the sangguniang bayan concerned shall be necessary.

138

SEC. 386. Requisites for Creation. - (a) A barangay maybe created out of a
contiguous territory which has apopulation of at least two thousand (2,000)
inhabitants ascertified by the National Statistics Office except in cities and
municipalities within Metro Manila and other metropolitan political subdivisions
or in highly urbanized cities where such territory shall have a certified population
of at least five thousand (5,000) inhabitants: Provided, That the creation thereof
shall not reduce the population of the original barangay or barangays to less than
the minimum requirement prescribed herein.

To enhance the delivery of basic services in the indigenous cultural communities,

barangays may be created in such communities by an Act of Congress,
notwithstanding the above requirement.

(b) The territorial jurisdiction of the new barangay shall be properly identified by
metes and bounds or by more or less permanent natural boundaries. The territory
need not be contiguous if it comprises two (2) or more islands.

(c) The governor or city mayor may prepare a consolidation plan for barangays,
based on the criteria prescribed in this Section, within his territorial jurisdiction.
The plan shall be submitted to the sangguniang panlalawigan or sangguniang
panlungsod concerned for appropriate action. In the case of municipalities within
the Metropolitan Manila area and other metropolitan political subdivisions, the
barangay consolidation plan shall be prepared and approved by the sangguniang
bayan concerned.

CHAPTER 2 - BARANGAY OFFICIALS AND OFFICES

SEC. 387. Chief Officials and Offices. - (a) There shall be in each barangay a
punong barangay, seven (7) sangguniang barangay members, the sangguniang
kabataan chairman, a barangay secretary, and a barangay treasurer.

(b) There shall also be in every barangay a lupong tagapamayapa. The

sangguniang barangay may form community brigades and create such other
positions or offices as may be deemed necessary to carry out the purposes of the
barangay government in accordance with the needs of public service, subject to
the budgetary limitations on personal services prescribed under Title Five, Book
II of this Code.

SEC. 388. Persons in Authority. - For purposes of the Revised Penal Code, the
punong barangay, sangguniang barangay members, and members of the lupong
tagapamayapa in each barangay shall be deemed as persons in authority in their
jurisdictions, while other barangay officials and members who may be designated
by law or ordinance and charged with the maintenance of public order, protection
and security of life and property, or the maintenance of a desirable and balanced
environment, and any barangay member who comes to the aid of persons in
139

authority, shall be deemed agents of persons in authority.

CHAPTER 3 - THE PUNONG BARANGAY

SEC. 389. Chief Executive: Powers, Duties, and Functions. - (a) The punong
barangay, as the chief executive of the barangay government, shall exercise such
powers and perform such duties and functions, as provided by this Code and
other laws.

(b) For efficient, effective and economical governance, the purpose of which is
the general welfare of the barangay and its inhabitants pursuant to Section 16 of
this Code, the punong barangay shall:

(1) Enforce all laws and ordinances which are applicable within the barangay;

(2) Negotiate, enter into, and sign contracts for and in behalf of the barangay,
upon authorization of the sangguniang barangay;

(3) Maintain public order in the barangay and, in pursuance thereof, assist the
city or municipal mayor and the sanggunian members in the performance of their
duties and functions;

(4) Call and preside over the sessions of the sangguniang barangay and the
barangay assembly, and vote only to break a tie; (5) Upon approval by a majority
of all the members of the sangguniang barangay, appoint or replace the barangay
treasurer, the barangay secretary, and other appointive barangay officials;

(6) Organize and lead an emergency group whenever the same may be necessary
for the maintenance of peace and order or on occasions of emergency or calamity
within the barangay;

(7) In coordination with the barangay development council, prepare the annual
executive and supplemental budgets of the barangay;

(8) Approve vouchers relating to the disbursement of barangay funds;

(9) Enforce laws and regulations relating to pollution control and protection of
the environment;

(10) Administer the operation of the Katarungang Pambarangay in accordance

with the provisions of this Code;

(11) Exercise general supervision over the activities of the sangguniang kabataan;

(12) Ensure the delivery of basic services as mandated under Section 17 of this
Code;
140

(13) Conduct an annual palarong barangay which shall feature traditional sports
and disciplines included in national and international games, in coordination
with the Department of Education, Culture and Sports;

(14) Promote the general welfare of the barangay; and

(15) Exercise such other powers and perform such other duties and functions as
may be prescribed by law or ordinance.

(b) In the performance of his peace and order functions, the punong barangay
shall be entitled to possess and carry the necessary firearm within his territorial
jurisdiction, subject to appropriate rules and regulations.

CHAPTER 4 - THE SANGGUNIANG BARANGAY

SEC. 390. Composition. - The sangguniang barangay, the legislative body of the
barangay, shall be composed of the punong barangay as presiding officer, and the
seven (7) regular sangguniang barangay members elected at large and
sangguniang kabataan chairman, as members.

SEC. 391. Powers, Duties, and Functions. - (a) The sangguniang barangay, as the
legislative body of the barangay, shall:

(1) Enact ordinances as may be necessary to discharge the responsibilities

conferred upon it by law or ordinance and to promote the general welfare of the
inhabitants therein;

(2) Enact tax and revenue ordinances, subject to the limitations imposed in this
Code;

(3) Enact annual and supplemental budgets in accordance with the provisions of
this Code;

(4) Provide for the construction and maintenance of barangay facilities and other
public works projects chargeable to the general fund of the barangay or such
other funds actually available for the purpose;

(5) Submit to the sangguniang panlungsod or sangguniang bayan such

suggestions or recommendations as it may see fit for the improvement of the
barangay or for the welfare of the inhabitants thereof;

(6) Assist in the establishment, organization, and promotion of cooperative

enterprises that will improve the economic condition and well-being of the
residents;

141

 (7) Regulate the use of multi-purpose halls, multi- purpose pavements, grain or
copra dryers, patios and other post-harvest facilities, barangay waterworks,
barangay markets, parking areas or other similar facilities constructed with
government funds within the jurisdiction of the barangay and charge reasonable
fees for the use thereof;

(8) Solicit or accept monies, materials and voluntary labor for specific public
works and cooperative enterprises of the barangay from residents, land owners,
producers and merchants in the barangay; monies from grants-in-aid, subsidies,
contributions, and revenues made available to the barangays from national,
provincial, city or municipal funds; and monies from other private agencies and
individuals: Provided, however, That monies or properties donated by private
agencies and individuals for specific purposes shall accrue to the barangay as
trust fund;

(9) Solicit or accept, in any or all the foregoing public works and cooperative
enterprises, such cooperation as is made available by national, provincial, city, or
municipal agencies established by law to render financial, technical, and advisory
assistance to barangays and to barangay residents: Provided, however, That in
soliciting or accepting such cooperation, the sangguniang barangay need not
pledge any sum of money for expenditure in excess of amounts currently in the
barangay treasury or encumbered for other purposes;

(10) Provide compensation, reasonable allowances or per diems as well as travel

expenses for sangguniang barangay members and other barangay officials,
subject to the budgetary limitations prescribed under Title Five, Book II of this
Code: Provided, however, That no increase in the com- pensation or honoraria of
the sangguniang barangay members shall take effect until after the expiration of
the full term of all members of the sangguniang barangay approving such
increase;

(11) Hold fund-raising activities for barangay projects without the need of
securing permits from any national or local office or agency. The proceeds from
such activities shall be tax-exempt and shall accrue to the general fund of the
barangay: Provided, That in the appropriation thereof, the specific purpose for
which such fund-raising activity has been held shall be first satisfied: Provided,
further, That no fund-raising activities shall be held within a period of sixty (60)
days immediately preceding and after a national or local election, recall,
referendum, or plebiscite: Provided, finally, That said fund-raising activities shall
comply with national policy standards and regulations on morals, health, and
safety of the persons participating therein. The sangguniang barangay, through
the punong barangay, shall render a public accounting of the funds raised at the
completion of the project for which the fund-raising activity was under- taken;

(12) Authorize the punong barangay to enter into contracts in behalf of the
barangay, subject to the provisions of this Code; (13) Authorize the barangay
142

treasurer to make direct purchases in an amount not exceeding One thousand

pesos (P1,000.00) at any one time for the ordinary and essential administrative
needs of the barangay;

(14) Prescribe fines in amounts not exceeding One thousand pesos (P1,000.00)
for violation of barangay ordinances;

(15) Provide for the administrative needs of the lupong tagapamayapa and the
pangkat ng tagapagkasundo;

(16) Provide for the organization of community brigades, barangay tanod, or

community service units as may be necessary;

(17) Organize regular lectures, programs, or fora on community problems such as

sanitation, nutrition, literacy, and drug abuse, and convene assemblies to
encourage citizen participation in government;

(18) Adopt measures to prevent and control the proliferation of squatters and
mendicants in the barangay;

(19) Provide for the proper development and welfare of children in the barangay
by promoting and supporting activities for the protection and total development
of children, particularly those below seven (7) years of age;

(20) Adopt measures towards the prevention and eradication of drug abuse, child
abuse, and juvenile delinquency;

(21) Initiate the establishment of a barangay high school, whenever feasible, in

accordance with law;

(22) Provide for the establishment of a non-formal education center in the

barangay whenever feasible, in coordination with the Department of Education,
Culture and Sports, ;

(23) Provide for the delivery of basic services; and

(24) Exercise such other powers and perform such other duties and functions as
may be prescribed by law or ordinance.

SEC. 392. Other Duties of Sangguniang Barangay Members. - In addition to

their duties as members of the sangguniang barangay, sangguniang barangay
members may:

(a) Assist the punong barangay in the discharge of his duties and functions;

(b) Act as peace officers in the maintenance of public order and safety; and

143

(c) Perform such other duties and functions as the punong barangay may
delegate.

SEC. 393. Benefits of Barangay Officials. - (a) Barangay officials, including

barangay tanods and members of the lupong tagapamayapa, shall receive
honoraria, allowances, and such other emoluments as may be authorized by law
or barangay, municipal or city ordinance in accordance with the provisions of this
Code, but in no case shall it be less than One thousand pesos (P=1,000.00) per
month for the punong barangay and Six hundred pesos (P=600.00) per month
for the sangguniang barangay members, barangay treasurer, and barangay
secretary: Provided, however, That the annual appropriations for personal
services shall be subject to the budgetary limitations prescribed under Title Five,
Book II of this Code;

(b) The punong barangay, the sangguniang barangay members, the barangay
treasurer, and the barangay secretary shall also:

(1) Be entitled to Christmas bonus of at least One thousand pesos (P=1,000.00)

each, the funds for which shall be taken from the general fund of the barangay or
from such other funds appropriated by the national government for the purpose;

(2) Be entitled, during their incumbency, to insurance coverage which shall

include, but shall not be limited to temporary and permanent disability, double
indemnity, accident insurance, death and burial benefits, in accordance with
Republic Act Numbered Sixty-nine hundred forty-two (R.A. No. 6942), entitled
"An Act Increasing the Insurance Benefits of Local Government Officials and
Providing Funds Therefor";

(3) Be entitled to free medical care including subsistence, medicines, and medical
attendance in any government hospital or institution: Provided, That such
hospital care shall include surgery or surgical expenses, medicines, X-rays,
laboratory fees, and other hospital expenses;

In case of extreme urgency where there is no available government hospital or

institution, the barangay official concerned may submit himself for immediate
medical attendance to the nearest private clinic, hospital or institution and the
expenses not exceeding Five thousand pesos (P=5,000.00) that may be incurred
therein shall be chargeable against the funds of the barangay concerned;

(4) Be exempted during their incumbency from paying tuition and matriculation
fees for their legitimate dependent children attending state colleges or
universities. He may likewise avail of such educational benefits in a state college
or university located within the province or city to which the barangay belongs;
and

144

 (5) Be entitled to appropriate civil service eligibility on the basis of the number of
years of service to the barangay, pursuant to the rules and regulations issued by
the Civil Service Commission.

(c) Elective barangay officials shall have preference in appointments to any

government position or in any government-owned or -controlled corporations,
including their subsidiaries, after their tenure of office, subject to the requisite
qualifications and the provisions of the immediately preceding paragraph.

(d) All duly appointed members of the barangay tanod brigades, or their
equivalent, which shall number not more than twenty (20) in each barangay, shall
be granted insurance or other benefits during their incumbency, chargeable to the
barangay or the city or municipal government to which the barangay belongs.

CHAPTER 5 - APPOINTIVE BARANGAY OFFICIALS

SEC. 394. Barangay Secretary: Appointment, Qualifications, Powers and

Duties. - (a) The barangay secretary shall be appointed by the punong barangay
with the concurrence of the majority of all the sangguniang barangay members.
The appointment of the barangay secretary shall not be subject to attestation by
the Civil Service Commission.

(b) The barangay secretary shall be of legal age, a qualified voter and an actual
resident of the barangay concerned.

(c) No person shall be appointed barangay secretary if he is a sangguniang

barangay member, a government employee, or a relative of the punong barangay
within the fourth civil degree of consanguinity or affinity.

(d) The barangay secretary shall:

(1) Keep custody of all records of the sangguniang barangay and the barangay
assembly meetings;

(2) Prepare and keep the minutes of all meetings of the sangguniang barangay
and the barangay assembly;

(3) Prepare a list of members of the barangay assembly, and have the same
posted in conspicuous places within the barangay;

(4) Assist in the preparation of all necessary forms for the conduct of barangay
elections, initiatives, referenda or plebiscites, in coordination with the Comelec;
145

(5) Assist the municipal civil registrar in the registration of births, deaths, and
marriages;

(6) Keep an updated record of all inhabitants of the barangay containing the
following items of information: name, address, place and date of birth, sex, civil
status, citizenship, occupation, and such other items of information as may be
prescribed by law or ordinances;

(7) Submit a report on the actual number of barangay residents as often as may
be required by the sangguniang barangay; and

(8) Exercise such other powers and perform such other duties and functions as
may be prescribed by law or ordinance.

SEC. 395. Barangay Treasurer: Appointment, Qualifications, Powers and

Duties. - (a) The barangay treasurer shall be appointed by the punong barangay
with the concurrence of the majority of all the sangguniang barangay members.
The appointment of the barangay treasurer shall not be subject to attestation by
the Civil Service Commission.

(b) The barangay treasurer shall be of legal age, a qualified voter, and an actual
resident of the barangay concerned.

(c) No person shall be appointed barangay treasurer if he is a sangguniang

barangay member, a government employee, or a relative of the punong barangay
within the fourth civil degree of consanguinity or affinity.

(d) The barangay treasurer shall be bonded in accordance with existing laws in
an amount to be determined by the sangguniang barangay but not exceeding Ten
thousand pesos (P=10,000.00), premiums for which shall be paid by the
barangay.

(e) The barangay treasurer shall:

(1) Keep custody of barangay funds and properties;

(2) Collect and issue official receipts for taxes, fees, contributions, monies,
materials, and all other resources accruing to the barangay treasury and deposit
the same in the account of the barangay as provided under Title Five, Book II of
this Code;

(3) Disburse funds in accordance with the financial procedures provided in this
Code;

(4) Submit to the punong barangay a statement covering the actual and estimates
of income and expenditures for the preceding and ensuing calendar years,
respectively, subject to the provisions of Title Five, Book II of this Code;
146

(5) Render a written accounting report of all barangay funds and property under
his custody at the end of each calendar year, and ensure that such report shall be
made available to the members of the barangay assembly and other government
agencies concerned;

(6) Certify as to the availability of funds whenever necessary;

(7) Plan and attend to the rural postal circuit within his jurisdiction; and

(8) Exercise such other powers and perform such other duties and functions as
may be prescribed by law or ordinance.

SEC. 396. Other Appointive Officials. - The qualifications, duties, and functions
of all other barangay officials appointed by the punong barangay shall be
governed by the provisions of this Code and other laws or by barangay
ordinances.

CHAPTER 6 - BARANGAY ASSEMBLY

SEC. 397. Composition; Meetings. - (a) There shall be a barangay assembly

composed of all persons who are actual residents of the barangay for at least six
(6) months, fifteen (15) years of age or over, citizens of the Philippines, and duly
registered in the list of barangay assembly members.

(b) The barangay assembly shall meet at least twice a year to hear and discuss the
semestral report of the sangguniang barangay concerning its activities and
finances as well as problems affecting the barangay. Its meetings shall be held
upon call of the punong barangay or of at least four (4) members of the
sangguniang barangay, or upon written petition of at least five percent (5%) of the
assembly members.

(c) No meeting of the barangay assembly shall take place unless a written notice
is given one (1) week prior to the meeting except on matters involving public
safety or security, in which case notice within a reasonable time shall be
sufficient. The punong barangay, or in his absence, the sangguniang barangay
member acting as punong barangay, or any assembly member selected during the
meeting, shall act as presiding officer in all the meetings of the assembly. The
barangay secretary, or in his absence, any member designated by the presiding
officer to act as secretary, shall discharge the duties of secretary of the barangay
assembly.

SEC. 398. Powers of the Barangay Assembly. - The barangay assembly shall:
147

 (a) Initiate legislative processes by recommending to the sangguniang barangay

the adoption of measures for the welfare of the barangay and the city or
municipality concerned;

(b) Decide on the adoption of initiative as a legal process whereby the registered
voters of the barangay may directly propose, enact, or amend any ordinance; and

(c) Hear and pass upon the semestral report of the sangguniang barangay
concerning its activities and finances.

CHAPTER 7 - KATARUNGANG PAMBARANGAY

SEC. 399. Lupong Tagapamayapa. - (a) There is hereby created in each barangay
a lupong tagapamayapa, hereinafter referred to as the lupon, composed of the
punong barangay as chairman and ten (10) to twenty (20) members. The lupon
shall be constituted every three (3) years in the manner provided herein.

(b) Any person actually residing or working in the barangay, not otherwise
expressly disqualified by law, and possessing integrity, impartiality,
independence of mind, sense of fairness, and reputation for probity, may be
appointed a member of the lupon.

(c) A notice to constitute the lupon, which shall include the names of proposed
members who have expressed their willingness to serve, shall be prepared by the
punong barangay within the first fifteen (15) days from the start of his term of
office. Such notice shall be posted in three (3) conspicuous places in the barangay
continuously for a period of not less than three (3) weeks;

(d) The punong barangay, taking into consideration any opposition to the
proposed appointment or any recommendations for appointments as may have
been made within the period of posting, shall within ten (10) days thereafter,
appoint as members those whom he determines to be suitable therefor.
Appointments shall be in writing, signed by the punong barangay, and attested to
by the barangay secretary.

(e) The list of appointed members shall be posted in three (3) conspicuous places
in the barangay for the entire duration of their term of office; and

(f) In barangays where majority of the inhabitants are members of indigenous

cultural communities, local systems of es through their councils of datus or elders
shall be recognized without prejudice to the applicable provisions of this Code.

SEC. 400. Oath and Term of Office. - Upon appointment, each lupon member
shall take an oath of office before the punong barangay. He shall hold office until
a new lupon is constituted on the third year following his appointment unless

148

sooner terminated by resignation, transfer of residence or place of work, or

withdrawal of appointment by the punong barangay with the concurrence of the
majority of all the members of the lupon.

SEC. 401. Vacancies. - Should a vacancy occur in the lupon for any cause, the
punong barangay shall immediately appoint a qualified person who shall hold
office only for the unexpired portion of the term.

SEC. 402. Functions of the Lupon. - The lupon shall: (a) Exercise administrative
supervision over the conciliation panels provided herein;

(b) Meet regularly once a month to provide a forum for exchange of ideas among
its members and the public on matters relevant to the amicable settlement of
disputes, and to enable various conciliation panel members to share with one
another their observations and experiences in effecting speedy resolution of
disputes; and

(c) Exercise such other powers and perform such other duties and functions as
may be prescribed by law or ordinance.

SEC. 403. Secretary of the Lupon. - The barangay secretary shall concurrently
serve as the secretary of the lupon. He shall record the results of mediation
proceedings before the punong barangay and shall submit a report thereon to the
proper city or municipal courts. He shall also receive and keep the records of
proceedings submitted to him by the various conciliation panels.

SEC. 404. Pangkat ng Tagapagkasundo. - (a) There shall be constituted for each
dispute brought before the lupon a conciliation panel to be known as the pangkat
ng tagapagkasundo, hereinafter referred to as the pangkat, consisting of three (3)
members who shall be chosen by the parties to the dispute from the list of
members of the lupon. Should the parties fail to agree on the pangkat
membership, the same shall be determined by lots drawn by the lupon chairman.

(b) The three (3) members constituting the pangkat shall elect from among
themselves the chairman and the secretary. The secretary shall prepare the
minutes of the pangkat proceedings and submit a copy duly attested to by the
chairman to the lupon secretary and to the proper city or municipal court. He
shall issue and cause to be served notices to the parties concerned. The lupon
secretary shall issue certified true copies of any public record in his custody that
is not by law otherwise declared confidential.

SEC. 405. Vacancies in the Pangkat. - Any vacancy in the pangkat shall be chosen
by the parties to the dispute from among the other lupon members. Should the
parties fail to agree on a common choice, the vacancy shall be filled by lot to be
drawn by the lupon chairman.

149

SEC. 406. Character of Office and Service of Lupon Members. - (a) The lupon
members, while in the performance of their official duties or on the occasion
thereof, shall be deemed as persons in authority, as defined in the Revised Penal
Code.

(b) The lupon or pangkat members shall serve without compensation, except as
provided for in Section 393 and without prejudice to incentives as provided for in
this Section and in Book IV of this Code. The Department of the Interior and
Local Government shall provide for a system of granting economic or other
incentives to the lupon or pangkat members who adequately demonstrate the
ability to judiciously and expeditiously resolve cases referred to them. While in
the performance of their duties, the lupon or pangkat members, whether in public
or private employment, shall be deemed to be on official time, and shall not suffer
from any diminution in compensation or allowance from said employment by
reason thereof.

SEC. 407. Legal Advice on Matters Involving Questions of Law. - The provincial,
city legal officer or prosecutor or the municipal legal officer shall render legal
advice on matters involving questions of law to the punong barangay or any lupon
or pangkat member whenever necessary in the exercise of his functions in the
administration of the katarungang pambarangay.

SEC. 408. Subject Matter for Amicable Settlement; Exception Thereto. - The
lupon of each barangay shall have authority to bring together the parties actually
residing in the same city or municipality for amicable settlement of all disputes
except:

(a) Where one party is the government, or any subdivision or instrumentality

thereof;

(b) Where one party is a public officer or employee, and the dispute relates to the
performance of his official functions;

(c) Offenses punishable by imprisonment exceeding one (1) year or a fine

exceeding Five thousand pesos (P5,000.00);

(d) Offenses where there is no private offended party;

(e) Where the dispute involves real properties located in different cities or
municipalities unless the parties thereto agree to submit their differences to
amicable settlement by an appropriate lupon;

(f) Disputes involving parties who actually reside in barangays of different cities
or municipalities, except where such barangay units adjoin each other and the
parties thereto agree to submit their differences to amicable settlement by an
appropriate lupon;
150

 (g) Such other classes of disputes which the President may determine in the
interest of justice or upon the recommendation of the Secretary of Justice. The
court in which non-criminal cases not falling within the authority of the lupon
under this Code are filed may, at any time before trial, motu proprio refer the case
to the lupon concerned for amicable settlement.

SEC. 409. Venue. - (a) Disputes between persons actually residing in the same
barangay shall be brought for amicable settlement before the lupon of said
barangay.

(b) Those involving actual residents of different barangays within the same city
or municipality shall be brought in the barangay where the respondent or any of
the respondents actually resides, at the election of the complainant.

(c) All disputes involving real property or any interest therein shall be brought in
the barangay where the real property or the larger portion thereof is situated.

(d) Those arising at the workplace where the contending parties are employed or
at the institution where such parties are enrolled for study, shall be brought in the
barangay where such workplace or institution is located. Objections to venue shall
be raised in the mediation proceedings before the punong barangay; otherwise,
the same shall be deemed waived. Any legal question which may confront the
punong barangay in resolving objections to venue herein referred to may be
submitted to the Secretary of Justice, or his duly designated representative,
whose ruling thereon shall be binding.

SEC. 410. Procedure for Amicable Settlement. - (a) Who may initiate proceeding -
Upon payment of the appropriate filing fee, any individual who has a cause of
action against another individual involving any matter within the authority of the
lupon may complain, orally or in writing, to the lupon chairman of the barangay.

(b) Mediation by lupon chairman - Upon receipt of the complaint, the lupon
chairman shall within the next working day summon the respondent(s), with
notice to the complainant(s) for them and their witnesses to appear before him
for a mediation of their conflicting interests. If he fails in his mediation effort
within fifteen (15) days from the first meeting of the parties before him, he shall
forthwith set a date for the constitution of the pangkat in accordance with the
provisions of this Chapter.

(c) Suspension of prescriptive period of offenses - While the dispute is under

mediation, conciliation, or arbitration, the prescriptive periods for offenses and
cause of action under existing laws shall be interrupted upon filing of the
complaint with the punong barangay. The prescriptive periods shall resume upon
receipt by the complainant of the complaint or the certificate of repudiation or of
the certification to file action issued by the lupon or pangkat secretary: Provided,

151

however, That such interruption shall not exceed sixty (60) days from the filing of
the complaint with the punong barangay.

(d) Issuance of summons; hearing; grounds for disqualification - The pangkat

shall convene not later than three (3) days from its constitution, on the day and
hour set by the lupon chairman, to hear both parties and their witnesses, simplify
issues, and explore all possibilities for amicable settlement. For this purpose, the
pangkat may issue summons for the personal appearance of parties and witnesses
before it. In the event that a party moves to disqualify any member of the pangkat
by reason of relationship, bias, interest, or any other similar grounds discovered
after the constitution of the pangkat, the matter shall be resolved by the
affirmative vote of the majority of the pangkat whose decision shall be final.
Should disqualification be decided upon, the resulting vacancy shall be filled as
herein provided for.

(e) Period to arrive at a settlement - The pangkat shall arrive at a settlement or

resolution of the dispute within fifteen (15) days from the day it convenes in
accordance with this section. This period shall, at the discretion of the pangkat, be
extendible for another period which shall not exceed fifteen (15) days, except in
clearly meritorious cases.

SEC. 411. Form of Settlement. - All amicable settlements shall be in writing, in a

language or dialect known to the parties, signed by them, and attested to by the
lupon chairman or the pangkat chairman, as the case may be. When the parties to
the dispute do not use the same language or dialect, the settlement shall be
written in the language or dialect known to them.

SEC. 412. Conciliation. - (a) Pre-condition to Filing of Complaint in Court. - No

complaint, petition, action, or proceeding involving any matter within the
authority of the lupon shall be filed or instituted directly in court or any other
government office for adjudication, unless there has been a confrontation
between the parties before the lupon chairman or the pangkat, and that no
conciliation or settlement has been reached as certified by the lupon secretary or
pangkat secretary as attested to by the lupon or pangkat chairman or unless the
settlement has been repudiated by the parties thereto.

(b) Where Parties May Go Directly to Court. - The parties may go directly to
court in the following instances:

(1) Where the accused is under detention; (2) Where a person has otherwise been
deprived of personal liberty calling for habeas corpus proceedings;

(3) Where actions are coupled with provisional remedies such as preliminary
injunction, attachment, delivery of personal property, and support pendente lite;
and

152

 (4) Where the action may otherwise be barred by the statute of limitations.

(c) Conciliation among members of indigenous cultural communities. - The

customs and traditions of indigenous cultural communities shall be applied in
settling disputes between members of the cultural communities.

SEC. 413. Arbitration. - (a) The parties may, at any stage of the proceedings,
agree in writing that they shall abide by the arbitration award of the lupon
chairman or the pangkat. Such agreement to arbitrate may be repudiated within
five (5) days from the date thereof for the same grounds and in accordance with
the procedure hereinafter prescribed. The arbitration award shall be made after
the lapse of the period for repudiation and within ten (10) days thereafter.

(b) The arbitration award shall be in writing in a language or dialect known to the
parties. When the parties to the dispute do not use the same language or dialect,
the award shall be written in the language or dialect known to them.

SEC. 414. Proceedings Open to the Public; Exception. - All proceedings for
settlement shall be public and informal: Provided, however, That the lupon
chairman or the pangkat chairman, as the case may be, may motu proprio or
upon request of a party, exclude the public from the proceedings in the interest of
privacy, decency, or public morals.

SEC. 415. Appearance of Parties in Person. - In all katarungang pambarangay

proceedings, the parties must appear in person without the assistance of counsel
or representative, except for minors and incompetents who may be assisted by
their next-of-kin who are not lawyers.

SEC. 416. Effect of Amicable Settlement and Arbitration Award. - The amicable
settlement and arbitration award shall have the force and effect of a final
judgment of a court upon the expiration of ten (10) days from the date thereof,
unless repudiation of the settlement has been made or a petition to nullify the
award has been filed before the proper city or municipal court. However, this
provision shall not apply to court cases settled by the lupon under the last
paragraph of Section 408 of this Code, in which case the compromise settlement
agreed upon by the parties before the lupon chairman or the pangkat chairman
shall be submitted to the court and upon approval thereof, have the force and
effect of a judgment of said court.

SEC. 417. Execution. - The amicable settlement or arbitration award may be

enforced by execution by the lupon within six (6) months from the date of the
settlement. After the lapse of such time, the settlement may be enforced by action
in the appropriate city or municipal court.

SEC. 418. Repudiation. - Any party to the dispute may, within ten (10) days from
the date of the settlement, repudiate the same by filing with the lupon chairman a
153

statement to that effect sworn to before him, where the consent is vitiated by
fraud, violence, or intimidation. Such repudiation shall be sufficient basis for the
issuance of the certification for filing a complaint as hereinabove provided.

SEC. 419. Transmittal of Settlement and Arbitration Award to the Court. - The
secretary of the lupon shall transmit the settlement or the arbitration award to
the appropriate city or municipal court within five (5) days from the date of the
award or from the lapse of the ten-day period repudiating the settlement and
shall furnish copies thereof to each of the parties to the settlement and the lupon
chairman.

SEC. 420. Power to Administer Oaths. - The punong barangay, as chairman of

the lupong tagapamayapa, and the members of the pangkat are hereby authorized
to administer oaths in connection with any matter relating to all proceedings in
the implementation of the katarungang pambarangay.

SEC. 421. Administration; Rules and Regulations. - The city or municipal mayor,
as the case may be, shall see to the efficient and effective implementation and
administration of the katarungang pambarangay. The Secretary of Justice shall
promulgate the rules and regulations necessary to implement this Chapter.

SEC. 422. Appropriations. - Such amount as may be necessary for the effective
implementation of the katarungang pambarangay shall be provided for in the
annual budget of the city or municipality concerned.

CHAPTER 8 - SANGGUNIANG KABATAAN

SEC. 423. Creation and Election. - (a) There shall be in every barangay a
sangguniang kabataan to be composed of a chairman, seven (7) members, a
secretary, and a treasurer.

(b) A sangguniang kabataan official who, during his term of office, shall have
passed the age of twenty-one (21) years shall be allowed to serve the remaining
portion of the term for which he was elected.

SEC. 424. Katipunan ng Kabataan. - The katipunan ng kabataan shall be

composed of all citizens of the Philippines actually residing in the barangay for at
least six (6) months, who are fifteen (15) but not more than twenty-one (21) years
of age, and who are duly registered in the list of the sangguniang kabataan or in
the official barangay list in the custody of the barangay secretary.

SEC. 425. Meetings of the Katipunan ng Kabataan. - The katipunan ng kabataan

shall meet at least once every three (3) months, or at the call of the chairman of
the sangguniang kabataan or upon written petition of at least one-twentieth

154

(1/20) of its members, to decide on important issues affecting the youth of the
barangay .

SEC. 426. Powers and Functions of the Sangguniang Kabataan. - The

sangguniang kabataan shall:

(a) Promulgate resolutions necessary to carry out the objectives of the youth in
the barangay in accordance with the applicable provisions of this Code;

(b) Initiate programs designed to enhance the social, political, economic,

cultural, intellectual, moral, spiritual, and physical development of the members;

(c) Hold fund-raising activities, the proceeds of which shall be tax-exempt and
shall accrue to the general fund of the sangguniang kabataan: Provided, however,
That in the appropriation thereof, the specific purpose for which such activity has
been held shall be first satisfied;

(d) Create such bodies or committees as it may deem necessary to effectively

carry out its programs and activities;

(e) Submit annual and end-of-term reports to the sangguniang barangay on their
projects and activities for the survival and development of the youth in the
barangay ;

(f) Consult and coordinate with all youth organizations in the barangay for policy
formulation and program implementation;

(g) Coordinate with the appropriate national agency for the implementation of
youth development projects and programs at the national level;

(h) Exercise such other powers and perform such other duties and functions as
the sangguniang barangay may determine or delegate; and

(i) Exercise such other powers and perform such other duties and functions as
may be prescribed by law or ordinance.

SEC. 427. Meetings of the Sangguniang kabataan. - The sangguniang kabataan

shall meet regularly once a month on the date, time, and place to be fixed by the
said sanggunian. Special meetings may be called by the sangguniang kabataan
chairman or any three (3) of its members by giving written notice to all members
of the date, time, place, and agenda of the meeting at least one (1) day in advance.
Notices of regular or special meetings shall be furnished the punong barangay
and the sangguniang barangay . A majority of the members of the sangguniang
kabataan shall constitute a quorum.

SEC. 428. Qualifications. - An elective official of the sangguniang kabataan must

be a citizen of the Philippines, a qualified voter of the katipunan ng kabataan, a
155

resident of the barangay for at least one (1) year immediately prior to election, at
least fifteen (15) years but not more than twenty-one (21) years of age on the day
of his election, able to read and write Filipino, English, or the local dialect, and
must not have been convicted of any crime involving moral turpitude.

SEC. 429. Term of Office. - The sangguniang kabataan chairman and members
shall hold office for a period of three (3) years, unless sooner removed for cause
as provided by law, permanently incapacitated, die or resign from office.

SEC. 430. Sangguniang Kabataan Chairman. - The registered voters of the

katipunan ng kabataan shall elect the chairman of the sangguniang kabataan who
shall automatically serve as an ex-officio member of the sangguniang barangay
upon his assumption to office. As such, he shall exercise the same powers,
discharge the same duties and functions, and enjoy the same privileges as the
regular sangguniang barangay members, and shall be the chairman of the
committee on youth and sports development in the said sanggunian.

SEC. 431. Powers and Duties of the Sangguniang Kabataan Chairman. - In

addition to the duties which may be assigned to him by the sangguniang
barangay, the sangguniang kabataan chairman shall:

(a) Call and preside over all meetings of the katipunan ng kabataan and the
sangguniang kabataan;

(b) Implement policies, programs, and projects within his jurisdiction in

coordination with the sangguniang barangay ;

(c) Exercise general supervision over the affairs and activities of the sangguniang
kabataan and the official conduct of its members, and such other officers of the
sangguniang kabataan within his jurisdiction;

(d) With the concurrence of the sangguniang kabataan, appoint from among the
members of the sangguniang kabataan, the secretary and treasurer, and such
other officers as may be deemed necessary; and

(e) Exercise such other powers and perform such other duties and functions as
may be prescribed by law or ordinance.

SEC. 432. Sangguniang Kabataan Secretary. - The sangguniang kabataan

secretary shall :

(a) Keep all records of the katipunan ng kabataan and sangguniang kabataan;

(b) Prepare and keep the minutes of all meetings of the katipunan ng kabataan
and sangguniang kabataan;

156

 (c) Prepare all forms necessary for the conduct of registrations, elections,
initiatives, referenda, or plebiscites, in coordination with the barangay secretary
and the Comelec; and

(d) Perform such other duties and discharge such other functions as the
chairman of the sangguniang kabataan may prescribe or direct.

SEC. 433. Sangguniang Kabataan Treasurer. - The sangguniang kabataan

treasurer shall:

(a) Take custody of all sangguniang kabataan property and funds not otherwise
deposited with the city or municipal treasurer;

(b) Collect and receive contributions, monies, materials, and all other resources
intended for the sangguniang kabataan and katipunan ng kabataan;

(c) Disburse funds in accordance with an approved budget of the sangguniang

kabataan;

(d) Certify to the availability of funds whenever necessary;

(e) Submit to the sangguniang kabataan and to the sangguniang barangay

certified and detailed statements of actual income and expenditures at the end of
every month; and

(f) Perform such other duties and discharge such other functions as the chairman
of the

SEC. 434. Privileges of Sangguniang Kabataan Officials. - The sangguniang

kabataan chairman shall have the same privileges enjoyed by othersangguniang
barangay officials under this Code subject to such requirements and limitations
provided herein. During their incumbency, sangguniang kabataan officials shall
be exempt from payment of tuition and matriculation fees while enrolled in
public tertiary schools, including state colleges and universities. The national
government shall reimburse said college or university the amount of the tuition
and matriculation fees: Provided, That, to qualify for the privilege, the said
officials shall enroll in the state college or university within or nearest their area
of jurisdiction.

SEC. 435. Succession and Filling of Vacancies. - (a) In case a sangguniang

kabataan chairman refuses to assume office, fails to qualify, is convicted of a
felony, voluntarily resigns, dies, is permanently incapacitated, is removed from
office, or has been absent without leave for more than three (3) consecutive
months, the sangguniang kabataan member who obtained the next highest
number of votes in the election immediately preceding shall assume the office of
the chairman for the unexpired portion of the term, and shall discharge the

157

powers and duties, and enjoy the rights and privileges appurtenant to the office.
In case the said member refuses to assume the position or fails to qualify, the
sanggunian member obtaining the next highest number of votes shall assume the
position of the chairman for the unexpired portion of the term.

(b) Where two (2) or more sangguniang kabataan members obtained the same
next highest number of votes, the other sangguniang kabataan members shall
conduct an election to choose the successor to the chairman from among the said
members.

(c) After the vacancy shall have been filled, the sangguniang kabataan chairman
shall call a special election to complete the membership of said sanggunian. Such
sangguniang kabataan member shall hold office for the unexpired portion of the
term of the vacant seat.

(d) In case of suspension of the sangguniang kabataan chairman, the successor,

as determined in subsections (a) and (b) of this Section shall assume the position
during the period of such suspension.

CHAPTER 9 - PEDERASYON NG MGA SANGGUNIANG KABATAAN

SEC. 436. Pederasyon ng mga Sangguniang Kabataan. - (a) There shall be an

organization of all the pederasyon ng mga sangguniang kabataan to be known as
follows:

(1) in municipalities, pambayang pederasyon ng mga sangguniang kabataan;

(2) in cities, panlungsod na pederasyon ng mga sangguniang kabataan;

(3) in provinces, panlalawigang pederasyon ng mga sangguniang kabataan;

(4) in special metropolitan political subdivisions, pangmetropolitang pederasyon

ng mga sangguniang kabataan; and

(5) on the national level, pambansang pederasyon ng mga sangguniang kabataan.

(b) The pederasyon ng mga sangguniang kabataan shall, at all levels, elect from
among themselves the president, vice-president and such other officers as may be
necessary and shall be organized in the following manner:

(1) The panlungsod and pambayang pederasyon shall be composed of the

sangguniang kabataan chairmen of barangays in the city or municipality,
respectively;

(2) The panlalawigang pederasyon shall be composed of presidents of the

panlungsod and pambayang pederasyon;
158

(3) The pangmetropolitang pederasyon shall be composed of presidents of the

panlungsod and pambayang pederasyon;

(c) The elected presidents of the pederasyon at the provincial, highly urbanized
city, and metropolitan political subdivision levels shall constitute the
pambansang katipunan ng mga sangguniang kabataan.

SEC. 437. Constitution and By-Laws. - The term of office, manner of election,
removal and suspension of the officers of the pederasyon ng mga sangguniang
kabataan at all levels shall be governed by the constitution and by-laws of the
pederasyon in conformity with the provisions of this Code and national policies
on youth.

SEC. 438. Membership in the Sanggunian. - (a) A sangguniang kabataan

chairman shall, upon certification of his election by the Comelec and during his
tenure of office is elected as pederasyon president, serve as an ex-officio member
of the sanggunian panlalawigan, sangguniang panlungsod, and sangguniang
bayan, as the case may be, without need of further appointment.

(b) The vice-president of the pederasyon whose president has been elected as
president of a higher pederasyon shall serve as ex-officio member of the
sanggunian concerned without need of further appointment.

(c) The pederasyon president or vice-president, as the case may be, shall be the
chairman of the committee on youth and sports development of the sanggunian
concerned.

CHAPTER 10 - LINGGO NG KABATAAN

SEC. 439. Observance of Linggo ng Kabataan. - (a) Every barangay,

municipality, city and province shall, in coordination with the pederasyon ng mga
sangguniang kabataan at all levels, conduct an annual activity to be known as the
Linggo ng Kabataan on such date as shall be determined by the Office of the
President.

(b) The observance of the Linggo ng Kabataan shall include the election of the
counterparts of all local elective and appointive officials, as well as heads of
national offices or agencies stationed or assigned in the territorial jurisdiction of
the local government unit, among in-school and community youth residing in the
local government unit concerned from ages thirteen (13) to seventeen (17).
During said week, they shall hold office as boy and girl officials and shall perform
such duties and conduct such activities as may be provided in the ordinance
enacted pursuant to this Chapter.

159

 TITLE TWO. - THE MUNICIPALITY

CHAPTER 1 - ROLE AND CREATION OF THE MUNICIPALITY

SEC. 440. Role of the Municipality. - The municipality, consisting of a group of

barangays, serves primarily as a general purpose government for the coordination
and delivery of basic, regular and direct services and effective governance of the
inhabitants within its territorial jurisdiction.

SEC. 441. Manner of Creation. - A municipality may be created, divided, merged,

abolished, or its boundary substantially altered only by an Act of Congress and
subject to the approval by a majority of the votes cast in a plebiscite to be
conducted by the Comelec in the local government unit or units directly affected.
Except as may otherwise be provided in the said Act, the plebiscite shall be held
within one hundred twenty (120) days from the date of its effectivity.

SEC. 442. Requisites for Creation. - (a) A municipality may be created if it has an
average annual income, as certified by the provincial treasurer, of at least Two
million five hundred thousand pesos (P=2,500,000.00) for the last two (2)
consecutive years based on the 1991 constant prices; a population of at least
twenty-five thousand (25,000) inhabitants as certified by the National Statistics
Office; and a contiguous territory of at least fifty (50) square kilometers as
certified by the Lands Management Bureau: Provided, That the creation thereof
shall not reduce the land area, population or income of the original municipality
or municipalities at the time of said creation to less than the minimum
requirements prescribed herein.

(b) The territorial jurisdiction of a newly-created municipality shall be properly

identified by metes and bounds. The requirement on land area shall not apply
where the municipality proposed to be created is composed of one (1) or more
islands. The territory need not be contiguous if it comprises two (2) or more
islands.

(c) h The average annual income shall include the income accruing to the general
fund of the municipality concerned, exclusive of special funds, transfers and non-
recurring income.

(d) Municipalities existing as of the date of the effectivity of this Code shall
continue to exist and operate as such. Existing municipal districts organized
pursuant to presidential issuances or executive orders and which have their
respective set of elective municipal officials holding office at the time of the
effectivity of this Code shall henceforth be considered as regular municipalities.

160

 CHAPTER 2 - MUNICIPAL OFFICIALS IN GENERAL

SEC. 443. Officials of the Municipal Government. - (a) There shall be in each
municipality a municipal mayor, a municipal vice-mayor, sangguniang bayan
members, a secretary to the sangguniang bayan, a municipal treasurer, a
municipal assessor, a municipal accountant, a municipal budget officer, a
municipal planning and development coordinator, a municipal engineer/building
official, a municipal health officer and a municipal civil registrar.

(b) In addition thereto, the mayor may appoint a municipal administrator, a

municipal legal officer, a municipal agriculturist, a municipal environment and
natural resources officer, a municipal social welfare and development officer, a
municipal architect, and a municipal information officer.

(c) The sangguniang bayan may:

(1) Maintain existing offices not mentioned in subsections (a) and (b) hereof;

(2) Create such other offices as may be necessary to carry out the purposes of the
municipal government; or

(3) Consolidate the functions of any office with those of another in the interest of
efficiency and economy.

(d) Unless otherwise provided herein, heads of departments and offices shall be
appointed by the municipal mayor with the concurrence of the majority of all the
sangguniang bayan members, subject to civil service law, rules and regulations.
The sangguniang bayan shall act on the appointment within fifteen (15) days from
the date of its submission; otherwise, the same shall be deemed confirmed.

(e) Elective and appointive municipal officials shall receive such compensation,
allowances and other emoluments as may be determined by law or ordinance,
subject to the budgetary limitations on personal services as prescribed in Title
Five, Book Two of this Code: Provided, That no increase in compensation of the
mayor, vice-mayor, and sangguniang bayan members shall take effect until after
the expiration of the full term of all the elective local officials approving such
increase.

CHAPTER 3 - OFFICIALS AND OFFICES COMMON TO ALL

MUNICIPALITIES

Article One. - The Municipal Mayor

161

SEC. 444. The Chief Executive: Powers, Duties, Functions and Compensation. -
(a) The municipal mayor, as the chief executive of the municipal government,
shall exercise such powers and perform such duties and functions as provided by
this Code and other laws.

(b) For efficient, effective and economical governance the purpose of which is the
general welfare of the municipality and its inhabitants pursuant to Section 16 of
this Code, the municipal mayor shall:

(1) Exercise general supervision and control over all programs, projects, services,
and activities of the municipal government, and in this connection, shall:

(i) Determine the guidelines of municipal policies and be responsible to the

sangguniang bayan for the program of government;

(ii) Direct the formulation of the municipal development plan, with the
assistance of the municipal development council, and upon approval thereof by
the sangguniang bayan, implement the same;

(iii) At the opening of the regular session of the sangguniang bayan for every
calendar year and, as may be deemed necessary, present the program of
government and propose policies and projects for the consideration of the
sangguniang bayan as the general welfare of the inhabitants and the needs of the
municipal government may require;

(iv) Initiate and propose legislative measures to the sangguniang bayan and,
from time to time as the situation may require, provide such information and
data needed or requested by said sanggunian in the performance of its legislative
functions; Appoint all officials and employees whose salaries and wages are
wholly or mainly paid out of municipal funds and whose appointments are not
otherwise provided for in this Code, as well as those he may be authorized by law
to appoint;

(vi) Upon authorization by the sangguniang bayan, represent the municipality in

all its business transactions and sign on its behalf all bonds, contracts, and
obligations, and such other documents made pursuant to law or ordinance;

(vii) Carry out such emergency measures as may be necessary during and in the
aftermath of man-made and natural disasters and calamities;

(viii) Determine, according to law or ordinance, the time, manner and place of
payment of salaries or wages of the officials and employees of the municipality;

(ix) Allocate and assign office space to municipal and other officials and
employees who, by law or ordinance, are entitled to such space in the municipal
hall and other buildings owned or leased by the municipal government;

162

 (x) Ensure that all executive officials and employees of the municipality faithfully
discharge their duties and functions as provided by law and this Code, and cause
to be instituted administrative or judicial proceedings against any official or
employee of the municipality who may have committed an offense in the
performance of his official duties;

(xi) Examine the books, records and other documents of all offices, officials,
agents or employees of the municipality and in aid of his executive powers and
authority, require all national officials and employees stationed in or assigned to
the municipality to make available to him such books, records, and other
documents in their custody, except those classified by law as confidential;

(xii) Furnish copies of executive ordersissued by him to the provincial governor

within seventy-two (72) hours after their issuance: Provided, That municipalities
of Metropolitan Manila Area and that of any metropolitan political subdivision
shall furnish copies of said executive orders to the metropolitan authority council
chairman and to the Office of the President;

(xiii) Visit component barangays of the municipality at least once every six (6)
months to deepen his understanding of problems and conditions therein, listen
and give appropriate counsel to local officials and inhabitants, inform the
component barangay officials and inhabitants of general laws and ordinances
which especially concern them, and otherwise conduct visits and inspections to
the end that the governance of the municipality will improve the quality of life of
the inhabitants;

(xiv) Act on leave applications ofofficials and employees appointed by him and
the commutation of the monetary value of leave credits according to law;

(xv) Authorize official trips outside of the municipality of municipal officials and
employees for a period not exceeding thirty (30) days;

(xvi) Call upon any national official or employee stationed in or assigned to the
municipality to advise him on matters affecting the municipality and to make
recommendations thereon, or to coordinate in the formulation and
implementation of plans, programs and projects, and when appropriate, initiate
an administrative or judicial action against a national government official or
employee who may have committed an offense in the performance of his official
duties while stationed in or assigned to the local government unit concerned;

(xvii) Subject to availability of funds, authorize payment of medical care,

necessary transportation, subsistence, hospital or medical fees of municipal
officials and employees who are injured while in the performance of their official
duties and functions;

163

(xviii) Solemnize marriages, any provision of law to the contrary

notwithstanding;

(xix) Conduct a palarong bayan, in coordination with the Department of

Education, Culture and Sports, as an annual activity which shall feature
traditional sports and disciplines included in national and international games;
and

(xx) Submit to the provincial governor the following reports: an annual report
containing a summary of all matters pertaining to the management,
administration and development of the municipality and all information and data
relativeto its political, social and economic conditions; and supplemental reports
when unexpected events and situations arise at any time during the year,
particularly when man-made or natural disasters or calamities affect the general
welfare of the municipality, province, region or country. Mayors of municipalities
of the Metropolitan Manila Area and other metropolitan political subdivisions
shall submit said reports to their respective metropolitan council chairmen and to
the Office of the President;

(2) Enforce all laws and ordinances relative to the governance of the municipality
and the exercise of its corporate powers provided for under Section 22 of this
Code, implement all approved policies, programs, projects, services and activities
of the municipality and, in addition to the foregoing, shall: Ensure that the acts of
the municipality's component barangays and of its officials and employees are
within the scope of their prescribed powers,functions, duties and responsibilities;

(ii) Call conventions, conferences, seminars or meetings of any elective and

appointive officials of the municipality, including provincial officials and national
officials and employees stationed in or assigned to the municipality at such time
and place and on such subject as he may deem important for the promotion of the
general welfare of the local government unit and its inhabitants;

(iii) Issue such executive orders as are necessary for the proper enforcement and
execution of laws and ordinances;

(iv) Be entitled to carry the necessary firearm within his territorial jurisdiction;

(v) Act as the deputized representative of the National Police Commission,

formulate the peace and order plan of the municipality and upon its approval,
implement the same and exercise general and operational control and supervision
over the local police forces in the municipality in accordance with R.A. No. 6975;

(vi) Call upon the appropriate law enforcement agencies to suppress disorder,
riot, lawless violence, rebellion or sedition or to apprehend violators of the law
when public interest so requires and the municipal police forces are inadequate to
cope with the situation or the violators;
164

 (3) Initiate and maximize the generation of resources and revenues, and apply
the same to the implementation of development plans, program objectives and
priorities as provided for under Section 18 of this Code,particularly those
resources and revenues programmed for agro-industrial development and
country-wide growth and progress, and relative thereto, shall:

(i) Require each head of an office or department to prepare and submit an

estimate of appropriations for the ensuing calendar year, in accordance with the
budget preparation process under Title Five, Book II of this Code;

(ii) Prepare and submit to the sanggunian for approval the executive and
supplemental budgets of the municipality for the ensuing calendar year in the
manner provided for under Title Five, Book II of this Code;

(iii) Ensure that all taxes and other revenues of the municipality are collected,
and that municipal funds are applied in accordance with law or ordinance tothe
payment of expenses and settlement of obligations of the municipality;

(iv) Issue licenses and permits and suspend or revoke the same for any violation
of the conditions upon which said licenses or permits had been issued, pursuant
to law or ordinance;

(v) Issue permits, without need of approval therefor from any national agency,
for the holding of activities for any charitable or welfare purpose, excluding
prohibited games of chance or shows contrary to law, public policy and public
morals;

(vi) Require owners of illegally constructed houses, buildings or other structures

to obtain the necessary permit, subject to such fines and penalties as may be
imposed by law or ordinance, or to make necessary changes in the construction of
the same when said construction violates any law or ordinance, or to order the
demolition or removal of said house, building or structure within the period
prescribed by law or ordinance;

(vii) Adopt adequate measures to safeguard and conserve land, mineral, marine,
forest, and other resources of the municipality; provide efficient and effective
property and supply management in the municipality; and protect the funds,
credits, rights and other properties of the municipality; and

(viii) Institute or cause to be instituted administrative or judicial proceedings for

violation of ordinances in the collection of taxes, fees or charges, and for the
recovery of funds and property; and cause the municipality to be defended
against all suits to ensure that its interests, resources and rights shall be
adequately protected;

165

(4) Ensure the delivery of basic services and the provision of adequate facilities
as provided for under Section 17 of this Code and, in addition thereto, shall:

(i) Ensure that the construction and repair of roads and highways funded by the
national government shall be, as far as practicable, carried out in a spatially
contiguous manner and in coordination with the construction and repair of the
roads and bridges of the municipality and the province; and

(ii) Coordinate the implementation of technical services rendered by national

and provincial offices, including public works and infrastructure programs in the
municipality; and

(5) Exercise such other powers and perform such other duties and functions as
may be prescribed by law or ordinance.

(c) During his incumbency, the municipal mayor shall hold office in the
municipal hall.

(d) The municipal mayor shall receive a minimum monthly compensation

corresponding to Salary Grade twenty-seven (27) as prescribed under R.A. No.
6758 and the implementing guidelines issued pursuant thereto.

Article Two. - The Vice Mayor

SEC. 445. Powers, Duties and Compensation.- (a) The vice-mayor shall:

(1) Be the presiding officer of the sangguniang bayan and sign all warrants drawn
on the municipal treasury for all expenditures appropriated for the operation of
the sangguniang bayan;

(2) Subject to civil service law, rules and regulations, appoint all officials and
employees of the sangguniang bayan, except those whose manner of appointment
is specifically provided in this Code;

(3) Assume the office of the municipal mayor for the unexpired term of the latter
in the event of permanent vacancy as provided for in Section 44, Book I of this
Code;

(4) Exercise the powers and perform the duties and functions of the municipal
mayor in cases of temporary vacancy as provided for in Section 46, Book I of this
Code; and,

(5) Exercise such other powers and perform such other duties and functions as
may be prescribed by law or ordinance.

166

(b) Thevice-mayor shall receive a monthly compensation corresponding to Salary

Grade twenty five (25) as prescribed under R.A. No. 6758 and the implementing
guidelines issued pursuant thereto.

Article Three. - The Sangguniang Bayan

SEC. 446. Composition. - (a) The sangguniang bayan, the legislative body of the
municipality, shall be composed of the municipal vice-mayoras the presiding
officer, the regular sanggunian members, the president of the municipal chapter
of the liga ng mga barangay, the president of the pambayang pederasyon ng mga
sangguniang kabataan, and the sectoral representatives, as members.

(b) In addition thereto, there shall be three (3) sectoral representatives: one (1)
from the women; and, as shall be determined by the sanggunian concerned
within ninety (90) days prior to the holding of local elections, one (1) from the
agricultural or industrial workers; and one (1) from the other sectors, including
the urban poor, indigenous cultural communities, or disabled persons.

(c) The regular members of the sangguniang bayan and the sectoral
representatives shall be elected in the manner as may be provided for by law.

SEC. 447. - Powers, Duties, Functions and Compensation. - (a) The sangguniang
bayan, as the legislative body of the municipality, shall enact ordinances, approve
resolutions and appropriate funds for the general welfare of the municipality and
its inhabitants pursuant to Section 16 of this Code and in the proper exercise of
the corporate powers of the municipality as provided for under Section 22 of this
Code, and shall:

(1) Approve ordinances and pass resolutions necessary for an efficient and
effective municipal government, and in this connection shall:

(i) Review all ordinances approved by the sangguniang barangay and executive
orders issued by the punong barangay to determine whether these are within the
scope of the prescribed powers of the sanggunian and of the punong barangay;

(ii) Maintain peace and order by enacting measures to prevent and suppress
lawlessness, disorder, riot, violence, rebellion or sedition and impose penalties for
the violation of said ordinances;

(iii)Approve ordinances imposing a fine not exceeding Two thousand five

hundred pesos (P=2,500.00) or an imprisonment for a period not exceeding six
(6) months, or both in the discretion of the court, for the violation of a municipal
ordinance;

167

 (iv) Adopt measures to protect the inhabitants of the municipality from the
harmful effects of man-made or natural disasters and calamities and to provide
relief services and assistance for victims during and in the aftermath of said
disasters or calamities and their return to productive livelihood following said
events;

(v) Enact ordinances intended to prevent, suppress and impose appropriate

penalties for habitual drunkenness in public places, vagrancy, mendicancy,
prostitution, establishment and maintenance of houses of ill repute, gambling
and other prohibited games of chance, fraudulent devices and ways to obtain
money or property, drug addiction, maintenance of drug dens, drug pushing,
juvenile delinquency, the printing, distribution or exhibition of obscene or
pornographic materials or publications, and such other activities inimical to the
welfare and morals of the inhabitants of the municipality;

(vi) Protect the environment and impose appropriate penalties for acts which
endanger the environment, such as dynamite fishing and other forms of
destructive fishing, illegal logging and smuggling of logs, smuggling of natural
resources products and of endangered species of flora and fauna, slash and burn
farming, and such other activities which result in pollution, acceleration of
eutrophication of rivers and lakes, or of ecological imbalance;

(vii) Subject to the provisions of this Code and pertinent laws, determine the
powers and duties of officials and employees of the municipality;

(viii) Determine the positions and the salaries, wages, allowances and other
emoluments and benefits of officials and employees paid wholly or mainly from
municipal funds and provide for expenditures necessary for the proper conduct of
programs, projects, services, and activities of the municipal government;

(ix) Authorize the payment of compensation to a qualified person not in the

government service who fills up a temporary vacancy or grant honorarium to any
qualified official or employee designated to fill a temporary vacancy in a
concurrent capacity, at the rate authorized by law;

(x) Provide a mechanism and the appropriate funds therefor, to ensure the safety
and protection of all municipal government property, public documents, or
records such as those relating to property inventory, land ownership, records of
births, marriages, deaths, assessments, taxation, accounts, business permits, and
such other records and documents of public interest in the offices and
departments of the municipal government;

(xi) When the finances of the municipal government allow, provide for additional
allowances and other benefits to judges, prosecutors, public elementary and high
school teachers, and other national government officials stationed in or assigned
to the municipality;
168

 (xii) Provide for legal assistance to barangay officials who, in the performance of
their official duties or on the occasion thereof, have to initiate judicial
proceedings or defend themselves against legal action; and, (xiii) Provide for
group insurance or additional insurance coverage for barangay officials, including
members of barangay tanod brigades and other service units, with public or
private insurance companies, when the finances of the municipal government
allow said coverage.

(2) Generate and maximize the use of resources and revenues for the
development plans, program objectives and priorities of the municipality as
provided for under Section 18 of this Code with particular attention to agro-
industrial development and countryside growth and progress, and relative
thereto, shall:

(i) Approve the annual and supplemental budgets of the municipal government
and appropriate funds for specific programs, projects, services and activities of
the municipality, or for other purposes not contrary to law, in order to promote
the general welfare of the municipality and its inhabitants;

(ii) Subject to the provisions of Book II of this Code and applicable laws and
upon the majority vote of all the members of the sangguniang bayan, enact
ordinances levying taxes, fees and charges, prescribing the rates thereof for
general and specific purposes, and granting tax exemptions, incentives or reliefs;

(iii) Subject to the provisions of Book II of this Code and upon the majority vote
of all the members of the sangguniang bayan, authorize the municipal mayor to
negotiate and contract loans and other forms of indebtedness;

(iv) Subject to the provisions of Book II of this Code and applicable laws and
upon the majority vote of all the members of the sangguniang bayan, enact
ordinances authorizing the floating of bonds or other instruments of
indebtedness, for the purpose of raising funds to finance development projects;

(v) Appropriate funds for the construction and maintenance or the rental of
buildings for the use of the municipality and, upon the majority vote of all the
members of the sangguniang bayan, authorize the municipal mayor to lease to
private parties such public buildings held in a proprietary capacity, subject to
existing laws, rules and regulations;

(vi) Prescribe reasonable limits and restraints on the use of property within the
jurisdiction of the municipality;

(vii) Adopt a comprehensive land use plan for the municipality: Provided, That
the formulation, adoption, or modification of said plan shall be in coordination
with the approved provincial comprehensive land use plan;

169

(viii) Reclassify land within the jurisdiction of the municipality, subject to the
pertinent provisions of this Code;

(ix) Enact integrated zoning ordinances in consonance with the approved

comprehensive land use plan, subject to existing laws, rules and regulations;
establish fire limits or zones, particularly in populous centers; and regulate the
construction, repair or modification of buildings within said fire limits or zones in
accordance with the provisions of the Fire Code;

(x) Subject to national law, process and approve subdivision plans for residential,
commercial, or industrial purposes and other development purposes, and collect
processing fees and other charges, the proceeds of which shall accrue entirely to
the municipality: Provided, however, That, where approval by a national agency
or office is required, said approval shall not be withheld for more than thirty (30)
days from receipt of the application. Failure to act on the application within the
period stated above shall be deemed as approval thereof;

(xi) Subject to the provisions of Book II of this Code, grant the exclusive privilege
of constructing fish corrals or fish pens, or the taking or catching of bangus fry,
prawn fry or kawag-kawag or fry of any species or fish within the municipal
waters;

(xii) With the concurrence of at least two-thirds (2/3) of all the members of the
sangguniang bayan, grant tax exemptions, incentives or reliefs to entities engaged
in community growth-inducing industries, subject to the provisions of Chapter 5,
Title I, Book II of this Code;

(xiii) Grant loans or provide grants to other local government units or to

national, provincial and municipal charitable, benevolent or educational
institutions: Provided, That said institutions are operated and maintained within
the municipality;

(xiv) Regulate the numbering of residential, commercial and other buildings;

and,

(xv) Regulate the inspection, weighing and measuring of articles of commerce.

(3) Subject to the provisions of Book II of this Code, grant franchises, enact
ordinances authorizing the issuance of permits or licenses, or enact ordinances
levying taxes, fees and charges upon such conditions and for such purposes
intended to promote the general welfare of the inhabitants of the municipality,
and pursuant to this legislative authority shall:

(i) Fix and impose reasonable fees and charges for all services rendered by the
municipal government to private persons or entities;

170

 (ii) Regulate any business, occupation, or practice of profession or calling which

does not require government examination within the municipality and the
conditions under which the license for said business or practice of profession may
be issued or revoked;

(iii) Prescribe the terms and conditions under which public utilities owned by the
municipality shall be operated by the municipal government or leased to private
persons or entities, preferably cooperatives;

(iv) Regulate the display of and fix the license fees for signs, signboards, or
billboards at the place or places where the profession or business advertised
thereby is, in whole or in part, conducted;

(v) Any law to the contrary notwithstanding, authorize and license the
establishment, operation, and maintenance of cockpits, and regulate cockfighting
and commercial breeding of gamecocks: Provided, That existing rights should not
be prejudiced;

(vi) Subject to the guidelines prescribed by the Department of Transportation

and Communications, regulate the operation of tricycles and grant franchises for
the operation thereof within the territorial jurisdiction of the municipality;

(vii) Upon approval by a majority vote of all the members of the sangguniang
bayan, grant a franchise to any person, partnership, corporation, or cooperative
to establish, construct, operate and maintain ferries, wharves, markets or
slaughterhouses, or such other similar activities within the municipality as may
be allowed by applicable laws: Provided, That, cooperatives shall be given
preference in the grant of such a franchise.

(4) Regulate activities relative to the use of land, buildings and structures within
the municipality in order to promote the general welfare and for said purpose
shall:

(i) Declare, prevent or abate any nuisance;

(ii) Require that buildings and the premises thereof and any land within the
municipality be kept and maintained in a sanitary condition; impose penalties for
any violation thereof, or upon failure to comply with said requirement, have the
work done and require the owner, administrator or tenant concerned to pay the
expenses of the same; or require the filling up of any land or premises to a grade
necessary for proper sanitation;

(iii) Regulate the disposal of clinical and other wastes from hospitals, clinics and
other similar establishments;

171

 (iv) Regulate the establishment, operation and maintenance of cafes, restaurants,

beerhouses, hotels, motels, inns, pension houses, lodging houses, and other
similar establishments, including tourist guides and transports;

(v) Regulate the sale, giving away or dispensing of any intoxicating malt, vino,
mixed or fermented liquors at any retail outlet;

(vi) Regulate the establishment and provide for the inspection of steam boilers or
any heating device in buildings and the storage of inflammable and highly
combustible materials within the municipality;

(vii) Regulate the establishment, operation, and mainte nance of entertainment

or amusement facilities, including theatrical performances, circuses, billiard
pools, public dancing schools, public dance halls, sauna baths, massage parlors,
and other places of entertainment or amusement; regulate such other events or
activities for amusement or entertainment, particularly those which tend to
disturb the community or annoy the inhabitants, or require the suspension or
suppression of the same; or, prohibit certain forms of amusement or
entertainment in order to protect the social and moral welfare of the community;

(viii) Provide for the impounding of stray animals; regulate the keeping of
animals in homes or as part of a business, and the slaughter, sale or disposition of
the same; and adopt measures to prevent and penalize cruelty to animals; and

(ix) Regulate the establishment, operation, and maintenance of funeral parlors

and the burial or cremation of the dead, subject to existing laws, rules and
regulations.

(5) Approve ordinances which shall ensure the efficient and effective delivery of
the basic services and facilities as provided for under Section 17 of this Code, and
in addition to said services and facilities, shall:

(i) Provide for the establishment, maintenance, protection, and conservation of

communal forests and water sheds, tree parks, greenbelts, mangroves, and other
similar forest development projects;

(ii) Establish markets, slaughterhouses or animal corrals and authorize the

operation thereof, and regulate the construction and operation of private
markets, talipapas or other similar buildings and structures;

(iii) Authorize the establishment, maintenance and operation of ferries, wharves,

and other structures, and marine and seashore or offshore activities intended to
accelerate productivity;

(iv) Regulate the preparation and sale of meat, poultry, fish, vegetables, fruits,
fresh dairy products, and other foodstuffs for public consumption;

172

 (v) Regulate the use of streets, avenues, alleys, sidewalks, bridges, parks and
other public places and approve the construction, improvement, repair and
maintenance of the same; establish bus and vehicle stops and terminals or
regulate the use of the same by privately-owned vehicles which serve the public;
regulate garages and the operation of conveyances for hire; designate stands to be
occupied by public vehicles when not in use; regulate the putting up of signs,
signposts, awnings and awning posts on the streets; and provide for the lighting,
cleaning and sprinkling of streets and public places;

(vi) Regulate traffic on all streets and bridges, prohibit the putting up of
encroachments or obstacles thereon, and, when necessary in the interest of public
welfare, authorize the removal of encroachments and illegal constructions in
public places;

(vii) Subject to existing laws, provide for the establishment, operation,

maintenance, and repair of an efficient waterworks system to supply water for the
inhabitants; regulate the construction, maintenance, repair and use of hydrants,
pumps, cisterns and reservoirs; protect the purity and quantity of the water
supply of the municipality and, for this purpose, extend the coverage of
appropriate ordinances over all territory within the drainage area of said water
supply and within one hundred (100) meters of the reservoir, conduit, canal,
aqueduct, pumping station, or watershed used in connection with the water
service; and regulate the consumption, use or wastage of water;

(viii) Regulate the drilling and excavation of the ground for the laying of water,
gas, sewer, and other pipes and the construction, repair and maintenance of
public drains, sewers, cesspools, tunnels and similar structures; regulate the
placing of poles and the use of crosswalks, curbs, and gutters; adopt measures to
ensure public safety against open canals, manholes, live wires and other similar
hazards to life and property; and, regulate the construction and use of private
water closets, privies and other similar structures in buildings and homes;

(ix) Regulate the placing, stringing, attaching, installing, repair and construction
of all gas mains, electric, telegraph and telephone wires, conduits, meters and
other apparatus; and, provide for the correction, condemnation or removal of the
same when found to be dangerous, defective or otherwise hazardous to the
welfare of the inhabitants;

(x) Subject to the availability of funds and to existing laws, rules and regulations,
establish and provide for the operation of vocational and technical schools and
similar post-secondary institutions and, with the approval of the Department of
Education, Culture and Sports, fix and collect reasonable fees and other school
charges on said institutions, subject to existing laws on tuition fees;

(xi) Establish a scholarship fund for poor but deserving students residing within
the municipality in schools located within its jurisdiction;
173

 (xii) Approve measures and adopt quarantine regulations to prevent the

introduction and spread of diseases;

(xiii) Provide for an efficient and effective system of solid waste and garbage
collection and disposal and prohibit littering and the placing or throwing of
garbage, refuse and other filth and wastes;

(xiv) Provide for the care of paupers, the aged, the sick, persons of unsound
mind, disabled persons, abandoned minors, juvenile delinquents, drug
dependents, abused children and other needy and disadvantaged persons,
particularly children and youth below eighteen (18) years of age and, subject to
availability of funds, establish and provide for the operation of centers and
facilities for said needy and disadvantaged persons;

(xv) Establish and provide for the maintenance and improvement of jails and
detention centers, institute sound jail management programs, and appropriate
funds for the subsistence of detainees and convicted prisoners in the
municipality;

(xiv) Establish a municipal council whose purpose is the promotion of culture

and the arts, coordinate with government agencies and non-governmental
organizations and, subject to the availability of funds, appropriate funds for the
support and development of the same; and

(xvii) Establish a municipal council for the elderly which shall formulate policies
and adopt measures mutually beneficial to the elderly and to the community;
provide incentives for non-governmental agencies and entities and, subject to the
availability of funds, appropriate funds to support programs and projects for the
benefit of the elderly; and

(6) Exercise such other powers and perform such other duties and functions as
may be prescribed by law or ordinance.

(b) The members of the sangguniang bayan shall receive a minimum monthly
compensation corresponding to Salary Grade twenty-four (24) as prescribed
under R.A. 6758 and the implementing guidelines issued pursuant thereto:
Provided, That, in municipalities in the Metropolitan Manila Area and other
metropolitan political subdivisions, members of the sangguniang bayan shall
receive a minimum monthly compensation corresponding to Salary grade twenty-
five (25).

TITLE THREE. - THE CITY

CHAPTER 1 - ROLE AND CREATION OF THE CITY

174

SEC. 448. Role of the City. - The city, consisting of more urbanized and developed
barangays, serves as a general-purpose government for the coordination and
delivery of basic, regular, and direct services and effective governance of the
inhabitants within its territorial jurisdiction.

SEC. 449. Manner of Creation. - A city may be created, divided, merged,

abolished, or its boundary substantially altered, only by an Act of Congress, and
subject to approval by a majority of the votes cast in a plebiscite to be conducted
by the Comelec in the local government unit or units directly affected. Except as
may otherwise be provided in such Act, the plebiscite shall be held within one
hundred twenty (120) days from the date of its effectivity.

SEC. 450. Requisites for Creation. - (a) A municipality or a cluster of barangays

may be converted into a component city if it has an average annual income, as
certified by the Department of Finance, of at least Twenty million pesos
(P20,000,000.00) for the last two (2) consecutive years based on 1991 constant
prices, and if it has either of the following requisites:

(i) a contiguous territory of at least one hundred (100) square kilometers, as

certified by the Lands Management Bureau; or,

(ii) a population of not less than one hundred fifty thousand (150,000)
inhabitants, as certified by the National Statistics Office: Provided, That, the
creation thereof shall not reduce the land area, population, and income of the
original unit or units at the time of said creation to less than the minimum
requirements prescribed herein.

(b) The territorial jurisdiction of a newly-created city shall be properly identified

by metes and bounds. The requirement on land area shall not apply where the
city proposed to be created is composed of one (1) or more islands. The territory
need not be contiguous if it comprises two (2) or more islands.

(c) The average annual income shall include the income accruing to the general
fund, exclusive of special funds, transfers, and non-recurring income.

SEC. 451. Cities, Classified. - A city may either be component or highly urbanized:
Provided, however, That the criteria established in this Code shall not affect the
classification and corporate status of existing cities. Independent component
cities are those component cities whose charters prohibit their voters from voting
for provincial elective officials. Independent component cities shall be
independent of the province.

SEC. 452. Highly Urbanized Cities. - (a) Cities with a minimum population of two
hundred thousand (200,000) inhabitants, as certified by the National Statistics
Office, and with the latest annual income of at least Fifty Million Pesos

175

(P=50,000,000.00) based on 1991 constant prices, as certified by the city

treasurer, shall be classified as highly urbanized cities.

(b) Cities which do not meet the above requirements shall be considered
component cities of the province in which they are geographically located. If a
component city is located within the boundaries of two (2) or more provinces,
such city shall be considered a component of the province of which it used to be a
municipality.

(c) Qualified voters of highly urbanized cities shall remain excluded from voting
for elective provincial officials. Unless otherwise provided in the Constitution or
this Code, qualified voters of independent component cities shall be governed by
their respective charters, as amended, on the participation of voters in provincial
elections. Qualified voters of cities who acquired the right to vote for elective
provincial officials prior to the classification of said cities as highly-urbanized
after the ratification of the Constitution and before the effectivity of this Code,
shall continue to exercise such right.

SEC. 453. Duty to Declare Highly Urbanized Status. - It shall be the duty of the
President to declare a city as highly urbanized within thirty (30) days after it shall
have met the minimum requirements prescribed in the immediately preceding
section, upon proper application therefor and ratification in a plebiscite by the
qualified voters therein.

CHAPTER 2 - CITY OFFICIALS IN GENERAL

SEC. 454. Officials of the City Government. - (a) There shall be in each city a
mayor, a vice-mayor, sangguniang panlungsod members, a secretary to the
sangguniang panlungsod, a city treasurer, a city assessor, a city accountant, a city
budget officer, a city planning and development coordinator, a city engineer, a
city health officer, a city civil registrar, a city administrator, a city legal officer, a
city veterinarian, a city social welfare and development officer, and a city general
services officer.

(b) In addition thereto, the city mayor may appoint a city architect, a city
information officer, a city agriculturist, a city population officer, a city
environment and natural resources officer, and a city cooperatives officer. The
appointment of a city population officer shall be optional in the city: Provided,
however, That cities which have existing population offices shall continue to
maintain such offices for a period of five (5) years from the date of the effectivity
of this Code, after which said offices shall become optional.

(c) The sangguniang panlungsod may:

176

 (1) Maintain existing offices not mentioned in subsections (a) and (b) hereof;

(2) Create such other offices as may be necessary to carry out the purposes of the
city government; or

(3) Consolidate the functions of any office with those of another in the interest of
efficiency and economy.

(d) Unless otherwise provided herein, heads of departments and offices shall be
appointed by the city mayor with the concurrence of the majority of all the
sangguniang panlungsod members, subject to civil service law, rules and
regulations. The sangguniang panlungsod shall act on the appointment within
fifteen (15) days from the date of its submission, otherwise the same shall be
deemed confirmed.

(e) Elective and appointive city officials shall receive such compensation,
allowances, and other emoluments as may be determined by law or ordinance,
subject to the budgetary limitations on personal services prescribed under Title
Five, Book II of this Code: Provided, That, no increase in compensation of the
mayor, vice-mayor and sangguniang panlungsod members shall take effect until
after the expiration of the full term of the said local officials approving such
increase.

CHAPTER 3 - OFFICIALS AND OFFICES COMMON TO ALL CITIES

Article One. - The City Mayor

SEC. 455. Chief Executive; Powers, Duties and Compensation. - (a) The city
mayor, as chief executive of the city government, shall exercise such powers and
perform such duties and functions as provided by this Code and other laws.

(b) For efficient, effective and economical governance the purpose of which is the
general welfare of the city and its inhabitants pursuant to Section 16 of this Code,
the city mayor shall:

(1) Exercise general supervision and control over all programs, projects, services,
and activities of the city government, and in this connection, shall:

177

 (i) Determine the guidelines of city policies and be responsible to the

sangguniang panlungsod for the program of government;

(ii) Direct the formulation of the city development plan, with the assistance of the
city development council, and upon approval thereof by the sangguniang
panlungsod, implement the same;

(iii) Present the program of government and propose policies and projects for the
consideration of the sangguniang panlungsod at the opening of the regular
session of the sangguniang panlungsod every calendar year and as often as may
be deemed necessary as the general welfare of the inhabitants and the needs of
the city government may require;

(iv) Initiate and propose legislative measures to the sangguniang panlungsod and
as often as may be deemed necessary, provide such information and data needed
or requested by said sanggunian in the performance of its legislative functions;

(v) Appoint all officials and employees whose salaries and wages are wholly or
mainly paid out of city funds and whose appointments are not otherwise provided
for in this Code, as well as those he may be authorized by law to appoint;

(vi) Represent the city in all its business transactions and sign in its behalf all
bonds, contracts, and obligations, and such other documents upon authority of
the sangguniang panlungsod or pursuant to law or ordinance;

(vii)Carry out such emergency measures as may be necessary during and in the
aftermath of man-made and natural disasters and calamities;

(viii)Determine the time, manner and place of payment of salaries or wages of

the officials and employees of the city, in accordance with law or ordinance;

(ix) Allocate and assign office space to city and other officials and employees
who, by law or ordinance, are entitled to such space in the city hall and other
buildings owned or leased by the city government;

(x) Ensure that all executive officials and employees of the city faithfully
discharge their duties and functions as provided by law and this Code, and cause
to be instituted administrative or judicial proceedings against any official or
employee of the city who may have committed an offense in the performance of
his official duties;

(xi) Examine the books, records and other documents of all offices, officials,
agents or employees of the city and, in aid of his executive powers and authority,
require all national officials and employees stationed in or assigned to the city to
make available to him such books, records, and other documents in their custody,
except those classified by law as confidential;

178

 (xii) Furnish copies of executive orders issued by him, to the provincial governor
in the case of component city mayors, to the Office of the President in the case of
highly-urbanized city mayors, and to their respective metropolitan council
chairmen in the case of mayors of cities in the Metropolitan Manila Area and
other metropolitan political subdivisions, within seventy-two (72) hours after
their issuance;

(xiii) Visit component barangays of the city at least once every six (6) months to
deepen his understanding of problems and conditions, listen and give appropriate
counsel to local officials and inhabitants, inform the component barangay
officials and inhabitants of general laws and ordinances which especially concern
them, and otherwise conduct visits and inspections to ensure that the governance
of the city will improve the quality of life of the inhabitants;

(xiv) Act on leave applications of officials and employees appointed by him and
the commutation of the monetary value of their leave credits in accordance with
law;

(xv) Authorize official trips of city officials and employees outside of the city for a
period not exceeding thirty (30) days;

(xvi) Call upon any national official or employee stationed in or assigned to the
city to advise him on matters affecting the city and to make recommendations
thereon; coordinate with said official or employee in the formulation and
implementation of plans, programs and projects; and, when appropriate, initiate
an administrative or judicial action against a national government official or
employee who may have committed an offense in the performance of his official
duties while stationed in or assigned to the city;

(xvii) Authorize payment for medical care, necessary transportation, subsistence,

hospital or medical fees of city officials and employees who are injured while in
the performance of their official duties and functions, subject to availability of
funds;

(xviii) Solemnize marriage, any provision of law to the contrary notwithstanding;

(xix) Conduct an annual palarong panlungsod, which shall feature traditional

sports and disciplines included in national and international games, in
coordination with the Department of Education, Culture and Sports; and,

(xx)Submit to the provincial governor, in the case of component cities; to the

Office of the President, in the case of highly-urbanized cities; to their respective
metropolitan authority council chairmen and to the Office of the President, in the
case of cities of the Metropolitan Manila Area and other metropolitan political
subdivisions, the following reports: an annual report containing a summary of all
matters pertinent to the management, administration and development of the
179

city and all information and data relative to its political, social and economic
conditions; and supplemental reports when unexpected events and situations
arise at any time during the year, particularly when man-made or natural
disasters or calamities affect the general welfare of the city, province, region or
country;

(2) Enforce all laws and ordinances relative to the governance of the city and in
the exercise of the appropriate corporate powers provided for under Section 22 of
this Code, implement all approved policies, programs, projects, services and
activities of the city and, in addition to the foregoing, shall:

(i) Ensure that the acts of the city's component barangays and of its officials and
employees are within the scope of their prescribed powers, duties and functions;

(ii) Call conventions, conferences, seminars, or meetings of any elective and

appointive officials of the city, including provincial officials and national officials
and employees stationed in or assigned to the city, at such time and place and on
such subject as he may deem important for the promotion of the general welfare
of the local government unit and its inhabitants;

(iii) Issue such executive orders for the faithful and appropriate enforcement and
execution of laws and ordinances;

(iv) Be entitled to carry the necessary firearm within his territorial jurisdiction;

(v) Act as the deputized representative of the National Police Commission,

formulate the peace and order plan of the city and upon its approval, implement
the same; and as such exercise general and operational control and supervision
over the local police forces in the city, in accordance with R.A. No. 6975;

(vi) Call upon the appropriate law enforcement agencies to suppress disorder,
riot, lawless violence, rebellion or sedition, or to apprehend violators of the law
when public interest so requires and the city police forces are inadequate to cope
with the situation or the violators;

(3) Initiate and maximize the generation of resources and revenues, and apply
the same to the implementation of development plans, program objectives and
priorities as provided for under Section 18 of this Code, particularly those
resources and revenues programmed for agro-industrial development and
countryside growth and progress and, relative thereto, shall:

(i) Require each head of an office or department to prepare and submit an

estimate of appropriations for the ensuing calendar year, in accordance with the
budget preparations process under Title Five, Book II of this Code;

180

 (ii) Prepare and submit to the sanggunian for approval the executive and
supplemental budgets of the city for the ensuing calendar year in the manner
provided for under Title Five, Book II of this Code;

(iii) Ensure that all taxes and other revenues of the city are collected, and that
city funds are applied to the payment of expenses and settlement of obligations of
the city, in accordance with law or ordinance;

(iv) Issue licenses and permits and suspend or revoke the same for any violation
of the conditions upon which said licenses or permits had been issued, pursuant
to law or ordinance;

(v) Issue permits, without need of approval therefor from any national agency,
for the holding of activities for any charitable or welfare purpose, excluding
prohibited games of chance or shows contrary to law, public policy and public
morals;

(vi) Require owners of illegally constructed houses, buildings or other structures

to obtain the necessary permit, subject to such fines and penalties as may be
imposed by law or ordinance, or to make necessary changes in the construction of
the same when said construction violates any law or ordinance, or to order the
demolition or removal of said house, building or structure within the period
prescribed by law or ordinance;

(vii) Adopt adequate measures to safeguard and conserve land, mineral, marine,
forest, and other resources of the city; provide efficient and effective property and
supply management in the city; and protect the funds, credits, rights and other
properties of the city; and

(viii) Institute or cause to be instituted administrative or judicial proceedings for

violation of ordinances in the collection of taxes, fees or charges, and for the
recovery of funds and property; and cause the city to be defended against all suits
to ensure that its interests, resources and rights shall be adequately protected;

(4) Ensure the delivery of basic services and the provision of adequate facilities
as provided for under Section 17 of this Code and, in addition thereto, shall:

(i) Ensure that the construction and repair of roads and highways funded by the
national government shall be, as far as practicable, carried out in a spatially
contiguous manner and in coordination with the construction and repair of the
roads and bridges of the city, and in the case of component cities, of the city and
of the province; and

(ii) Coordinate the implementation of technical services, including public works

and infrastructure programs, rendered by national offices in the case of highly

181

urbanized and independent component cities, and by national and provincial

offices in the case of component cities; and

(5) Exercise such other powers and perform such other duties and functions as
may be prescribed by law or ordinance.

(c) During his incumbency, the city mayor shall hold office in the city hall.

(d) The city mayor shall receive a minimum monthly compensation

corresponding to Salary Grade Thirty (30) as prescribed under R.A. No. 6758 and
the implementing guidelines issued pursuant thereto.

Article Two. - The City Vice-Mayor

SEC. 456. Powers, Duties and Compensation. - (a) The cityvice-mayor shall:

(1) Be the presiding officer of the sangguniang panlungsod and sign all warrants
drawn on the city treasury for all expenditures appropriated for the operation of
the sangguniang panlungsod;

(2) Subject to civil service law, rules and regulations, appoint all officials and
employees of the sangguniang panlungsod, except those whose manner of
appointment is specifically provided in this Code;

(3) Assume the office of the city mayor for the unexpired term of the latter in the
event of permanent vacancy as provided for in Section 44, Book I of this Code;

(4) Exercise the powers and perform the duties and functions of the city mayor in
cases of temporary vacancy as provided for in Section 46, Book I of this Code; and

(5) Exercise such other powers and perform such other duties and functions as
may be prescribed by law or ordinance.

(b) The city vice-mayor shall receive a monthly compensation corresponding to

Salary Grade twenty eight (28) for a highly urbanized city and Salary Grade
twenty six (26) for a component city, as prescribed under R.A. No. 6758 and the
implementing guidelines issued pursuant thereto.

Article Three. - The Sangguniang Panlungsod

SEC. 457. Composition. - (a) The sangguniang panlungsod, the legislative body of
the city, shall be composed of the city vice-mayor as presiding officer, the regular
sanggunian members, the president of the city chapter of the liga ng mga
barangay, the president of the panlungsod na pederasyon ng mga sangguniang
kabataan, and the sectoral representatives, as members.
182

 (b) In addition thereto, there shall be three (3) sectoral representatives: one (1)
from the women; and, as shall be determined by the sanggunian concerned
within ninety (90) days prior to the holding of the local elections, one (1) from the
agricultural or industrial workers; and one (1) from the other sectors, including
the urban poor, indigenous cultural communities, or disabled persons.

(c) The regular members of the sangguniang panlungsod and the sectoral
representatives shall be elected in the manner as may be provided for by law.

SEC. 458. - Powers, Duties, Functions and Compensation. - (a) The sangguniang
panlungsod, as the legislative body of the city, shall enact ordinances, approve
resolutions and appropriate funds for the general welfare of the city and its
inhabitants pursuant to Section 16 of this Code and in the proper exercise of the
corporate powers of the city as provided for under Section 22 of this Code, and
shall:

(1) Approve ordinances and pass resolutions necessary for an efficient and
effective city government, and in this connection, shall:

(i) Review all ordinances approved by the sangguniang barangay and executive
orders issued by the punong barangay to determine whether these are within the
scope of the prescribed powers of the sanggunian and of the punong barangay;

(ii) Maintain peace and order by enacting measures to prevent and suppress
lawlessness, disorder, riot, violence, rebellion or sedition and impose penalties for
the violation of said ordinances;

(iii) Approve ordinances imposing a fine not exceeding Five thousand pesos
(P5,000.00) or an imprisonment for a period not exceeding one (1) year, or both
in the discretion of the court, for the violation of a city ordinance;

(iv) Adopt measures to protect the inhabitants of the city from the harmful
effects of man-made or natural disasters and calamities, and to provide relief
services and assistance for victims during and in the aftermath of said disasters or
calamities and their return to productive livelihood following said events;

(v) Enact ordinances intended to prevent, suppress and impose appropriate

penalties for habitual drunkenness in public places, vagrancy, mendicancy,
prostitution, establishment and maintenance of houses of ill repute, gambling
and other prohibited games of chance, fraudulent devices and ways to obtain
money or property, drug addiction, maintenance of drug dens, drug pushing,
juvenile delinquency, the printing, distribution or exhibition of obscene or
pornographic materials or publications, and such other activities inimical to the
welfare and morals of the inhabitants of the city;

183

 (vi) Protect the environment and impose appropriate penalties for acts which
endanger the environment, such as dynamite fishing and other forms of
destructive fishing, illegal logging and smuggling of logs, smuggling of natural
resources products and of endangered species of flora and fauna, slash and burn
farming, and such other activities which result in pollution, acceleration of
eutrophication of rivers and lakes, or of ecological imbalance;

(vii) Subject to the provisions of this Code and pertinent laws, determine the
powers and duties of officials and employees of the city;

(viii) Determine the positions and the salaries, wages, allowances and other
emoluments and benefits of officials and employees paid wholly or mainly from
city funds and provide for expenditures necessary for the proper conduct of
programs, projects, services, and activities of the city government;

(ix) Authorize the payment of compensation to a qualified person not in the

government service who fills up a temporary vacancy or grant honorarium to any
qualified official or employee designated to fill a temporary vacancy in a
concurrent capacity, at the rate authorized by law;

(x) Provide a mechanism and the appropriate funds therefor, to ensure the safety
and protection of all city government property, public documents, or records such
as those relating to property inventory, land ownership, records of births,
marriages, deaths, assessments, taxation, accounts, business permits, and such
other records and documents of public interest in the offices and departments of
the city government;

(xi) When the finances of the city government allow, provide for additional
allowances and other benefits to judges, prosecutors, public elementary and high
school teachers, and other national government officials stationed in or assigned
to the city;

(xii) Provide legal assistance to barangay officials who, in the performance of

their official duties or on the occasion thereof, have to initiate judicial
proceedings or defend themselves against legal action; and

(xiii) Provide for group insurance or additional insurance coverage for all
barangay officials, including members of barangay tanod brigades and other
service units, with public or private insurance companies, when the finances of
the city government allow said coverage;

(2) Generate and maximize the use of resources and revenues for the
development plans, program objectives and priorities of the city as provided for
under Section 18 of this Code, with particular attention to agro-industrial
development and city-wide growth and progress, and relative thereto, shall:

184

 (i) Approve the annual and supplemental budgets of the city government and
appropriate funds for specific programs, projects, services and activities of the
city, or for other purposes not contrary to law, in order to promote the general
welfare of the city and its inhabitants;

(ii) Subject to the provisions of Book II of this Code and applicable laws and
upon the majority vote of all the members of the sangguniang panlungsod, enact
ordinances levying taxes, fees and charges, prescribing the rates thereof for
general and specific purposes, and granting tax exemptions, incentives or reliefs;

(iii) Subject to the provisions of Book II of this Code and upon the majority vote
of all the members of the sangguniang panlungsod, authorize the city mayor to
negotiate and contract loans and other forms of indebtedness;

(iv) Subject to the provisions of Book II of this Code and applicable laws and
upon the majority vote of all the members of the sangguniang panlungsod, enact
ordinances authorizing the floating of bonds or other instruments of
indebtedness, for the purpose of raising funds to finance development projects;

(v) Appropriate funds for the construction and maintenance or the rental of
buildings for the use of the city; and, upon the majority vote of all the members of
the sangguniang panlungsod, authorize the city mayor to lease to private parties
such public buildings held in a proprietary capacity, subject to existing laws, rules
and regulations;

(vi) Prescribe reasonable limits and restraints on the use of property within the
jurisdiction of the city;

(vii) Adopt a comprehensive land use plan for the city: Provided, That in the case
of component cities, the formulation, adoption or modification of said plan shall
be in coordination with the approved provincial comprehensive land use plan;

(viii) Reclassify land within the jurisdiction of the city, subject to the pertinent
provisions of this Code;

(ix) Enact integrated zoning ordinances in consonance with the approved

comprehensive land use plan, subject to existing laws, rules and regulations;
establish fire limits or zones, particularly in populous centers; and regulate the
construction, repair or modification of buildings within said fire limits or zones in
accordance with the provisions of the Fire Code;

(x) Subject to national law, process and approve subdivision plans for residential,
commercial, or industrial purposes and other development purposes, and to
collect processing fees and other charges, the proceeds of which shall accrue
entirely to the city: Provided, however, That where approval of a national agency
or office is required, said approval shall not be withheld for more than thirty (30)
185

days from receipt of the application. Failure to act on the application within the
period stated above shall be deemed as approval thereof;

(xi) Subject to the provisions of Book II of this Code, grant the exclusive privilege
of constructing fish corrals or fish pens, or the taking or catching of bangus fry,
prawn fry or kawag-kawag, or fry of any species or fish within the city waters;

(xii) With the concurrence of at least two-thirds (2/3) of all the members of the
sangguniang panlungsod, grant tax exemptions, incentives or reliefs to entities
engaged in community growth-inducing industries, subject to the provisions of
Chapter 5, Title I, Book II of this Code;

(xiii) Grant loans or provide grants to other local government units or to

national, provincial, and city charitable, benevolent or educational institutions:
Provided, That, said institutions are operated and maintained within the city;

(xiv)Regulate the numbering of residential, commercial and other buildings; and,

(xv) Regulate the inspection, weighing and measuring of articles of commerce.

(3) Subject to the provisions of Book II of this Code, enact ordinances granting
franchises and authorizing the issuance of permits or licenses, upon such
conditions and for such purposes intended to promote the general welfare of the
inhabitants of the city and pursuant to this legislative authority shall:

(i) Fix and impose reasonable fees and charges for all services rendered by the
city government to private persons or entities;

(ii) Regulate or fix license fees for any business or practice of profession within
the city and the conditions under which the license for said business or practice of
profession may be revoked and enact ordinances levying taxes thereon;

(iii) Provide for and set the terms and conditions under which public utilities
owned by the city shall be operated by the city government, and prescribe the
conditions under which the same may be leased to private persons or entities,
preferably cooperatives;

(iv) Regulate the display of and fix the license fees for signs, signboards, or
billboards at the place or places where the profession or business advertised
thereby is, in whole or in part, conducted;

(v) Any law to the contrary notwithstanding, authorize and license the
establishment, operation, and maintenance of cockpits, and regulate cockfighting
and commercial breeding of gamecocks: Provided, That existing rights should not
be prejudiced;

186

 (vi) Subject to the guidelines prescribed by the Department of Transportation

and Communications, regulate the operation of tricycles and grant franchises for
the operation thereof within the territorial jurisdiction of the city;

(vii)Upon approval by a majority vote of all the members of the sangguniang

panlungsod: grant a franchise to any person, partnership, corporation, or
cooperative to do business within the city; establish, construct, operate and
maintain ferries, wharves, markets or slaughterhouses; or undertake such other
activities within the city as may be allowed by existing laws: Provided, That,
cooperatives shall be given preference in the grant of such a franchise.

(4) Regulate activities relative to the use of land, buildings and structures within
the city in order to promote the general welfare and for said purpose shall:

(i) Declare, prevent or abate any nuisance;

(ii) Require that buildings and the premises thereof and any land within the city
be kept and maintained in a sanitary condition; impose penalties for any violation
thereof; or, upon failure to comply with said requirement, have the work done at
the expense of the owner, administrator or tenant concerned; or require the
filling up of any land or premises to a grade necessary for proper sanitation;

(iii) Regulate the disposal of clinical and other wastes from hospitals, clinics and
other similar es ta bl is hm en ts ;

(iv) Regulate the establishment, operation and cafes, restaurants, beerhouses,

hotels, motels, inns, pension houses, lodging houses, and other similar
establishments, including tourist guides and transports;

(v) Regulate the sale, giving away or dispensing of any intoxicating malt, vino,
mixed or fermented liquors at any retail outlet;

(vi) Regulate the establishment and provide for the inspection of steam boilers or
any heating device in buildings and the storage of inflammable and highly
combustible materials within the city;

(vii) Regulate the establishment, operation, and maintenance of any

entertainment or amusement facilities, including theatrical performances,
circuses, billiard pools, public dancing schools, public dance halls, sauna baths,
massage parlors, and other places for entertainment or amusement; regulate such
other events or activities for amusement or entertainment, particularly those
which tend to disturb the community or annoy the inhabitants, or require the
suspension or suppression of the same; or, prohibit certain forms of amusement
or entertainment in order to protect the social and moral welfare of the
community;

187

 (viii)Provide for the impounding of stray animals; regulate the keeping of

animals in homes or as part of a business, and the slaughter, sale or disposition of
the same; and adopt measures to prevent and penalize cruelty to animals; and,

(ix) Regulate the establishment, operation and maintenance of funeral parlors

and the burial or cremation of the dead, subject to existing laws, rules and
regulations.

(5) Approve ordinances which shall ensure the efficient and effective delivery of
the basic services and facilities as provided for under Section 17 of this Code, and
in addition to said services and facilities, shall:

(i) Provide for the establishment, maintenance, protection, and conservation of

communal forests and water sheds, tree parks, greenbelts, mangroves, and other
similar forest development projects;

(ii) Establish markets, slaughterhouses or animal corrals and authorize the

operation thereof by the city government; and regulate the construction and
operation of private markets, talipapas or other similar buildings and structures;

(iii)Authorize the establishment, maintenance and operation by the city

government of ferries, wharves, and other structures intended to accelerate
productivity related to marine and seashore or offshore activities;

(iv) Regulate the preparation and sale of meat, poultry, fish, vegetables, fruits,
fresh dairy products, and other foodstuffs for public consumption;

(v) Regulate the use of streets, avenues, alleys, sidewalks, bridges, parks and
other public places and approve the construction, improvement, repair and
maintenance of the same; establish bus and vehicle stops and terminals or
regulate the use of the same by privately-owned vehicles which serve the public;
regulate garages and the operation of conveyances for hire; designate stands to be
occupied by public vehicles when not in use; regulate the putting up of signs,
signposts, awnings and awning posts on the streets; and provide for the lighting,
cleaning and sprinkling of streets and public places;

(vi) Regulate traffic on all streets and bridges; prohibit encroachments or

obstacles thereon and, when necessary in the interest of public welfare, authorize
the removal of encroachments and illegal constructions in public places;

(vii)Subject to existing laws, establish and provide for the maintenance, repair
and operation of an efficient waterworks system to supply water for the
inhabitants and to purify the source of the water supply; regulate the
construction, maintenance, repair and use of hydrants, pumps, cisterns and
reservoirs; protect the purity and quantity of the water supply of the city and, for
this purpose, extend the coverage of appropriate ordinances over all territory
188

within the drainage area of said water supply and within one hundred (100)
meters of the reservoir, conduit, canal, aqueduct, pumping station, or watershed
used in connection with the water service; and regulate the consumption, use or
wastage of water and fix and collect charges therefor;

(viii) Regulate the drilling and excavation of the ground for the laying of water,
gas, sewer, and other pipes and the construction, repair and maintenance of
public drains, sewers, cesspools, tunnels and similar structures; regulate the
placing of poles and the use of crosswalks, curbs, and gutters; adopt measures to
ensure public safety against open canals, manholes, live wires and other similar
hazards to life and property; and regulate the construction and use of private
water closets, privies and other similar structures in buildings and homes;

(ix) Regulate the placing, stringing, attaching, installing, repair and construction
of all gas mains, electric, telegraph and telephone wires, conduits, meters and
other apparatus; and provide for the correction, condemnation or removal of the
same when found to be dangerous, defective, or otherwise hazardous to the
welfare of the inhabitants;

(x) Subject to the availability of funds and to existing laws, rules and regulations,
establish and provide for the operation of vocational and technical schools and
similar post-secondary institutions and, with the approval of the Department of
Education, Culture and Sports and subject to existing law on tuition fees, fix and
collect reasonable tuition fees and other school charges in educational institutions
supported by the city government;

(xi) Establish a scholarship fund for the poor but deserving students in schools
located within its jurisdiction or for students residing within the city;

(xii) Approve measures and adopt quarantine regulations to prevent the

introduction and spread of diseases;

(xiii) Provide for an efficient and effective system of solid waste and garbage
collection and disposal; prohibit littering and the placing or throwing of garbage,
refuse and other filth and wastes;

(xiv) Provide for the care of disabled persons, paupers, the aged, the sick, persons
of unsound mind, abandoned minors, juvenile delinquents, drug dependents,
abused children and other needy and disadvantaged persons, particularly
children and youth below eighteen (18) years of age; and, subject to availability of
funds, establish and provide for the operation of centers and facilities for said
needy and disadvantaged persons;

(xv) Establish and provide for the maintenance and improvement of jails and
detention centers, institute a sound jail management, and appropriate funds for
the subsistence of detainees and convicted prisoners in the city;
189

(xvi) Establish a City council whose purpose is the promotion of culture and the
arts, coordinate with government agencies and non-governmental organizations
and, subject to the availability of funds, appropriate funds for the support and
development of the same; and

(xvii) Establish a City council for the elderly which shall formulate policies and
adopt measures mutually beneficial to the elderly and to the community; provide
incentives for non-governmental agencies and entities and, subject to the
availability of funds, appropriate funds to support programs and projects for the
benefit of the elderly; and (6) Exercise such other powers and perform such other
duties and functions as may be prescribed by law or ordinance.

(b) The members of the sangguniang panlungsod of component cities shall

receive a minimum monthly compensation corresponding to Salary Grade
twenty-five (25) and members of the sangguniang panlungsod of highly-
urbanized cities shall receive a minimum monthly compensation corresponding
to Salary Grade twenty-seven (27), as prescribed under R.A. 6758 and the
implementing guidelines issued pursuant thereto.

TITLE FOUR. - THE PROVINCE

CHAPTER 1 - ROLE AND CREATION OF THE PROVINCE

SEC. 459. Role of the Province. - The province, composed of a cluster of

municipalities, or municipalities and component cities, and as a political and
corporate unit of government, serves as a dynamic mechanism for developmental
processes and effective governance of local government units within its territorial
jurisdiction.

SEC. 460. Manner of Creation. - A province may be created, divided, merged,

abolished, or its boundary substantially altered, only by an Act of Congress and
subject to approval by a majority of the votes cast in a plebiscite to be conducted
by the Comelec in the local government unit or units directly affected. The
plebiscite shall be held within one hundred twenty (120) days from the date of
effectivity of said Act, unless otherwise provided therein.

SEC. 461. Requisites for Creation. - (a) A province may be created if it has an
average annual income, as certified by the Department of Finance, of not less
than Twenty million pesos (P=20,000,000.00) based on 1991 constant prices and
either of the following requisites:

(i) a contiguous territory of at least two thousand (2,000) square kilometers, as

certified by the Lands Management Bureau; or,

190

 (ii) a population of not less than two hundred fifty thousand (250,000)
inhabitants as certified by the National Statistics Office:

Provided, That, the creation thereof shall not reduce the land area, population,
and income of the original unit or units at the time of said creation to less than
the minimum requirements prescribed herein.

(b) The territory need not be contiguous if it comprises two (2) or more islands or
is separated by a chartered city or cities which do not contribute to the income of
the province.

(c) The average annual income shall include the income accruing to the general
fund, exclusive of special funds, trust funds, transfers, and non-recurring income.

SEC. 462. Existing Sub-Provinces. - Existing sub- provinces are hereby converted
into regular provinces upon approval by a majority of the votes cast in a plebiscite
to be held in the said subprovinces and the original provinces directly affected.
The plebiscite shall be conducted by the Comelec simultaneously with the
national elections following the effectivity of this Code.

The new legislative districts created as a result of such conversion shall continue
to be represented in Congress by the duly-elected representatives of the original
districts out of which said new provinces or districts were created until their own
representatives shall have been elected in the next regular congressional elections
and qualified.

The incumbent elected officials of the said sub- provinces converted into regular
provinces shall continue to hold office until June 30, 1992. Any vacancy occurring
in the offices occupied by said incumbent elected officials, or resulting from
expiration of their terms of office in case of a negative vote in the plebiscite
results, shall be filled by appointment by the President. The appointees shall hold
office until their successors shall have been elected in the regular local elections
following the plebiscite mentioned herein and qualified. After effectivity of such
conversion, the President shall fill up the position of governor of the newly-
created province through appointment if none has yet been appointed to the same
as hereinbefore provided, and shall also appoint a vice-governor and the other
members of the sangguniang panlalawigan, all of whom shall likewise hold office
until their successors shall have been elected in the next regular local elections
and qualified.

All qualified appointive officials and employees in the career service of the said
subprovinces at the time of their conversion into regular provinces shall continue
in office in accordance with civil service law, rules and regulations.

CHAPTER 2 - PROVINCIAN OFFICIALS IN GENERAL

191

SEC. 463. Officials of the Provincial Government. - (a) There shall be in each
province a governor, avice-governor, members of the sangguniang panlalawigan,
a secretary to the sangguniang panlalawigan, a provincial treasurer, a provincial
assessor, a provincial accountant, a provincial engineer, a provincial budget
officer, a provincial planning and development coordinator, a provincial legal
officer, a provincial administrator, a provincial health officer, a provincial social
welfare and development officer, a provincial general services officer, a provincial
agriculturist, and a provincial veterinarian.

(b) In addition thereto, the governor may appoint a provincial population officer,
a provincial natural resources and environment officer, a provincial cooperative
officer, a provincial architect, and a provincial information officer. The
appointment of a provincial population officer shall be optional in the province:
Provided, however, That provinces which have existing population offices shall
continue to maintain such offices for a period of five (5) years from the date of the
effectivity of this Code, after which said offices shall become optional.

(c) The sangguniang panlalawigan may:

(1) Maintain existing offices not mentioned in subsections (a) and (b) hereof;

(2) Create such other offices as may be necessary to carry out the purposes of the
provincial government; or

(3) Consolidate the functions of any office with those of another in the interest of
efficiency and economy;

(d) Unless otherwise provided herein, heads of departments and offices shall be
appointed by the governor with the concurrence of the majority of all the
sangguniang panlalawigan members, subject to civil service law, rules and
regulations. The sangguniang panlalawigan shall act on the appointment within
fifteen (15) days from the date of its submission; otherwise the same shall be
deemed confirmed;

(e) Elective and appointive provincial officials shall receive such compensation,
allowances, and other emoluments as may be determined by law or ordinance,
subject to the budgetary limitations on personal services prescribed under Title
Five, Book II of this Code: Provided, That, no increase in compensation shall take
effect until after the expiration of the full term of all the elective officials
approving such increase.

SEC. 464. Residence and Office. - During the incumbency of the governor, he
shall have his official residence in the capital of the province. All elective and
appointive provincial officials shall hold office in the provincial capital: Provided,
That, upon resolution of the sangguniang panlalawigan, elective and appointive
provincial officials may hold office in any component city or municipality within
192

the province for a period of not more than seven (7) days for any given month.

CHAPTER 3 - OFFICIALS AND OFFICES COMMON TO ALL

PROVINCES

Article One. The Provincial Governor

SEC. 465. The Chief Executive: Powers, Duties, Functions, and Compensation. -
(a) The provincial governor, as the chief executive of the provincial government,
shall exercise such powers and perform such duties and functions as provided by
this Code and other laws.

(b) For efficient, effective and economical governance the purpose of which is the
general welfare of the province and its inhabitants pursuant to Section 16 of this
Code, the provincial governor shall:

(1) Exercise general supervision and control over all programs, projects, services,
and activities of the provincial government, and in this connection, shall:

(i) Determine the guidelines of provincial policies and be responsible to the

sangguniang panlalawigan for the program of government;

(ii) Direct the formulation of the provincial development plan, with the assistance
of the provincial development council, and upon approval thereof by the
sangguniang panlalawigan, implement the same;

(iii)Present the program of government and propose policies and projects for the
consideration of the sangguniang panlalawigan at the opening of the regular
session of the sangguniang panlalawigan every calendar year and as often as may
be deemed necessary as the general welfare of the inhabitants and the needs of
the provincial government may require;

(iv) Initiate and propose legislative measures to the sangguniang panlalawigan

and as often as may be deemed necessary, provide such information and data
needed or requested by said sanggunian in the performance of its legislative
functions;

(v) Appoint all officials and employees whose salaries and wages are wholly or
mainly paid out of provincial funds and whose appointments are not otherwise
provided for in this Code, as well as those he may be authorized by law to appoint;
193

 (vi) Represent the province in all its business transactions and sign in its behalf
all bonds, contracts, and obligations, and such other documents upon authority of
the sangguniang panlalawigan or pursuant to law or ordinance;

(vii) Carry out such emergency measures as may be necessary during and in the
aftermath of man-made and natural disasters and calamities;

(viii) Determine the time, manner and place of payment of salaries or wages of
the officials and employees of the province, in accordance with law or ordinance;

(ix) Allocate and assign office space to provincial and other officials and
employees who, by law or ordinance, are entitled to such space in the provincial
capitol and other buildings owned or leased by the provincial government;

(x) Ensure that all executive officials and employees of the province faithfully
discharge their duties and functions as provided by law and this Code, and cause
to be instituted administrative or judicial proceedings against any official or
employee of the province who may have committed an offense in the performance
of his official duties;

(xi) Examine the books, records and other documents of all offices, officials,
agents or employees of the province and, in aid of his executive powers and
authority, require all national officials and employees stationed in the province to
make available to him such books, records, and other documents in their custody,
except those classified by law as confidential;

(xii) Furnish copies of executive orders issued by him to the Office of the
President within seventy-two (72) hours after their issuance;

(xiii) Visit component cities and municipalities of the province at least once every
six (6) months to deepen his understanding of problems and conditions, listen
and give appropriate counsel to local officials and inhabitants, inform the officials
and inhabitants of component cities and municipalities of general laws and
ordinances which especially concern them, and otherwise conduct visits and
inspections to ensure that the governance of the province will improve the quality
of life of the inhabitants;

(xiv) Act on leave applications of officials and employees appointed by him and
the commutation of the monetary value of leave credits in accordance with law;

(xv) Authorize official trips of provincial officials and employees outside of the
province for a period not exceeding thirty (30) days;

(xvi) Call upon any national official or employee stationed in or assigned to the
province to advise him on matters affecting the province and to make
recommendations thereon; coordinate with said official or employee in the

194

formulation and implementation of plans, programs and projects; and when

appropriate, initiate an administrative or judicial action against a national
government official or employee who may have committed an offense in the
performance of his official duties while stationed in or assigned to the province;

(xvii) Authorize payment for medical care, necessary transportation, subsistence,

hospital or medical fees of provincial officials and employees who are injured
while in the performance of their official duties and functions, subject to
availability of funds;

(xviii) Represent the province in inter-provincial or regional sports councils or

committees, and coordinate the efforts of component cities or municipalities in
the regional or national palaro or sports development activities;

(xix) Conduct an annual palarong panlalawigan, which shall feature traditional

sports and disciplines included in national and international games, in
coordination with the Department of Education, Culture and Sports; and,

(xx) Submit to the Office of the President the following reports: an annual report
containing a summary of all matters pertinent to the management,
administration and development of the province and all information and data
relative to its political, social and economic conditions; and supplemental reports
when unexpected events and situations arise at any time during the year,
particularly when man-made or natural disasters or calamities affect the general
welfare of the province, region or country;

(2) Enforce all laws and ordinances relative to the governance of the province
and the exercise of the appropriate corporate powers provided for under Section
22 of this Code, implement all approved policies, programs, projects, services and
activities of the province and, in addition to the foregoing, shall:

(i) Ensure that the acts of the component cities and municipalities of the
province and of its officials and employees are within the scope of their
prescribed powers, duties and functions;

(ii) Call conventions, conferences, seminars, or meetings of any elective and

appointive officials of the province and its component cities and municipalities,
including national officials and employees stationed in or assigned to the
province, at such time and place and on such subject as he may deem important
for the promotion of the general welfare of the province and its inhabitants;

(iii) Issue such executive orders for the faithful and appropriate enforcement and
execution of laws and ordinances;

(iv) Be entitled to carry the necessary firearm within his territorial jurisdiction;

195

 (v) In coordination with the mayors of component cities and municipalities and
the National Police Commission, formulate the peace and order plan of the
province and upon its approval, implement the same in accordance with R.A. No.
6975;

(vi) Call upon the appropriate national law enforcement agencies to suppress
disorder, riot, lawless violence, rebellion or sedition or to apprehend violators of
the law when public interest so requires and the police forces of the component
city or municipality where the disorder or violation is happening are inadequate
to cope with the situation or the violators;

(3) Initiate and maximize the generation of resources and revenues, and apply the
same to the implementation of development plans, program objectives and
priorities as provided for under Section 18 of this Code, particularly those
resources and revenues programmed for agro-industrial development and
country-wide growth and progress and, relative thereto, shall:

(i) Require each head of an office or department to prepare and submit an

estimate of appropriations for the ensuing calendar year, in accordance with the
budget preparation process under Title Five, Book II of this Code; (ii) Prepare
and submit to the sanggunian for approval the executive and supplemental
budgets of the province for the ensuing calendar year in the manner provided for
under Title Five, Book II of this Code;

(iii) Ensure that all taxes and other revenues of the province are collected, and
that provincial funds are applied to the payment of expenses and settlement of
obligations of the province, in accordance with law or ordinance;

(iv) Issue licenses and permits and suspend or revoke the same for any violation
of the conditions upon which said licenses or permits had been issued, pursuant
to law or ordinance;

(v) Adopt adequate measures to safeguard and conserve land, mineral, marine,
forest and other resources of the province, in coordination with the mayors of
component cities and municipalities; provide efficient and effective property and
supply management in the province; and protect the funds, credits, rights, and
other properties of the province; and;

(vi) Institute or cause to be instituted administrative or judicial proceedings for

violation of ordinances in the collection of taxes, fees or charges, and for the
recovery of funds and property; and cause the province to be defended against all
suits to ensure that its interests, resources and rights shall be adequately
protected.

(4) Ensure the delivery of basic services and the provision of adequate facilities
as provided for under Section 17 of this Code, and in addition thereto, shall:
196

 (i) Ensure that the construction and repair of roads and highways funded by the
national government shall be, as far as practicable, carried out in a spatially
contiguous manner and in coordination with the construction and repair of the
roads and bridges of the province and of its component cities and municipalities;
and,

(ii) Coordinate the implementation of technical services by national offices for

the province and its component cities and municipalities, including public works
and infrastructure programs of the provincial government and its component
cities and municipalities;

(5) Exercise such other powers and perform such other duties and functions as
may be prescribed by law or ordinance.

(c) The provincial governor shall receive a minimum monthly compensation

corresponding to Salary Grade thirty (30) prescribed under R.A. No. 6758 and the
implementing guidelines issued pursuant thereto.

Article Two. - The Provincial Vice-Governor

SEC. 466. Powers, Duties, and Compensation. - (a) The vice-governorshall:

(1) Be the presiding officer of the sangguniang panlalawigan and sign all
warrants drawn on the provincial treasury for all expenditures appropriated for
the operation of the sangguniang panlalawigan;

(2) Subject to civil service law, rules and regulations, appoint all officials and
employees of the sangguniang panlalawigan, except those whose manner of
appointment is specifically provided in this Code;

(3) Assume the office of the governor for the unexpired term of the latter in the
event of permanent vacancy as provided for in Section 44, Book I of this Code;

(4) Exercise the powers and perform the duties and functions of the governor in
cases of temporary vacancy as provided for in Section 46, Book I of this Code; and

(5) Exercise such other powers and perform such other duties and functions as
may be prescribed by law or ordinance.

(b) The vice-governor shall receive a monthly compensation corresponding to

Salary Grade twenty-eight (28) as prescribed under R.A. No. 6758 and the
implementing guidelines issued pursuant thereto.

Article Three. - The Sangguniang Panlalawigan

197

SEC. 467. Composition. - (a) The sangguniang panlalawigan, the legislative body
of the province, shall be composed of the provincial vice-governor as presiding
officer, the regular sanggunian members, the president of the provincial chapter
of the liga ng mga barangay, the president of the panlalawigang pederasyon ng
mga sangguniang kabataan, the president of the provincial federation of
sanggunian members of municipalities and component cities, and the sectoral
representatives, as members.

(b) In addition thereto, there shall be three (3) sectoral representatives: one (1)
from the women; and as shall be determined by the sanggunian concerned within
ninety (90) days prior to the holding of the local elections, one (1) from the
agricultural or industrial workers; and one (1) from the other sectors, including
the urban poor, indigenous cultural communities, or disabled persons.

(c) The regular members of the sangguniang panlalawigan and the sectoral
representatives shall be elected in the manner as may be provided for by law.

SEC. 468. Powers, Duties, Functions and Compensation. - (a) The sangguniang
panlalawigan, as the legislative body of the province, shall enact ordinances,
approve resolutions and appropriate funds for the general welfare of the province
and its inhabitants pursuant to Section 16 of this Code and in the proper exercise
of the corporate powers of the province as provided for under Section 22 of this
Code, and shall:

(1) Approve ordinances and pass resolutions necessary for an efficient and
effective provincial government and, in this connection, shall:

(i) Review all ordinances approved by the sanggunians of component cities and
municipalities and executive orders issued by the mayors of said component units
to determine whether these are within the scope of the prescribed powers of the
sanggunian and of the mayor;

(ii) Maintain peace and order by enacting measures to prevent and suppress
lawlessness, disorder, riot, violence, rebellion or sedition and impose penalties for
the violation of said ordinances;

(iii) Approve ordinances imposing a fine not exceeding Five thousand pesos
(P=5,000.00) or imprisonment not exceeding one (1) year, or both in the
discretion of the court, for the violation of a provincial ordinance;

(iv) Adopt measures to protect the inhabitants of the province from the harmful
effects of man-made or natural disasters and calamities, and to provide relief
services and assistance for victims during and in the aftermath of said disasters
and calamities and their return to productive livelihood following said events;

198

 (v) Enact ordinances intended to prevent, suppress and impose appropriate

penalties for habitual drunkenness in public places, vagrancy, mendicancy,
prostitution, establishment and maintenance of houses of ill repute, gambling
and other prohibited games of chance, fraudulent devices and ways to obtain
money or property, drug addiction, maintenance of drug dens, drug pushing,
juvenile delinquency, the printing, distribution or exhibition of obscene or
pornographic materials or publications, and such other activities inimical to the
welfare and morals of the inhabitants of the province;

(vi) Protect the environment and impose appropriate penalties for acts which
endanger the environment, such as dynamite fishing and other forms of
destructive fishing, illegal logging and smuggling of logs, smuggling of natural
resources products and of endangered species of flora and fauna, slash and burn
farming, and such other activities which result in pollution, acceleration of
eutrophication of rivers and lakes, or of ecological imbalance;

(vii) Subject to the provisions of this Code and pertinent laws, determine the
powers and duties of officials and employees of the province;

(viii) Determine the positions and the salaries, wages, allowances and other
emoluments and benefits of officials and employees paid wholly or mainly from
provincial funds and provide for expenditures necessary for the proper conduct of
programs, projects, services, and activities of the provincial government;

(ix) Authorize the payment of compensation to a qualified person not in the

government service who fills up a temporary vacancy, or grant honorarium to any
qualified official or employee designated to fill a temporary vacancy in a
concurrent capacity, at the rate authorized by law;

(x) Provide a mechanism and the appropriate funds therefor, to ensure the safety
and protection of all provincial government property, public documents, or
records such as those relating to property inventory, land ownership, records of
births, marriages, deaths, assessments, taxation, accounts, business permits, and
such other records and documents of public interest in the offices and
departments of the provincial government; and

(xi) When the finances of the provincial government allow, provide for additional
allowances and other benefits to judges, prosecutors, public elementary and high
school teachers, and other national government officials stationed or assigned to
the province.

(2) Generate and maximize the use of resources and revenues for the
development plans, program objectives and priorities of the province as provided
for under Section 18 of this Code, with particular attention to agro-industrial
development and country-wide growth and progress and relative thereto, shall:

199

(i) Enact the annual and supplemental appropriations of the provincial

government and appropriate funds for specific programs, projects, services and
activities of the province, or for other purposes not contrary to law, in order to
promote the general welfare of the province and its inhabitants;

(ii) Subject to the provisions of Book II of this Code and applicable laws and
upon the majority vote of all the members of the sangguniang panlalawigan, enact
ordinances levying taxes, fees and charges, prescribing the rates thereof for
general and specific purposes, and granting tax exemptions, incentives or reliefs;

(iii) Subject to the provisions of Book II of this Code and applicable laws and
upon the majority vote of all the members of the sangguniang panlalawigan,
authorize the provincial governor to negotiate and contract loans and other forms
of indebtedness;

(iv) Subject to the provisions of Book II of this Code and applicable laws and
upon the majority vote of all the members of the sangguniang panlalawigan, enact
ordinances authorizing the floating of bonds or other instruments of
indebtedness, for the purpose of raising funds to finance development projects;

(v) Appropriate funds for the construction and maintenance or the rental of
buildings for the use of the province; and upon the majority vote of all the
members of the sangguniang panlalawigan, authorize the provincial governor to
lease to private parties such public buildings held in a proprietary capacity,
subject to existing laws, rules and regulations;

(vi) Prescribe reasonable limits and restraints on the use of property within the
jurisdiction of the province;

(vii) Review the comprehensive land use plans and zoning ordinances of
component cities and municipalities and adopt a comprehensive provincial land
use plan, subject to

(viii) Adopt measures to enhance the full implementation of the national agrarian
reform program in coordination with the Department of Agrarian Reform;

(3) Subject to the provisions of Book II of this Code, grant franchises, approve
the issuance of permits or licenses, or enact ordinances levying taxes, fees and
charges upon such conditions and for such purposes intended to promote the
general welfare of the inhabitants of the province, and pursuant to this legislative
authority, shall:

(i) Fix and impose reasonable fees and charges for all services rendered by the
provincial government to private persons or entities; and

200

(ii) Regulate and fix the license fees for such activities as provided for under this
Code.

(4) Approve ordinances which shall ensure the efficient and effective delivery of
the basic services and facilities as provided for under Section 17 of this Code, and,
in addition to said services and facilities, shall:

(i) Adopt measures and safeguards against pollution and for the preservation of
the natural ecosystem in the province, in consonance with approved standards on
human settlements and environmental sanitation;

(ii) Subject to applicable laws, facilitate or provide for the establishment and
maintenance of a waterworks system or district waterworks for supplying water
to inhabitants of component cities and municipalities;

(iii) Subject to the availability of funds and to existing laws, rules and
regulations, provide for the establishment and operation of vocational and
technical schools and similar post-secondary institutions; and, with the approval
of the Department of Education, Culture and Sports and subject to existing laws
on tuition fees, fix reasonable tuition fees and other school charges in educational
institutions supported by the provincial government;

(iv) Establish a scholarship fund for the poor but deserving students in schools
located within its jurisdiction or for students residing within the province;

(v) Approve measures and adopt quarantine regulations to prevent the

introduction and spread of diseases within its territorial jurisdiction;

(vi) Provide for the care of paupers, the aged, the sick, persons of unsound mind,
abandoned minors, abused children, disabled persons, juvenile delinquents, drug
dependents, and other needy and disadvantaged persons, particularly children
and youth below eighteen (18) years of age; subject to availability of funds,
establish and support the operation of centers and facilities for said needy and
disadvantaged persons; and facilitate efforts to promote the welfare of families
below the poverty threshold, the disadvantaged, and the exploited;

(vii) Establish and provide for the maintenance and improvement of jails and
detention centers, institute a sound jail management program, and appropriate
funds for the subsistence of detainees and convicted prisoners in the province;

(viii) Establish a provincial council whose purpose is the promotion of culture

and the arts, coordinate with government agencies and non-governmental
organizations and, subject to the availability of funds, appropriate funds for the
support and development of the same;

201

 (ix) Establish a provincial council for the elderly which shall formulate policies
and adopt measures mutually beneficial to the elderly and to the province; and
subject to the availability of funds, appropriate funds to support programs and
projects for the elderly; and provide incentives for non- governmental agencies
and entities to support the programs and projects of the elderly; and

(5) Exercise such other powers and perform such other duties and functions as
may be prescribed by law or ordinance.

(b) The members of the sangguniang panlalawigan shall receive a minimum

monthly compensation corresponding to Salary Grade twenty-seven (27) as
prescribed under R.A. 6758 and the implementing guidelines issued pursuant
thereto.

TITLE FIVE. - APPOINTIVE LOCAL OFFICIALS COMMON TO ALL

MUNICIPALITIES, CITIES AND PROVINCES

Article One. - Secretary to the Sanggunian

SEC. 469. Qualifications, Powers and Duties. - (a) There shall be a secretary to
the sanggunian who shall be a career official with the rank and salary equal to a
head of department or office.

(b) No person shall be appointed secretary to the sanggunian unless he is a

citizen of the Philippines, a resident of the local government unit concerned, of
good moral character, a holder of a college degree preferably in law, commerce or
public administration from a recognized college or university, and a first grade
civil service eligible or its equivalent. The appointment of a secretary to the
sanggunian is mandatory for provincial, city and municipal governments.

(c) The secretary to the sanggunian shall take charge of the office of the secretary
to the sanggunian and shall:

(1) Attend meetings of the sanggunian and keep a journal of its proceedings;

202

 (2) Keep the seal of the local government unit and affix the same with his
signature to all ordinances, resolutions, and other official acts of the sanggunian
and present the same to the presiding officer for his signature;

(3) Forward to the governor or mayor, as the case may be, for approval, copies of
ordinances enacted by the sanggunian and duly certified by the presiding officer,
in the manner provided in Section 54 under Book I of this Code;

(4) Forward to the sanggunian panlungsod or bayan concerned, in the case of the
sangguniang barangay, and to the sangguniang panlalawigan concerned, in the
case of the sangguniang panlungsod of component cities or sangguniang bayan,
copies of duly approved ordinances, in the manner provided in Sections 56 and 57
under Book I of this Code;

(5) Furnish, upon request of any interested party, certified copies of records of
public character in his custody, upon payment to the treasurer of such fees as may
be prescribed by ordinance;

(6) Record in a book kept for the purpose, all ordinances and resolutions enacted
or adopted by the sanggunian, with the dates of passage and publication thereof;

(7) Keep his office and all non-confidential records therein open to the public
during the usual business hours;

(8) Translate into the dialect used by the majority of the inhabitants all
ordinances and resolutions immediately after their approval, and cause the
publication of the same together with the original version in the manner provided
under this Code; and

(9) Take custody of the local archives and, where applicable, the local library and
annually account for the same; and

(d) Exercise such other powers and perform such other duties and functions as
may be prescribed by law or ordinance relative to his position.

Article Two . - The Treasurer

SEC. 470. Appointment, Qualifications, Powers, and Duties.- (a) The treasurer
shall be appointed by the Secretary of Finance from a list of at least three (3)
ranking, eligible recommendees of the governor or mayor, as the case may be,
subject to civil service law, rules and regulations.

(b) The treasurer shall be under the administrative supervision of the governor
or mayor, as the case may be, to whom he shall report regularly on the tax
collection efforts in the local government unit;

203

 (c) No person shall be appointed treasurer unless he is a citizen of the

Philippines, a resident of the local government unit concerned, of good moral
character, a holder of a college degree preferably in commerce, public
administration or law from a recognized college or university, and a first grade
civil service eligible or its equivalent. He must have acquired experience in
treasury or accounting service for at least five (5) years in the case of the city or
provincial treasurer, and three (3) years in the case of the municipal treasurer.
The appointment of a treasurer shall be mandatory for provincial, city and
municipal governments;

(d) The treasurer shall take charge of the treasury office, perform the duties
provided for under Book II of this Code, and shall:

(1) Advise the governor or mayor, as the case may be, the sanggunian, and other
local government and national officials concerned regarding disposition of local
government funds, and on such other matters relative to public finance;

(2) Take custody of and exercise proper management of the funds of the local
government unit concerned;

(3) Take charge of the disbursement of all local government funds and such other
funds the custody of which may be entrusted to him by law or other competent
authority;

(4) Inspect private commercial and industrial establishments within the

jurisdiction of the local government unit concerned in relation to the
implementation of tax ordinances, pursuant to the provisions under Book II of
this Code;

(5) Maintain and update the tax information system of the local government
unit;

(6) In the case of the provincial treasurer, exercise technical supervision over all
treasury offices of component cities and municipalities; and

(e) Exercise such other powers and perform such other duties and functions as
may be prescribed by law or ordinance.

SEC. 471. Assistant Treasurer. - (a) An assistant treasurer may be appointed by

the Secretary of Finance from a list of at least three (3) ranking, eligible
recommendees of the governor or mayor, subject to civil service law, rules and
regulations.

(b) No person shall be appointed assistant treasurer unless he is a citizen of the

Philippines, a resident of the local government unit concerned, of good moral
character, a holder of a college degree preferably in commerce, public

204

administration, or law from a recognized college or university, and a first grade

civil service eligible or its equivalent. He must have acquired at least five (5) years
experience in the treasury or accounting service in the case of the city or
provincialassistant treasurer, and three (3) years in the case of the municipal
assistant treasurer. The appointment of an assistant treasurer shall be optional
for provincial, city and municipal governments;

(c) The assistant treasurer shall assist the treasurer and perform such duties as
the latter may assign to him. He shall have authority to administer oaths
concerning notices and notifications to those delinquent in the payment of the
real property tax and concerning official matters relating to the accounts of the
treasurer or otherwise arising in the offices of the treasurer and the assessor.

Article Three. - The Assessor

SEC. 472 . Qualifications, Powers and Duties. - (a) No person shall be appointed
assessor unless he is a citizen of the Philippines, a resident of the local
government unit concerned, of good moral character, a holder of a college degree
preferably in civil or mechanical engineering, commerce, or any other related
course from a recognized college or university, and a first grade civil service
eligible or its equivalent. He must have acquired experience in real property
assessment work or in any related field for at least five (5) years in the case of the
city or provincial assessor, and three (3) years in the case of the municipal
assessor. The appointment of an assessor shall be mandatory for provincial, city
and municipal governments.

(b) The assessor shall take charge of the assessor's office, perform the duties
provided for under Book II of this Code, and shall:

(1) Ensure that all laws and policies governing the appraisal and assessment of
real properties for taxation purposes are properly executed;

(2) Initiate, review, and recommend changes in policies and objectives, plans and
programs, techniques, procedures and practices in the valuation and assessment
of real properties for taxation purposes;

(3) Establish a systematic method of real property assessment;

(4) Install and maintain a real property identification and accounting system,

(5) Prepare, install and maintain a system of tax mapping, showing graphically
all property subject to assessment and gather all data concerning the same;

(6) Conduct frequent physical surveys to verify and determine whether all real
properties within the province are properly listed in the assessment rolls;

205

(7) Exercise the functions of appraisal and assessment primarily for taxation
purposes of all real properties in the local government unit concerned;

(8) Prepare a schedule of the fair market value for the different classes of real
properties, in accordance with Title Two under Book II of this Code;

(9) Issue, upon request of any interested party, certified copies of assessment
records of real property and all other records relative to its assessment, upon
payment of a service charge or fee to the treasurer;

(10) Submit every semester a report of all assessments, as well as cancellations

and modifications of assessments to the local chief executive and the sanggunian
concerned;

(11) In the case of the assessor of a component city or municipality attend,

personally or through an authorized representative, all sessions of the local board
of assessment appeals whenever his assessment is the subject of the appeal, and
present or submit any information or record in his possession as may be required
by the board; and,

(12) In the case of the provincial assessor, exercise technical supervision and
visitorial functions over all component city and municipal assessors, coordinate
with component city or municipal assessors in the conduct of tax mapping
operations and all other assessment activities, and provide all forms of assistance
therefor: Provided, however, That, upon full provision by the component city or
municipality concerned to its assessor's office of the minimum personnel ,
equipment, and funding requirements as may be prescribed by the Secretary of
Finance, such functions shall be delegated to the said city or municipal assessor;
and

(c) Exercise such other powers and perform such other duties and functions as
may be prescribed by law or ordinance.

SEC. 473. Assistant Assessor. - (a) No person shall be appointed assistant

assessor unless he is a citizen of the Philippines, a resident of the local
government unit concerned, of good moral character, a holder of a college degree
preferably in civil or mechanical engineering, commerce, or any related course
from a recognized college or university, and a first grade civil service eligible or its
equivalent. He must have acquired experience in assessment or in any related
field for at least three (3) years in the case of the city or provincial assistant
assessor, and one (1) year in the case of the city or provincial assistant assessor.
The appointment of an assistant assessor shall be optional for provincial, city and
municipal governments.

(b) The assistant assessor shall assist the assessor and perform such other duties
as the latter may assign to him. He shall have the authority to administer oaths on
206

all declarations of real property for purposes of assessment.

Article Four. - The Accountant

SEC. 474. Qualifications, Powers and Duties. - (a) No person shall be appointed
accountant unless he is a citizen of the Philippines, a resident of the local
government unit concerned, of good moral character, and a certified public
accountant. He must have acquired experience in the treasury or accounting
service for at least five (5) years in the case of the provincial or city accountant,
and three (3) years in the case of the municipal accountant. The appointment of
an accountant is mandatory for the provincial, city and municipal governments.

(b) The accountant shall take charge of both the accounting and internal audit
services of the local government unit concerned and shall:

(1) Install and maintain an internal audit system in the local government unit
concerned;

(2) Prepare and submit financial statements to the governor or mayor, as the
case may be, and to the sanggunian concerned;

(3) Apprise the sanggunian and other local government officials on the financial
condition and operations of the local government unit concerned;

(4) Certify to the availability of budgetary allotment to which expenditures and

obligations may be properly charged;

(5) Review supporting documents before preparation of vouchers to determine

completeness of requirements;

(6) Prepare statements of cash advances, liquidation, salaries, allowances,

reimbursements and remittances pertaining to the local government unit;

(7) Prepare statements of journal vouchers and liquidation of the same and other
adjustments related thereto;

(8) Post individual disbursements to the subsidiary ledger and index cards;

(9) Maintain individual ledgers for officials and employees of the local
government unit pertaining to payrolls and deductions;

(10) Record and post in index cards details of purchased furniture, fixtures, and
equipment, including disposal thereof, if any;

(11) Account for all issued requests for obligations and maintain and keep all
records and reports related thereto;
207

 (12) Prepare journals and the analysis of obligations and maintain and keep all
records and reports related thereto; and

(13) Exercise such other powers and perform such other duties and functions as
may be provided by law or ordinance.

(c) The incumbent chief accountant in the office of the treasurer shall be given
preference in the appointment to the position of accountant.

Article Five. - The Budget Officer

SEC. 475. Qualifications, Powers and Duties. - (a) No person shall be appointed
budget officer unless he is a citizen of the Philippines, a resident of the local
government unit concerned, of good moral character, a holder of a college degree
preferably in accounting, economics, public administration or any related course
from a recognized college or university, and a first grade civil service eligible or its
equivalent. He must have acquired experience in government budgeting or in any
related field for at least five (5) years in the case of the provincial or city budget
officer, and at least three (3) years in the case of the municipal budget officer. The
appointment of a budget officer shall be mandatory for the provincial, city, and
municipal governments. (b) The budget officer shall take charge of the budget
office and shall:

(1) Prepare forms, orders, and circulars embodying instructions on budgetary

and appropriation matters for the signature of the governor or mayor, as the case
may be;

(2) Review and consolidate the budget proposals of different departments and
offices of the local government unit;

(3) Assist the governor or mayor, as the case may be, in the preparation of the
budget and during budget hearings;

(4) Study and evaluate budgetary implications of proposed legislation and submit
comments and recommendations thereon;

(5) Submit periodic budgetary reports to the Department of Budget and

Management; (6) Coordinate with the treasurer, accountant, and the planning
and development coordinator for the purpose of budgeting;

(7) Assist the sanggunian concerned in reviewing the approved budgets of

component local government units;

(8) Coordinate with the planning and development coordinator in the

formulation of the local government unit development plan; and

208

(c) Exercise such other powers and perform such other duties and functions as
may be prescribed by law or ordinance.

(d) The appropriations for personal services of the budget officer provided under
the Department of Budget and Management shall, upon effectivity of this Code,
be transferred to the local government unit concerned. Thereafter, the
appropriations for personal services of the budget officer shall be provided for in
full in the budget of the local government unit.

Article Six. - The Planning and Development Coordinator

SEC. 476. Qualifications, Powers and Duties. - (a) No person shall be appointed
planning and development coordinator unless he is a citizen of the Philippines, a
resident of the local government unit concerned, of good moral character, a
holder of a college degree preferably in urban planning, development studies,
economics, public administration, or any related course from a recognized college
or university, and a first grade civil service eligible or its equivalent. He must have
acquired experience in development planning or in any related field for at least
five (5) years in the case of the provincial or city planning and development
coordinator, and three (3) years in the case of the municipal planning and
development coordinator. The appointment of a planning and development
coordinator shall be mandatory for provincial, city and municipal governments.

(b) The planning and development coordinator shall take charge of the planning
and development office and shall:

(1) Formulate integrated economic, social, physical, and other development plans
and policies for consideration of the local government development council;

(2) Conduct continuing studies, researches, and training programs necessary to

evolve plans and programs for implementation;

(3) Integrate and coordinate all sectoral plans and studies undertaken by the
different functional groups or agencies;

(4) Monitor and evaluate the implementation of the different development

programs, projects, and activities in the local government unit concerned in
accordance with the approved development plan;

(5) Prepare comprehensive plans and other development planning documents for
the consideration of the local development council;

(6) Analyze the income and expenditure patterns, and formulate and recommend
fiscal plans and policies for consideration of the finance committee of the local
government unit concerned as provided under Title Five, Book II of this Code;

209

(7) Promote people participation in development planning within the local

government unit concerned;

(8) Exercise supervision and control over the secretariat of the local development
council; and

(c) Exercise such other powers and perform such other functions and duties as
may be prescribed by law or ordinance.

Article Seven. - The Engineer

SEC. 477. Qualifications, Powers and Duties. - (a) No person shall be appointed
engineer unless he is a citizen of the Philippines, a resident of the local
government unit concerned, of good moral character, and a licensed civil
engineer. He must have acquired experience in the practice of his profession for
at least five (5) years in the case of the provincial or city engineer, and three (3)
years in the case of the municipal engineer. The appointment of an engineer shall
be mandatory for the provincial, city, and municipal governments. The city and
municipal engineer shall also act as the local building official.

(b) The engineer shall take charge of the engineering office and shall:

(1) Initiate, review and recommend changes in policies and objectives, plans and
programs, techniques, procedures and practices in infrastructure development
and public works in general of the local government unit concerned;

(2) Advise the governor or mayor, as the case may be, on infrastructure, public
works, and other engineering matters;

(3) Administer, coordinate, supervise, and control the construction,

maintenance, improvement, and repair of roads, bridges, and other engineering
and public works projects of the local government unit concerned;

(4) Provide engineering services to the local government unit concerned,

including investigation and survey, engineering designs, feasibility studies, and
project management;

(5) In the case of the provincial engineer, exercise technical supervision over all
engineering offices of component cities and municipalities; and

(c) Exercise such other powers and perform such other duties and functions as
may be prescribed by law or ordinance.

Article Eight. - The Health Officer

210

SEC. 478. Qualifications, Powers and Duties. - (a) No person shall be appointed
health officer unless he is a citizen of the Philippines, a resident of the local
government unit concerned, of good moral character, and a licensed medical
practitioner. He must have acquired experience in the practice of his profession
for at least five (5) years in the case of the provincial or city health officer, and
three (3) years in the case of the municipal health officer. The appointment of a
health officer shall be mandatory for provincial, city and municipal governments.

(b) The health officer shall take charge of the office on health and shall:

(1) Take charge of the office on health services, supervise the personnel and staff
of said office, formulate program implementation guidelines and rules and
regulations for the operation of the said office for the approval of the governor or
mayor, as the case may be, in order to assist him in the efficient, effective and
economical implementation of a health services program geared to
implementation of health-related projects and activities;

(2) Formulate measures for the consideration of the sanggunian and provide
technical assistance and support to the governor or mayor, as the case may be, in
carrying out activities to ensure the delivery of basic services and provision of
adequate facilities relative to health services provided under Section 17 of this
Code;

(3) Develop plans and strategies and upon approval thereof by the governor or
mayor as the case may be, implement the same, particularly those which have to
do with health programs and projects which the governor or mayor, is
empowered to implement and which the sanggunian is empowered to provide for
under this Code;

(4) In addition to the foregoing duties and functions, the health officer shall :

(i) Formulate and implement policies, plans, programs and projects to promote
the health of the people in the local government unit concerned;

(ii) Advise the governor or mayor, as the case may be, and the sanggunian on
matters pertaining to health;

(iii) Execute and enforce all laws, ordinances and regulations relating to public
health;

(iv) Recommend to the sanggunian, through the local health board, the passage
of such ordinances as he may deem necessary for the preservation of public
health;

(v) Recommend the prosecution of any violation of sanitary laws, ordinances or

regulations;

211

 (vi) Direct the sanitary inspection of all business establishments selling food
items or providing accommodations such as hotels, motels, lodging houses,
pension houses, and the like, in accordance with the Sanitation Code;

(vii) Conduct health information campaigns and render health intelligence

services;

(viii) Coordinate with other government agencies and non-governmental

organizations involved in the promotion and delivery of health services; and

(ix) In the case of the provincial health officer, exercise general supervision over
health officers of component cities and municipalities; and

(5) Be in the frontline of health services delivery, particularly during and in the
aftermath of man-made and natural disasters and calamities; and

(c) Exercise such other powers and perform such other duties and functions as
may be prescribed by law or ordinance.

Article Nine. - The Civil Registrar

SEC. 479. Qualifications, Powers and Duties. - (a) No person shall be appointed
civil registrar unless he is a citizen of the Philippines, a resident of the local
government unit concerned, of good moral character, a holder of a college degree
from a recognized college or university, and a first grade civil service eligible or its
equivalent. He must have acquired experience in civil registry work for at least
five (5) years in the case of the city civil registrar and three (3) years in the case of
the municipal civil registrar. The appointment of a civil registrar shall be
mandatory for city and municipal governments.

(b) The civil registrar shall be responsible for the civil registration program in the
local government unit concerned, pursuant to the Civil Registry Law, the Civil
Code, and other pertinent laws, rules and regulations issued to implement them.

(c) The Civil Registrar shall take charge of the office of the civil registry and shall:

(1) Develop plans and strategies and upon approval thereof by the governor or
mayor, as the case may be, implement the same, particularly those which have to
do with civil registry programs and projects which the mayor is empowered to
implement and which the sanggunian is empowered to provide for under this
Code;

(2) In addition to the foregoing duties and functions, the civil registrar shall:

(i) Accept all registrable documents and judicial decrees affecting the civil status
of persons;
212

 (ii) File, keep and preserve in a secure place the books required by law;

(iii)Transcribe and enter immediately upon receipt all registrable documents and
judicial decrees affecting the civil status of persons in the appropriate civil
registry books;

(iv) Transmit to the Office of the Civil Registrar- General, within the prescribed
period, duplicate copies of registered documents required by law;

(v) Issue certified transcripts or copies of any certificate or registered documents

upon payment of the prescribed fees to the treasurer;

(vi) Receive applications for the issuance of a marriage license and, after
determining that the requirements and supporting certificates and publication
thereof for the prescribed period have been complied with, issue the license upon
payment of the authorized fee to the treasurer;

(vii)Coordinate with the National Statistics Office in conducting educational

campaigns for vital registration and assist in the preparation of demographic and
other statistics for the local government unit concerned; and

(3) Exercise such other powers and perform such other duties and functions as
may be prescribed by law or ordinance.

Article Ten. - The Administrator

SEC. 480. Qualifications, Term, Powers and Duties. - (a) No person shall be
appointed administrator unless he is a citizen of the Philippines, a resident of the
local government unit concerned, of good moral character, a holder of a college
degree preferably in public administration, law, or any other related course from
a recognized college or university, and a first grade civil service eligible or its
equivalent. He must have acquired experience in management and
administration work for at least five (5) years in the case of the provincial or city
administrator, and three (3) years in the case of the municipal administrator. The
term of administrator is coterminous with that of his appointing authority. The
appointment of an administrator shall be mandatory for the provincial and city
governments, and optional for the municipal government.

(b) The administrator shall take charge of the office of the administrator and
shall:

(1) Develop plans and strategies and upon approval thereof by the governor or
mayor, as the case may be, implement the same particularly those which have to
do with the management and administration-related programs and projects

213

which the governor or mayor is empowered to implement and which the

sanggunian is empowered to provide for under this Code;

(2) In addition to the foregoing duties and functions, the administrator shall:

(i) Assist in the coordination of the work of all the officials of the local
government unit, under the supervision, direction, and control of the governor or
mayor, and for this purpose, he may convene the chiefs of offices and other
officials of the local government unit;

(ii) Establish and maintain a sound personnel program for the local government
unit designed to promote career development and uphold the merit principle in
the local government service;

(iii) Conduct a continuing organizational development of the local government

unit with the end in view of instituting effective administrative reforms;

(3) Be in the frontline of the delivery of administrative support services,

particularly those related to the situations during and in the aftermath of man-
made and natural disasters and calamities;

(4) Recommend to the sanggunian and advise the governor and mayor, as the
case may be, on all other matters relative to the management and administration
of the local government unit; and

(5) Exercise such other powers and perform such other duties and functions as
may be prescribed by law or ordinance.

Article Eleven. - The Legal Officer

SEC. 481. Qualifications, Term, Powers and Duties. - (a) No person shall be
appointed legal officer unless he is a citizen of the Philippines, a resident of the
local government unit concerned, of good moral character, and a member of the
Philippine Bar. He must have practiced his profession for at least five (5) years in
the case of the provincial and city legal officer, and three (3) years in the case of
the municipal legal officer. The term of the legal officer shall be coterminous with
that of his appointing authority. The appointment of legal officer shall be
mandatory for the provincial and city governments and optional for the municipal
government.

(b) The legal officer, the chief legal counsel of the local government unit, shall
take charge of the office of legal services and shall:

(1) Formulate measures for the consideration of the sanggunian and provide
legal assistance and support to the governor or mayor, as the case may be, in

214

carrying out the delivery of basic services and provisions of adequate facilities as
provided for under Section 17 of this Code;

(2) Develop plans and strategies and upon approval thereof by the governor or
mayor, as the case may be, implement the same, particularly those which have to
do with programs and projects related to legal services which the governor or
mayor is empowered to implement and which the sanggunian is empowered to
provide for under this Code.

(3) In addition to the foregoing duties and functions, the legal officer shall:

(i) Represent the local government unit in all civil actions and special
proceedings wherein the local government unit or any official thereof, in his
official capacity, is a party: Provided, That, in actions or proceedings where a
component city or municipality is a party adverse to the provincial government or
to another component city or municipality, a special legal officer may be
employed to represent the adverse party;

(ii) When required by the governor, mayor or sanggunian, draft ordinances,

contracts, bonds, leases and other instruments, involving any interest of the local
government unit; and provide comments and recommendations on any
instruments already drawn;

(iii) Render his opinion in writing on any question of law when requested to do
so by the governor, mayor, or sanggunian;

(iv) Investigate or cause to be investigated any local official or employee for

administrative neglect or misconduct in office, and recommend appropriate
action to the governor, mayor or sanggunian, as the case may be;

(v) Investigate or cause to be investigated any person, firm or corporation

holding any franchise or exercising any public privilege for failure to comply with
any term or condition in the grant of such franchise or privilege, and
recommending appropriate action to the governor, mayor or sanggunian, as the
case may be;

(vi) When directed by the governor, mayor, or sanggunian, initiate and prosecute
in the interest of the local government unit concerned any civil action on any
bond, lease or other contract upon any breach or violation thereof; and

(vii) Review and submit recommendations on ordinances approved and

executive orders issued by component units;

(3) Recommend measures to the sanggunian and advise the governor or mayor
as the case may be on all other matters related to upholding the rule of law ;

215

 (4) Be in the frontline of protecting human rights and prosecuting any violations
thereof, particularly those which occur during and in the aftermath of man-made
or natural disasters or calamities; and

(5) Exercise such other powers and perform such other duties and functions as
may be prescribed by law or ordinance.

Article Twelve. - The Agriculturist

SEC. 482. Qualifications, Powers and Duties. - (a) No person shall be appointed
agriculturist unless he is a citizen of the Philippines, a resident of the local
government unit concerned, of good moral character, a holder of a college degree
in agriculture or any related course from a recognized college or university, and a
first grade civil service eligible or its equivalent. He must have practiced his
profession in agriculture or acquired experience in a related field for at least five
(5) years in the case of the provincial and city agriculturist, and three (3) years in
the case of the municipal agriculturist. The position of the agriculturist shall be
mandatory for the provincial government and optional for the city and municipal
governments.

(b) The agriculturist shall take charge of the office for agricultural services, and
shall:

(1) Formulate measures for the approval of the sanggunian and provide technical
assistance and support to the governor or mayor, as the case may be, in carrying
out said measures to ensure the delivery of basic services and provision of
adequate facilities relative to agricultural services as provided for under Section
17 of this Code;

(2) Develop plans and strategies and upon approval thereof by the governor or
mayor, as the case may be, implement the same, particularly those which have to
do with agricultural programs and projects which the governor or mayor is
empowered to implement and which the sanggunian us empowered to provide for
under this Code;

(3) In addition to the foregoing duties and functions, the agriculturist shall:

(i) Ensure that maximum assistance and access to resources in the production,
processing and marketing of agricultural and aqua-cultural and marine products
are extended to farmers, fishermen and local entrepreneurs;

(ii) Conduct or cause to be conducted location-specific agricultural researches

and assist in making available the appropriate technology arising out of and
disseminating information on basic research on crops, preventive and control of

216

plant diseases and pests, and other agricultural matters which will maximize
productivity;

(iii) Assist the governor or mayor, as the case may be, in the establishment and
extension services of demonstration farms or aqua-culture and marine products;

(iv) Enforce rules and regulations relating to agriculture and aquaculture;

(v) Coordinate with government agencies and non- governmental organizations

which promote agricultural productivity through appropriate technology
compatible with environmental integrity;

(4) Be in the frontline of delivery of basic agricultural services, particularly those

needed for the survival of the inhabitants during and in the aftermath of man-
made and natural disasters; (5) Recommend to the sanggunian and advise the
governor or mayor, as the case may be, on all other matters related to agriculture
and aqua-culture which will improve the livelihood and living conditions of the
inhabitants; and

(c) Exercise such other powers and perform such other duties and functions as
may be prescribed by law or ordinance.

Article Thirteen. - The Social Welfare and Development Officer

SEC. 483. Qualifications, Powers and Duties. - (a) No person shall be appointed
social welfare and development officer unless he is a citizen of the Philippines, a
resident of the local government unit concerned, of good moral character, a duly
licensed social worker or a holder of a college degree preferably in sociology or
any other related course from a recognized college or university, and a first grade
civil service eligible or its equivalent. He must have acquired experience in the
practice of social work for at least five (5) years in the case of the provincial or city
social welfare and development officer, and three (3) years in the case of the
municipal social welfare and development officer. The appointment of a social
welfare and development officer is mandatory for provincial and city
governments, and optional for municipal government.

(b) The social welfare and development officer shall take charge of the office on
social welfare and development services and shall:

(1) Formulate measures for the approval of the sanggunian and provide technical
assistance and support to the governor or mayor, as the case may be, in carrying
out measures to ensure the delivery of basic services and provision of adequate
facilities relative to social welfare and development services as provided for under
Section 17 of this Code;

217

(2) Develop plans and strategies and upon approval thereof by the governor or
mayor, as the case may be, implement the same particularly those which have to
do with social welfare programs and projects which the governor or mayor is
empowered to implement and which the sanggunian is empowered to provide for
under this Code;

(3) In addition to the foregoing duties, the social welfare and development officer
shall:

(i) Identify the basic needs of the needy, the disadvantaged and the impoverished
and develop and implement appropriate measures to alleviate their problems and
improve their living conditions;

(ii) Provide relief and appropriate crisis intervention for victims of abuse and
exploitation and recommend appropriate measures to deter further abuse and
exploitation;

(iii) Assist the governor or mayor, as the case may be, in implementing the
barangay level program for the total development and protection of children up to
six (6) years of age;

(iv) Facilitate the implementation of welfare programs for the disabled, elderly,
and victims of drug addiction, the rehabilitation of prisoners and parolees, the
prevention of juvenile delinquency and such other activities which would
eliminate or minimize the ill-effects of poverty;

(v) Initiate and support youth welfare programs that will enhance the role of the
youth in nation-building;

(vi) Coordinate with government agencies and non- governmental organizations

which have for their purpose the promotion and the protection of all needy,
disadvantaged, underprivileged or impoverished groups or individuals,
particularly those identified to be vulnerable and high-risk to exploitation, abuse
and neglect;

(4) Be in the frontline of service delivery, particularly those which have to do

with immediate relief during and assistance in the aftermath of man-made and
natural disaster and natural calamities;

(5) Recommend to the sanggunian and advise the governor or mayor, as the case
may be, on all other matters related to social welfare and development services
which will improve the livelihood and living conditions of the inhabitants; and

(c) Exercise such other powers and perform such other duties and functions as
may be prescribed by law or ordinance.

218

 Article Fourteen. - The Environment and Natural Resources Officer

SEC. 484. Qualifications, Powers and Duties. - (a) No person shall be appointed
environment and natural resources officer unless he is a citizen of the Philippines,
a resident of the local government unit concerned, of good moral character, a
holder of a college degree preferably in environment, forestry, agriculture or any
related course from a recognized college or university, and a first grade civil
service eligible or its equivalent. He must have acquired experience in
environmental and natural resources management, conservation, and utilization,
of at least five (5) years in the case of the provincial or city environment and
natural resources officer, and three (3) years in the case of the municipal
environment and natural resources officer. The appointment of the environment
and natural resources officer is optional for provincial, city, and municipal
governments.

(b) The environment and natural resources management officer shall take charge
of the office on environment and natural resources and shall:

(1) Formulate measures for the consideration of the sanggunian and provide
technical assistance and support to the governor or mayor, as the case may be, in
carrying out measures to ensure the delivery of basic services and provision of
adequate facilities relative to environment and natural resources services as
provided for under Section 17 of this Code;

(2) Develop plans and strategies and upon approval thereof by the governor or
mayor, as the case may be, implement the same, particularly those which have to
do with environment and natural resources programs and projects which the
governor or mayor is empowered to implement and which the sanggunian is
empowered to provide for under this Code;

(3) In addition to the foregoing duties and functions, the environment and
natural resources officer shall:

(i) Establish, maintain, protect and preserve communal forests, watersheds, tree
parks, mangroves, greenbelts and similar forest projects and commercial forest,
like industrial tree farms and agro-forestry projects;

(ii) Provide extension services to beneficiaries of forest development projects and

technical, financial and infrastructure assistance;

(iii) Manage and maintain seed banks and produce seedlings for forests and tree
parks;

(iv) Provide extension services to beneficiaries of forest development projects

and render assistance for natural resources-related conservation and utilization
activities consistent with ecological balance;
219

(v) Promote the small-scale mining and utilization of mineral resources,

particularly mining of gold;

(vi) Coordinate with government agencies and non- governmental organizations

in the implementation of measures to prevent and control land, air and water
pollution with the assistance of the Department of Environment and Natural
Resources;

(4) Be in the frontline of the delivery of services concerning the environment and
natural resources, particularly in the renewal and rehabilitation of the
environment during and in the aftermath of man-made and natural calamities
and disasters;

(5) Recommend to the sanggunian and advise the governor or mayor, as the case
may be, on all matters relative to the protection, conservation, maximum
utilization, application of appropriate technology and other matters related to the
environment and natural resources; and

(c) Exercise such other powers and perform such other duties and functions as
may be prescribed by law or ordinance.

Article Fifteen - The Architect

SEC. 485. Qualifications, Powers and Duties. - (a) No person shall be appointed
architect unless he is a citizen of the Philippines, a resident of the local
government unit concerned, of good moral character, a duly licensed architect.
He must have practiced his profession for at least five (5) years in the case of the
provincial or city architect, and three (3) years in the case of the municipal
architect. The appointment of the architect is optional for provincial, city and
municipal governments.

(b) The architect shall take charge of the office on architectural planning and
design and shall:

(1) Formulate measures for the consideration of the sanggunian and provide
technical assistance and support to the governor or mayor, as the case may be, in
carrying out measures to ensure the delivery of basic services and provision of
adequate facilities relative to architectural planning and design as provided for
under Section 17 of this Code;

(2) Develop plans and strategies and upon approval thereof by the governor or
mayor, as the case may be, implement the same, particularly those which have to
do with architectural planning and design programs and projects which the
governor or mayor is empowered to implement and which the sanggunian is
empowered to provide for under this Code;
220

 (3) In addition to foregoing duties and functions, the architect shall:

(i) Prepare and recommend for consideration of the sanggunian the architectural
plan and design for the local government unit or a part thereof, including the
renewal of slums and blighted areas, land reclamation activities, the greening of
land, and appropriate planning of marine and for esh ore are as;

(ii) Review and recommend for appropriate action of the sanggunian, governor or
mayor, as the case may be, the architectural plans and design submitted by
governmental and non-governmental entities or individuals, particularly those
for undeveloped, underdeveloped, and poorly-designed areas; and

(iii) Coordinate with government and non-government entities and individuals

involved in the aesthetics and the maximum utilization of the land and water
within the jurisdiction of the local government unit, compatible with
environmental integrity and ecological balance.

(4) Be in the frontline of the delivery of services involving architectural planning

and design, particularly those related to the redesigning of spatial distribution of
basic facilities and physical structures during and in the aftermath of man-made
and natural calamities and disasters;

(5) Recommend to the sanggunian and advise the governor or mayor, as the case
may be, on all other matters relative to the architectural planning and design as it
relates to the total socioeconomic development of the local government unit; and

(c) Exercise such other powers and perform such other duties and functions as
may be prescribed by law or ordinance.

Article Sixteen. - The Information Officer

SEC. 486. Qualifications, Powers and Duties. - (a) No person shall be appointed
information officer unless he is a citizen of the Philippines, a resident of the local
government unit concerned, of good moral character, a holder of a college degree
preferably in journalism, mass communication or any related course from a
recognized college or university, and a first grade civil service eligible or its
equivalent. He must have experience in writing articles and research papers, or in
writing for print, television or broadcast media of at least three (3) years in the
case of the provincial or city information officer, and at least one (1) year in the
case of municipal information officer. The appointment of the information officer
is optional for the provincial, city and municipal governments. The term of the
information officer is co-terminous with that of his appointing authority.

(b) The information officer shall take charge of the office on public information
and shall:
221

 (1) Formulate measures for the consideration of the sanggunian and provide
technical assistance and support to the governor or mayor, as the case may be, in
providing the information and research data required for the delivery of basic
services and provision of adequate facilities so that the public becomes aware of
said services and may fully avail of the same;

(2) Develop plans and strategies and, upon approval thereof by the governor or
mayor, as the case may be, implement the same, particularly those which have to
do with public information and research data to support programs and projects
which the governor or mayor is empowered to implement and which the
sanggunian is empowered to provide for under this Code;

(3) In addition to the foregoing duties and functions, the information officer
shall:

(i) Provide relevant, adequate, and timely information to the local government
unit and its residents;

(ii) Furnish information and data on local government units to government

agencies or offices as may be required by law or ordinance; and non-
governmental organizations to be furnished to said agencies and organizations;

(iii) Maintain effective liaison with the various sectors of the community on
matters and issues that affect the livelihood and the quality of life of the
inhabitants and encourage support for programs of the local and national
government;

(4) Be in the frontline in providing information during and in the aftermath of

manmade and natural calamities and disasters, with special attention to the
victims thereof, to help minimize injuries and casualties during and after the
emergency, and to accelerate relief and rehabilitation;

(5) Recommend to the sanggunian and advise the governor or mayor, as the case
may be, on all other matters relative to public information and research data as it
relates to the total socioeconomic development of the local government unit; and

(c) Exercise such other powers and perform such other duties and functions as
may be prescribed by law or ordinance.

Article Seventeen. - The Cooperatives Officer

SEC. 487. Qualifications, Powers and Duties. - (a) No person shall be appointed
cooperative officer unless he is a citizen of the Philippines, a resident of the local
government unit concerned, of good moral character, a holder of a college degree
preferably in business administration with special training in cooperatives or any

222

related course from a recognized college or university, and a first grade civil
service eligible or its equivalent. He must have experience in cooperatives
organization and management of at least five (5) years in the case of the
provincial or city cooperatives officer, and three (3) years in the case of municipal
cooperatives officer. The appointment of the cooperatives officer is optional for
the provincial and city governments.

(b) The cooperatives officer shall take charge of the office for the development of
cooperatives and shall:

(1) Formulate measures for the consideration of the sanggunian, and provide
technical assistance and support to the governor or mayor, as the case may be, in
carrying out measures to ensure the delivery of basic services and provision of
facilities through the development of cooperatives, and in providing access to
such services and facilities;

(2) Develop plans and strategies and, upon approval thereof by the governor or
mayor, as the case may be, implement the same, particularly those which have to
do with the integration of cooperatives principles and methods in programs and
projects which the governor or mayor is empowered to implement and which the
sanggunian is empowered to provide for under this Code;

(3) In addition to the foregoing duties and functions, the cooperatives officer
shall:

(i) Assist in the organization of cooperatives;

(ii) Provide technical and other forms of assistance to existing cooperatives to

enhance their viability as an economic enterprise and social organization;

(iii) Assist cooperatives in establishing linkages with government agencies and

non-government organizations involved in the promotion and integration of the
concept of cooperatives in the livelihood of the people and other community
activities;

(4) Be in the frontline of cooperatives organization, rehabilitation or viability-

enhancement, particularly during and in the aftermath of man-made and natural
calamities and disasters, to aid in their survival and, if necessary subsequent
rehabilitation;

(5) Recommend to the sanggunian, and advise the governor or mayor, as the case
may be, on all other matters relative to cooperatives development and viability-
enhancement which will improve the livelihood and quality of life of the
inhabitants; and

223

(c) Exercise such other powers and perform such other duties and functions as
may be prescribed by law or ordinance.

Article Eighteen. - The Population Officer

SEC. 488. Qualifications, Powers and Duties. - (a) No person shall be appointed
population officer unless he is a citizen of the Philippines, a resident of the local
government unit concerned, of good moral character, a holder of a college degree
with specialized training in population development from a recognized college or
university, and a first grade civil service eligible or its equivalent. He must have
experience in the implementation of programs on population development or
responsible parenthood for at least five (5) years in the case of the provincial or
city population officer and three (3) years in the case of the municipal population
officer.

The appointment of a population officer shall be optional in the local government

unit: Provided, however, That provinces and cities which have existing population
offices shall continue to maintain such offices for a period of five (5) years from
the date of effectivity of this Code, after which said offices shall become optional.

(b) The population officer shall take charge of the office on population
development and shall:

(1) Formulate measures for the consideration of the sanggunian and provide
technical assistance and support to the governor or mayor, as the case may be, in
carrying out measures to ensure the delivery of basic services and provision of
adequate facilities relative to the integration of the population development
principles and in providing access to said services and facilities;

(2) Develop plans and strategies and upon approval thereof by the governor or
mayor, as the case may be, implement the same, particularly those which have to
do with the integration of population development principles and methods in
programs and projects which the governor or mayor is empowered to implement
and which the sanggunian is empowered to provide for under this Code;

(3) In addition to the foregoing duties and functions, the population officer shall:

(i) Assist the governor or mayor, as the case may be, in the implementation of the
Constitutional provisions relative to population development and the promotion
of responsible parenthood;

(ii) Establish and maintain an updated data bank for program operations,
development planning and an educational program to ensure the people's
participation in and understanding of population development;

224

(iii) Implement appropriate training programs responsive to the cultural heritage

of the inhabitants; and

(c) Exercise such other powers and perform such other duties and functions as
may be prescribed by law or ordinance.

Article Nineteen. - The Veterinarian

SEC. 489. Qualifications, Powers and Duties. - (a) No person shall be appointed
veterinarian unless he is a citizen of the Philippines, a resident of the local
government concerned, of good moral character, a licensed doctor of veterinary
medicine. He must have practiced his profession for at least three (3) years in the
case of provincial or city veterinarian and at least one (1) year in the case of the
municipal veterinarian. The appointment of a veterinarian officer is mandatory
for the provincial and city governments.

(b) The veterinarian shall take charge of the office for veterinary services and
shall:

(1) Formulate measures for the consideration of the sanggunian, and provide
technical assistance and support to the governor or mayor, as the case may be, in
carrying out measures to ensure the delivery of basic services and provision of
adequate facilities pursuant to Section 17 of this Code;

(2) Develop plans and strategies and upon approval thereof by the governor or
mayor, as the case may be, implement the same, particularly those which have to
do with the veterinary-related activities which the governor or mayor is
empowered to implement and which the sanggunian is empowered to provide for
under this Code;

(3) In addition to the foregoing duties and functions, the veterinarian shall:

(i) Advise the governor or the mayor, as the case may be, on all matters
pertaining to the slaughter of animals for human consumption and the regulation
of slaughterhouses;

(ii) Regulate the keeping of domestic animals;

(iii) Regulate and inspect poultry, milk and dairy products for public
consumption;

(iv) Enforce all laws and regulations for the prevention of cruelty to animals; and

(v) Take the necessary measures to eradicate, prevent or cure all forms of animal
diseases;

225

 (4) Be in the frontline of veterinary related activities, such as in the outbreak of

highly-contagious and deadly diseases, and in situations resulting in the depletion
of animals for work and human consumption, particularly those arising from and
in the aftermath of man-made and natural calamities and disasters;

(5) Recommend to the sanggunian and advise the governor or mayor, as the case
may be, on all other matters relative to veterinary services which will increase the
number and improve the quality of livestock, poultry and other domestic animals
used for work or human consumption; and

(c) Exercise such other powers and perform such other duties and functions as
may be prescribed by law or ordinance.

Article Twenty. - The General Services Officer

SEC. 490. Qualifications, Powers and Duties. - (a) No person shall be appointed
general services officer unless he is a citizen of the Philippines, a resident of the
local government unit concerned, of good moral character, a holder of a college
degree on public administration, business administration and management from
a recognized college or university, and a first grade civil service eligible or its
equivalent. He must have acquired experience in general services, including
management of supply, property, solid waste disposal, and general sanitation, of
at least five (5) years in the case of the provincial or city general services officer,
and at least three (3) years in the case of the municipal general services officer.
The appointment of a general services officer is mandatory for the provincial and
city governments.

(b) The general services officer shall take charge of the office on general services
and shall:

(1) Formulate measures for the consideration of the sanggunian and provide
technical assistance and support to the governor or mayor, as the case may be, in
carrying out measures to ensure the delivery of basic services and provision of
adequate facilities pursuant to Section 17 of this Code and which require general
services expertise and technical support services;

(2) Develop plans and strategies and upon approval thereof by the governor or
mayor, as the case may be, implement the same, particularly those which have to
do with the general services supportive of the welfare of the inhabitants which the
governor or mayor is empowered to implement and which the sanggunian is
empowered to provide for under this Code;

(3) In addition to the foregoing duties and functions, the general services officer
shall:

226

 (i) Take custody of and be accountable for all properties, real or personal, owned
by the local government unit and those granted to it in the form of donation,
reparation, assistance and counterpart of joint projects;

(ii) With the approval of the governor or mayor, as the case may be, assign
building or land space to local officials or other public officials, who by law, are
entitled to such space;

(iii) Recommend to the governor or mayor, as the case may be, the reasonable
rental rates for local government properties, whether real or personal, which will
be leased to public or private entities by the local government;

(iv) Recommend to the governor or mayor, as the case may be, reasonable rental
rates of private properties which may be leased for the official use of the local
government unit;

(v) Maintain and supervise janitorial, security, landscaping and other related
services in all local government public buildings and other real property, whether
owned or leased by the local government unit;

(vi) Collate and disseminate information regarding prices, shipping and other
costs of supplies and other items commonly used by the local government unit;

(vii) Perform archival and record management with respect to records of offices
and departments of the local government unit; and

(viii) Perform all other functions pertaining to supply and property management
heretofore performed by the local government treasurer; and enforce policies on
records creation, maintenance, and disposal;

(4) Be in the frontline of general services related activities, such as the possible or
imminent destruction or damage to records, supplies, properties, and structures
and the orderly and sanitary clearing up of waste materials or debris, particularly
during and in the aftermath of man-made and natural calamities and disasters;

(5) Recommend to the sanggunian and advise the governor or mayor, as the case
may be, on all other matters relative to general services; and

(c) Exercise such other powers and perform such other duties and functions as
may be prescribed by law or ordinance.

TITLE SIX. - LEAGUES OF LOCAL GOVERNMENT UNITS AND

ELECTIVE OFFICIALS

CHAPTER I - LEAGUES OF LOCAL GOVERNMENT UNITS

227

 Article One. - Liga ng Mga Barangay

SEC. 491. Purpose of Organization. - There shall be an organization of all

barangays to be known as the liga ng mga barangay for the primary purpose of
determining the representation of the Liga in the sanggunians, and for
ventilating, articulating and crystallizing issues affecting barangay government
administration and securing, through proper and legal means, solutions thereto.

SEC. 492. Representation, Chapters, National Liga. - Every barangay shall be

represented in said liga by the punong barangay, or in his absence or incapacity,
by a sanggunian member duly elected for the purpose among its members, who
shall attend all meetings or deliberations called by the different chapters of the
liga. The liga shall have chapters at the municipal, city, provincial and
metropolitan political subdivision levels. The municipal and city chapters of the
liga shall be composed of the barangay representatives of municipal and city
barangays, respectively. The duly elected presidents of component municipal and
city chapters shall constitute the provincial chapter or the metropolitan political
subdivision chapter. The duly elected presidents of highly-urbanized cities,
provincial chapters, the Metropolitan Manila chapter and metropolitan political
subdivision chapters shall constitute the National Liga ng mga Barangay.

SEC. 493. Organization. - The liga at the municipal, city, provincial, metropolitan
political subdivision, and national levels directly elect a president, a vice-
president, and five (5) members of the board of directors. The board shall appoint
its secretary and treasurer and create such other positions as it may deem
necessary for the management of the chapter. A secretary-general shall be elected
from among the members of the national liga and shall be charged with the
overall operation of the liga on the national level. The board shall coordinate the
activi ties of the chapters of the liga.

SEC. 494. Ex-Officio Membership in Sanggunians. - The duly elected presidents

of the liga at the municipal, city and provincial levels, including the component
cities and municipalities of Metropolitan Manila, shall serve as ex-officio
members of the sangguniang bayan, sangguniang panlungsod, sangguniang
panlalawigan, respectively. They shall serve as such only during their term of
office as presidents of the liga chapters, which in no case shall be beyond the term
of office of the sanggunian concerned.

SEC. 495. Powers, Functions and Duties of the Liga. - The Liga shall:

(a) Give priority to programs designed for the total development of the barangays
and in consonance with the policies, programs and projects of the national
government ;

228

 (b) Assist in the education of barangay residents for people's participation in

local government administration in order to promote united and concerted action
to achieve country-wide development goals;

(c) Supplement the efforts of government in creating gainful employment within

the barangay;

(d) Adopt measures to promote the welfare of barangay officials;

(e) Serve as a forum of the barangays in order to forge linkages with government
and non-governmental organizations and thereby promote the social, economic
and political well-being of the barangays; and

(f) Exercise such other powers and perform such other duties and functions
which will bring about stronger ties between barangays and promote the welfare
of the barangay inhabitants.

Article Two. - League of Municipalities

SEC. 496. Purpose of Organization. - There shall be an organization of all

municipalities to be known as league of municipalities for the primary purpose of
ventilating, articulating and crystallizing issues affecting municipal government
administration, and securing, through proper and legal means, solutions thereto.
The league shall form provincial chapters composed of the league presidents for
all component municipalities of the province.

SEC. 497. Representation. - Every municipality shall be represented in the league

by the municipal mayor or in his absence, by the vice-mayor or a sanggunian
member duly elected for the purpose by the members, who shall attend all
meetings and participate in the deliberations of the league.

SEC. 498. Powers, Functions and Duties of the League of Municipalities. -

Theleague of municipalities shall:

(a) Assist the national government in the formulation and implementation of the
policies, programs and projects affecting municipalities as a whole;

(b) Promote local autonomy at the municipal level;

(c) Adopt measures for the promotion of the welfare of all municipalities and its
officials and employees;

(d) Encourage people's participation in local government administration in order

to promote united and concerted action for the attainment of country-wide
development goals;

229

 (e) Supplement the efforts of the national government in creating opportunities

for gainful employment within the municipalities;

(f) Give priority to programs designed for the total development of the
municipalities in consonance with the policies, programs and projects of the
national government;

(g) Serve as a forum for crystallizing and expressing ideas, seeking the necessary
assistance of the national government, and providing the private sector avenues
for cooperation in the promotion of the welfare of the municipalities; and

(h) Exercise such other powers and perform such other duties and functions as
the league may prescribe for the welfare of the municipalities.

Article Three. - League of Cities

SEC. 499. Purpose of Organization. - There shall be an organization of all cities

to be known as the League of Cities for the primary purpose of ventilating,
articulating and crystallizing issues affecting city government administration, and
securing, through proper and legal means, solutions thereto. The League may
form chapters at the provincial level for the component cities of a province.
Highly-urbanized cities may also form a chapter of the League. The National
League shall be composed of the presidents of the league of highly-urbanized
cities and the presidents of the provincial chapters of the league of component
cities.

SEC. 500. Representation. - Every city shall be represented in the league by the
city mayor or in his absence, by the city vice-mayor or a sanggunian member duly
elected for the purpose by the members, who shall attend all meetings and
participate in the deliberations of the league.

SEC. 501. Powers, Functions and Duties of the League of City. - The league of
cities shall:

(a) Assist the national government in the formulation and implementation of the
policies, programs and projects affecting cities as a whole;

(b) Promote local autonomy at the city level;

(c) Adopt measures for the promotion of the welfare of all cities and its officials
and employees;

(d) Encourage people's participation in local government administration in order

to promote united and concerted action for the attainment of country-wide
development goals;

230

 (e) Supplement the efforts of the national government in creating opportunities

for gainful employment the cities;

(f) Give priority to programs designed for the total development of cities in
consonance with the policies, programs and projects of the national government;

(g) Serve as a forum for crystallizing and expressing ideas, seeking the necessary
assistance of the national government and providing the private sector avenues
for cooperation in the promotion of the welfare of the cities; and

(h) Exercise such other powers and perform such other duties and functions as
the league may prescribe for the welfare of the cities.

Article Four . - League of Provinces

SEC. 502. Purpose of Organization. - There shall be an organization of all

provinces to be known as the League of Provinces for the primary purpose of
ventilating, articulating and crystallizing issues affecting provincial and
metropolitan political subdivision government administration, and securing,
through proper and legal means, solutions thereto. For this purpose, the
Metropolitan Manila Area and any metropolitan political subdivision shall be
considered as separate provincial units of the league.

SEC. 503. Representation. - Every province shall be represented in the league by

the provincial governor or in his absence, by the provincial vice-governor or a
sanggunian member duly elected for the purpose by the members, who shall
attend all meetings and participate in the deliberations of the league.

SEC. 504. Powers, Functions and Duties of the League of Provinces. - The league
of provinces shall:

(a) Assist the national government in the formulation and implementation of the
policies, programs and projects affecting provinces as a whole;

(b) Promote local autonomy at the provincial level;

(c) Adopt measures for the promotion of the welfare of all provinces and its
officials and employees;

(d) Encourage peoples participation in local government administration in order

to promote united and concerted action for the attainment of countrywide
development goals;

231

 (e) Supplement the efforts of the national government in creating opportunities

for gainful employment within the province;

(f) Give priority to programs designed for the total development of the provinces
in consonance with the policies, programs and projects of thenational
government;

(g) Serve as a forum for crystallizing and expressing ideas, seeking the necessary
assistance of the national government and providing the private sector avenues
for cooperation in the promotion of the welfare of the provinces; and

(h) Exercise such other powers and perform such other duties and functions as
the league may prescribe for the welfare of the provinces and metropolitan
political subdivisions.

Article Five. - Provisions Common to all Leagues

SEC. 505. Funding. (a) All leagues shall derive its funds from contributions of
member local government units and from fund-raising projects and activities
without the necessity of securing permits therefor: Provided, That the proceeds
from said fund-raising projects and activities shall be used primarily to fund the
projects for which the said proceeds have been raised, subject to the pertinent
provision of this Code and the pertinent provisions of the Omnibus Election
Code.

(b) All funds of leagues shall be deposited as trust funds with its treasurer and
shall be disbursed in accordance with the board of director's resolutions, subject
to pertinent accounting and auditing rules and regulations: Provided, That the
treasurer shall be bonded in an amount to be determined by the board of
directors. The funds of a chapter shall be deposited as chapter funds and funds of
the national league shall be deposited as national funds.

SEC. 506. Organizational Structure. - To ensure the effective and efficient

administration, the leagues for municipalities, cities and provinces shall elect
chapter- level and national-level boards of directors and a set of officers headed
by the president. A secretary-general shall be chosen from among the national
league members to manage the day to day operation and activities of the national
league. The board of directors on the chapter or national level may create such
other positions as may be deemed necessary for the management of the chapters
and of the national league. The national board of directors of the leagues for
232

municipalities, cities or provinces shall coordinate programs, projects and

activities of chapter and the national-level league.

SEC. 507.- Constitution and By-laws of the Liga and the Leagues. - All other
matters not herein otherwise provided for affecting the internal organization of
the leagues of local government units shall be governed by their respective
constitution and by-laws which are hereby made suppletory to the provision of
this Chapter: Provided, That said Constitution and By-laws shall always conform
to the provisions of the Constitution and existing laws.

CHAPTER 2 - LEAGUES AND FEDERATIONS OF LOCAL ELECTIVE

OFFICIALS

SEC. 508. - Organization - (a) Vice-governor, vice-mayors, sanggunian members

of barangays, municipalities, component cities, highly-urbanized cities and
provinces, and other elective local officials of local government units, including
those of the Metropolitan Manila area and any metropolitan political
subdivisions, may form their respective leagues or federation, subject to
applicable provisions of this Title and pertinent provisions of this Code;

(b) Sanggunian members of component cities and municipalities shall form a

provincial federation and elect a board of directors and a set of officers headed by
the president. The duly elected president of the provincial federation of
sanggunian members of component cities and municipalities shall be an ex-
officio member of the sangguniang panlalawigan concerned and shall serve as
such only during his term of office as president of the provincial federation of
sanggunian members of component cities and municipalities, which in no case
shall be beyond the term of office of the sanggunian panlalawigan concerned.

SEC. 509. Constitution and By-laws. - The leagues or federations shall adopt a
Constitution and by-laws which shall govern their internal organization and
operation: Provided, That said Constitution and by-laws shall always conform to
the provision of the Constitution and existing laws.

SEC. 510. Funding. - The leagues and federations may derive their funds from
contributions of individual league or federation members or from fund-raising
projects or activities. The local government unit concerned may appropriate
funds to support the leagues or federation organized pursuant to this Section,
subject to the availability of funds.

BOOK IV

MISCELLANEOUS AND FINAL PROVISIONS

TITLE ONE. - PENAL PROVISIONS

233

SEC. 511. Posting and Publication of Ordinances with Penal Sanctions. - (a)
ordinances with penal sanctions shall be posted at prominent places in the
provincial capitol, city, municipal or barangay hall, as the case may be, for a
minimum period of three (3) consecutive weeks. Such ordinances shall also be
published in a newspaper of general circulation, where available, within the
territorial jurisdiction of the local government unit concerned, except in the case
of barangay ordinances. Unless otherwise provided therein, said ordinances shall
take effect on the day following its publication, or at the end of the period of
posting, whichever occurs later.

(b) Any public officer or employee who violates an ordinance may be meted
administrative disciplinary action, without prejudice to the filing of the
appropriate civil or criminal action.

(c) The secretary to the sanggunian concerned shall transmit official copies of
such ordinances to the chief executive officer of the Official Gazette within seven
(7) days following the approval of the said ordinance for publication purposes.
The Official Gazette may publish ordinances with penal sanctions for archival and
reference purposes.

SEC. 512. Withholding of Benefits Accorded to Barangay Officials. - Willful and

malicious withholding of any of the benefits accorded to barangay officials under
Section 393 hereof shall be punished with suspension or dismissal from office of
the official or employee responsible therefor.

SEC. 513. Failure to Post and Publish the Itemized Monthly Collections and
Disbursements. - Failure by the local treasurer or the local chief accountant to
post the itemized monthly collections and disbursements of the local government
unit concerned within ten (10) days following the end of every month and for at
least two (2) consecutive weeks at prominent places in the main office building of
the local government unit concerned, its plaza and main street, and to publish
said itemization in a newspaper of general circulation, where available, in the
territorial jurisdiction of such unit, shall be punished by a fine not exceeding Five
hundred pesos (P=500.00) or by imprisonment not exceeding one (1) month, or
both such fine and imprisoment, at the discretion of the court.

SEC. 514. Engaging in Prohibited Business Transactions or Possessing Illegal

Pecuniary Interest. - Any local official and any person or persons dealing with
him who violate the prohibitions provided in Section 89 of Book I hereof, shall be
punished with imprisonment for six months and one day to six years, or a fine of
not less than Three thousand pesos (P=3,000.00) nor more than Ten thousand
pesos (P=10,000.00), or both such imprisonment and fine, at the discretion of
the court.

SEC. 515. Refusal or Failure of Any Party or Witness to Appear before the Lupon
or Pangkat. - Refusal or willful failure of any party or witness to appear before
234

the lupon or pangkat in compliance with a summons issued pursuant to the

provisions on theKatarungang Pambarangay under Chapter 7, Title One of Book
III of this Code may be punished by the city or municipal court as for indirect
contempt of court upon application filed therewith by the lupon chairman, the
pangkat chairman, or by any of the contending parties. Such refusal or willful
failure to appear shall be reflected in the records of the lupon secretary or in the
minutes of the pangkat secretary and shall bar the complainant who fails to
appear, from seeking judicial recourse for the same cause of action, and the
respondent who refuses to appear, from filing any counterclaim arising out of, or
necessarily connected with the complaint. A pangkat member who serves as such
shall be entitled to an honorarium, the amount of which is to be determined by
the sanggunian concerned, subject to the provisions in this Code cited above.

SEC. 516. Penalties for Violation of Tax ordinances. - The sanggunian of a local
government unit is authorized to prescribe fines or other penalties for violation of
tax ordinances but in no case shall such fines be less than One thousand pesos
(P=1,000.00) nor more than Five thousand pesos (P=5000.00), nor shall
imprisonment be less than one (1) month nor more than six (6) months. Such fine
or other penalty, or both, shall be imposed at the discretion of the court. The
sangguniang barangay may prescribe a fine of not less than One hundred pesos
(P=100.00) nor more than One thousand pesos (P=1,000.00).

SEC. 517. Omission of Property from Assessment or Tax Rolls by Officers and
Other Acts. - Any officer charged with the duty of assessing real property who
willfully fails to assess, or who intentionally omits from the assessment or tax roll
any real property which he knows to be taxable, or who willfully or negligently
underassesses any real property, or who intentionally violates or fails to perform
any duty imposed upon him by law relating to the assessment of taxable real
property shall, upon conviction, be punished by a fine of not less than One
thousand pesos (P1,000.00) nor more than Five thousand pesos (P5000.00), or
by imprisonment of not less than one (1) month nor more than six (6) months, or
both such fine and imprisonment, at the discretion of the court. The same penalty
shall be imposed upon any officer charged with the duty of collecting the tax due
on real property who willfully or negligently fails to collect the tax and institute
the necessary proceedings for the collection of the same. Any other officer
required by this Code to perform acts relating to the administration of the real
property tax or to assist the assessor or treasurer in such administration, who
willfully fails to discharge such duties shall, upon conviction be punished by a fine
of not less than Five hundred pesos (P500.00) nor more than Five thousand
pesos (P5000.00) or imprisonment of not less than one (1) month nor more than
six (6) months, or both such fine and imprisonment, at the discretion of the court.

SEC. 518. Government Agents Delaying Assessment of Real Property and

Assessment Appeals. - Any government official who intentionally and deliberately
delays the assessment of real property or the filing of any appeal against its
assessment shall, upon conviction, be punished by a fine of not less than Five
235

hundred pesos (P500.00) nor more than Five thousand pesos (P5000.00), or by
imprisonment of not less than one (1) month nor more than six (6) months, or
both such fine and imprisonment, at the discretion of the court.

SEC. 519. Failure to Dispose of Delinquent Real Property at Public Auction. - The
local treasurer concerned who fails to dispose of delinquent real property at
public auction in compliance with the pertinent provisions of this Code, and any
other local government official whose acts hinder the prompt disposition of
delinquent real property at public auction shall, upon conviction, be subject to a
fine of not less than One thousand pesos (P1000.00) nor more than Five
thousand pesos (P5000.00), or imprisonment of not less than one (1) month nor
more than six (6) months, or both such fine and imprisonment, at the discretion
of the court.

SEC. 520. Prohibited Acts Related to the Award of Contracts Under the
Provisions on Credit Financing. - It shall be unlawful for any public official or
employee in the provincial, city, or municipal government, or their relatives
within the fourth civil degree of consanguinity or affinity, to enter into or have
any pecuniary interest in any contract for the construction, acquisition, operation,
or maintenance of any project awarded pursuant to the provisions of Title Four in
Book II hereof, or for the procurement of any supplies, materials, or equipment of
any kind to be used in the said project. Any person convicted for violation of the
provisions of said Title shall be removed from office and shall be punishable by
imprisonment of not less than one (1) month, nor more than two (2) years, at the
discretion of the court, without prejudice to prosecution under other laws.

TITLE TWO. - PROVISIONS FOR IMPLEMENTATION

SEC. 521. Mandatory Review Every Five Years. - Congress shall undertake a
mandatory review of this Code at least once every five (5) years and as often as it
may deem necessary, with the primary objective of providing a more responsive
and accountable local government structure.

SEC. 522. Insurance Coverage. - The Government Service Insurance System

(GSIS) shall establish and administer an appropriate system under which the
punong barangay, the members of the sangguniang barangay, the barangay
secretary, the barangay treasurer, and the members of the barangay tanod shall
enjoy insurance coverage as provided in this Code and other pertinent laws. For
this purpose, the GSIS is hereby directed to undertake an actuarial study, issue
rules and regulations, determine the premiums payable, and recommend to
Congress the amount of appropriations needed to support the system. The
amount needed for the implementation of the said insurance system shall be
included in the annual General Appropriations Act.

236

SEC. 523. Personnel Retirement and/or Benefits. - An official or employee of the

national government or local government unit separated from the service as a
result of reorganization effected under this Code shall, if entitled under the laws
then in force, receive the retirement and other benefits accruing thereunder:
Provided, however, That such benefits shall be given funding priority by the
Department of Budget and Management in the case of national officials and
employees, and the local government unit concerned in the case of local officials
and employees.

Where the employee concerned is not eligible for retirement, he shall be entitled
to a gratuity from the national government or the local government unit
concerned, as the case may be, equivalent to an amount not lower than one (1)
month salary for every year of service over and above the monetary value of the
leave credits said employee is entitled to receive pursuant to existing laws.

SEC. 524. Inventory of Infrastructure and Other Community Facilities. - (a)

Each local government unit shall conduct a periodic inventory of infrastructure
and other community facilities and undertake the maintenance, repair,
improvement, or reconstruction of these facilities through a closer cooperation
among the various agencies of the national government operating within the
province, city, or municipality concerned.

(b) No infrastructure or community project within the territorial jurisdiction of

any local government unit shall be undertaken without informing the local chief
executive and the sanggunian concerned.

SEC. 525. Records and Properties. - All records, equipment, buildings, facilities,
and other properties of any office or body of a local government unit abolished or
reorganized under this Code shall be transferred to the office or body to which its
powers, functions, and responsibilities are substantially devolved.

TITLE THREE. - TRANSITORY PROVISIONS

SEC. 526. Application of this Code to Local Government Units in the

Autonomous Regions. - This Code shall apply to all provinces, cities,
municipalities and barangays in the autonomous regions until such time as the
regional government concerned shall have enacted its own local government
code.

SEC. 527. Prior Approval or Clearance on Regular and Recurring Transactions.

- Six (6) months after effectivity of this Code, prior approval of or clearance from
national agencies or offices shall no longer be required for regular and recurring
transactions and activities of local government units.

237

SEC. 528. Deconcentration of Requisite Authority and Power. - The national

government shall, six (6) months after the effectivity of this Code, effect the
deconcentration of requisite authority and power to the appropriate regional
offices or field offices of national agencies or offices whose major functions are
not devolved to local government units.

SEC. 529. Tax Ordinances or Revenue Measures. - All existing tax ordinances or
revenue measures of local government units shall continue to be in force and
effect after the effectivity of this Code unless amended by the sanggunian
concerned, or inconsistent with, or in violation of, the provisions of this Code.

SEC. 530. Local Water Districts. - All powers, functions, and attributes granted
by Presidential Decree Numbered One hundred ninety-eight (P.D. No. 198),
otherwise known as "The Provincial Water Utility Act of 1973," to the Local Water
Utilities Administration (LWUA) may be devolved in toto to the existing local
water districts should they opt or choose to exercise, in writing, such powers,
functions and attributes: Provided, That all obligations of the local government
unit concerned to the LWUA shall first be settled prior to said devolution.

SEC. 531. Debt Relief for Local Government Units. - (a) Unremitted national
collections and statutory contributions. - All debts owed by local government
units to the national government in unremitted contributions to the Integrated
National Police Fund, the Special Education Fund, and other statutory
contributions as well as in unremitted national government shares of taxes,
charges, and fees collected by the local government units, are hereby written off
in full.

(b) Program loans. - (1) Program loans secured by local government units which
were relent to private persons, natural or juridical, shall likewise be written off
from the books of the local government units concerned: Provided, however, That
the national government agency tasked with the implementation of these
programs shall continue to collect from the debtors belonging to the private
sector concerned.

(2) Program loans granted to local government units by national government

agencies and which were utilized by the local units for community development,
livelihood, and other small-scale projects are hereby written off in full.

(c) Settlement of debts due to government financing institutions (GFIs),

government-owned and controlled corporations (GOCCs), and private utilities.
The national government shall assume all debts incurred or contracted by local
government units from GFIs, GOCCs, and private utilities that are outstanding as
of December 31, 1988, in accordance with the following schemes:

238

 (1) Debts due GFIs. - The national government may buy outstanding obligations
incurred by local government units from government financing institutions at a
discounted rate.

(2) Debts due GOCCs. - The national government may settle such obligations at
discounted rate through offsetting, only to the extent of the obligations of local
governments against the outstanding advances made by the National Treasury in
behalf of the government-owned and controlled corporations concerned.

(3) Debts Due Private Utilities. - The national government may settle these
obligations at a discounted rate by offsetting against the outstanding obligations
of such private utilities to government-owned corporations. GOCCs may in turn
offset these obligations against the outstanding advances made by the National
Treasury in their behalf. In the case of obligations owed by local government
units to private utilities which are not indebted to any GOCC or national
government agency, the national government may instead buy the obligations of
the local government units from the private utilities at a discounted rate, upon
concurrence by the private utilities concerned.

(d) Limitations. - Obligations to the Home Development and Mutual Fund (Pag-
ibig), Medicare, and those pertaining to premium contributions and amortization
payments of salary and policyloans to the Government Service Insurance System
are excluded from the coverage of this Section.

(e) Recovery schemes for the national government . - Local government units
shall pay back the national government whatever amounts were advanced or
offset by the national government to settle their obligations to GFIs, GOCCs, and
private utilities. The national government shall not charge interest or penalties on
the outstanding balance owed by the local government units. These outstanding
obligations shall be restructured and an amortization schedule prepared, based
on the capability of the local government unit to pay, taking into consideration
the amount owed to the national government . The national government is hereby
authorized to deduct from the quarterly share of each local government unit in
the internal revenue collections an amount to be determined on the basis of the
amortization schedule of the local unit concerned: Provided, That such amount
shall not exceed five percent (5%) of the monthly internal revenue allotment of
the local government unit concerned. As incentive to debtor-local government
units to increase the efficiency of their fiscal administration, the national
government shall write off the debt of the local government unit concerned at the
rate of five percent (5%) for every one percent (1%) increase in revenues
generated by such local government unit over that of the preceding year. For this
purpose, the annual increase in local revenue collection shall be computed
starting from the year 1988.

239

(f) Appropriations. - Such amount as may be necessary to implement the

provisions of this Section shall be included in the annual General Appropriations
Act.

SEC. 532. Elections for the Sangguniang Kabataan. - (a) The first elections for
the sangguniang kabataan to be conducted under this Code shall be held thirty
(30) days after the next local elections: Provided, That, the regular elections for
the sangguniang kabataan shall be held one hundred twenty (120) days after the
barangay elections thereafter.

(b) The amount pertaining to the ten percent (10%) allocation for the kabataang
barangay as provided for in Section 103 of Batas Pambansa Blg. 337 is hereby
reappropriated for the purpose of funding the first elections mentioned above.
The balance of said funds, if there be any after the said elections, shall be
administered by the Presidential Council for Youth Affairs for the purpose of
training the newly elected sangguniang kabataan officials in the discharge of their
functions.

(c) For the regular elections of the sangguniang kabataan, funds shall be taken
from the ten percent (10%) of the barangay funds reserved for the sangguniang
kabataan, as provided for in Section 328 of this Code.

(d) All seats reserved for the pederasyon ng mga sangguniang kabataan in the
different sanggunians shall be deemed vacant until such time that the
sangguniang kabataan chairmen shall have been elected and the respective
pederasyon presidents have been selected: Provided, That, elections for the
kabataang barangay conducted under Batas Pambansa Blg. 337 at any time
between January 1, 1988 and January 1, 1992 shall be considered as the first
elections provided for in this Code. The term of office of the kabataang barangay
officials elected within the said period shall be extended correspondingly to
coincide with the term of office of those elected under this Code.

SEC. 533. Formulation of Implementing Rules and Regulations. - (a) Within one
(1) month after the approval of this Code, the President shall convene the
Oversight Committee as herein provided for. The said Committee shall formulate
and issue the appropriate rules and regulations necessary for the efficient and
effective implementation of any and all provisions of this Code, thereby ensuring
compliance with the principles of local autonomy as defined under the
Constitution.

(b) The Committee shall be composed of the following:

(1) The Executive Secretary, who shall be the Chairman;

(2) Three (3) members of the Senate to be appointed by the President of the
Senate, to include the Chairman of the Committee on Local Government;
240

(3)Three (3) members of the House of Representatives to be appointed by the

Speaker, to include the Chairman of the Committee on Local Government;

(4) The Cabinet, represented by the following:

(i) Secretary of the Interior and Local Government;
(ii) Secretary of Finance;
(iii)Secretary of Budget and Management; and
(5) One (1) representative from each of the following:
(i) The League of Provinces;
(ii) The League of Cities;
(iii)The League of Municipalities; and
(iv) The Liga ng mga Barangay.

(c) The Committee shall submit its report and recommendation to the President
within two (2) months after its organization. If the President fails to act within
thirty (30) days from receipt thereof, the recommendation of the Oversight
Committee shall be deemed approved. Thereafter, the Committee shall supervise
the transfer of such powers and functions mandated under this Code to the local
government units, together with the corresponding personnel , properties, assets
and liabilities of the offices or agencies concerned, with the least possible
disruptions to existing programs and projects. The Committee shall likewise
recommend the corresponding appropriations necessary to effect the said
transfer. For this purpose, the services of a technical staff shall be enlisted from
among the qualified employees of Congress, the government offices, and the
leagues constituting the Committee.

(d) The funding requirements and the secretariat of the Committee shall be
provided by the Office of the Executive Secretary.

(e) The sum of Five million pesos (P5,000,000), which shall be charged against
the Contingent Fund, is hereby allotted to the Committee to fund the undertaking
of an information campaign on this Code. The Committee shall formulate the
guidelines governing the conduct of said campaign, and shall determine the
national agencies or offices to be involved for this purpose.

TITLE FOUR. - FINAL PROVISIONS

SEC. 534. Repealing Clause. - (a) Batas Pambansa Blg. 337, otherwise known as
the Local Government Code, Executive Order No. 112 (1987), and Executive Order
No. 319 (1988) are hereby repealed.

(b) Presidential Decrees Nos. 684, 1191, 1508 and such other decrees, orders,
instructions, memoranda and issuances related to or concerning the barangay are
hereby repealed.

241

 (c) The provisions of Sections 2, 3, and 4 of Republic Act No. 1939 regarding
hospital fund; Section 3, a (3) and b (2) of Republic Act No. 5447 regarding the
Special Education Fund; Presidential Decree No. 144 as amended by Presidential
Decrees Nos. 559 and 1741; Presidential Decree No. 231 as amended; Presidential
Decree No. 436 as amended by Presidential Decree No. 558; and Presidential
Decrees Nos. 381, 436, 464, 477, 526, 632, 752, and 1136 are hereby repealed and
rendered of no force and effect.

(d) Presidential Decree No. 1594 is hereby repealed insofar as it governs locally-
funded projects.

(e) The following provisions are hereby repealed or amended insofar as they are
inconsistent with the provisions of this Code: Sections 2, 16, and 29 of
Presidential Decree No. 704; Section 12 of Presidential Decree No. 87, as
amended; Sections 52, 53, 66, 67, 68, 69, 70, 71, 72, 73, and 74 of Presidential
Decree No. 463, as amended; and Section 16 of Presidential Decree No. 972, as
amended, and

(f) All general and special laws, acts, city charters, decrees, executive orders,
proclamations and administrative regulations, or part or parts thereof which are
inconsistent with any of the provisions of this Code are hereby repealed or
modified accordingly.

SEC. 535. Separability Clause. - If, for any reason or reasons, any part or
provision of this Code shall be held to be unconstitutional or invalid, other parts
or provisions hereof which are not affected thereby shall continue to be in full
force and effect.

SEC. 536. Effectivity Clause. - This Code shall take effect on January first,
nineteen hundred ninety-two, unless otherwise provided herein, after its
complete publication in at least one (1) newspaper of general circulation.

242

REPUBLIC ACT NO. 8553

AN ACT AMENDING SECTION 41(B)
OF REPUBLIC ACT NO. 7160, OTHERWISE KNOWN
AS
THE LOCAL GOVERNMENT CODE OF 1991.

Section 1. Sec. 41(b) of Republic Act No. 7160, otherwise known as

the Local Government Code of 1991, is hereby amended to read as
follows:

"(b) The regular members of the sangguniang panlalawigan,

sangguniang panlungsod, and sangguniang bayan shall be
elected by district as follows:

"First and second-class provinces shall have ten (10) regular

members; third and fourth-class provinces, eight (8); and fifth
and sixth-class provinces, six (6): Provided, That in provinces
having more than five (5) legislative districts, each district
shall have two (2) sangguniang panlalawigan members, without
prejudice to the provisions of Sec. 2 of Republic Act No. 6637.
Sangguniang barangay members shall be elected at large. The
presidents of the leagues of sanggunian members of component
cities and municipalities shall serve as ex officio members of
the sangguniang panlalawigan concerned. The presidents of the
liga ng mga barangay and the pederasyon ng mga sangguniang
kabataan elected by their respective chapters, as provided in
this Code, shall serve as ex officio members of the sangguniang
panlalawigan, sangguniang panlungsod, and sangguniang
bayan."
Sec. 2. Upon the petition of the provincial board, the election for
any additional regular member to the sangguniang panlalawigan as
provided for under this Act, shall be held not earlier than six (6)
months after the May 11, 1998 national and local elections.

Sec. 3. The Commission on Elections shall issue appropriate rules

and regulations to implement the provisions of this Act.

243

Sec. 4. All laws, acts, decrees, executive orders, administrative

regulations, or part or parts thereof inconsistent with this Act are
hereby repealed or modified accordingly.

Sec. 5. This Act shall take effect upon publication in at least two (2)
newspapers of national circulation.

Approved: February 25, 1998

REPUBLIC ACT NO. 8185

AN ACT AMENDING SECTION 324 (d) of REPUBLIC

ACT NO. 7160, OTHERWISE KNOWN AS THE
LOCAL GOVERNMENT CODE OF 1991
chan robles virtual law library
chan robles virtual law library
Section 1. Section 324(d) of Republic Act No. 7160 is hereby amended to
read as follows:
"(d)Five percent (5%) of the estimated revenue from regular sources shall be
set aside as annual lump sum appropriations for relief, rehabilitation,
reconstruction and other works or services in connection with calamities
which may occur during the budget year.Provided, however, That such fund
shall be used only in the area, or a portion thereof, of the local government
unit or other areas affected by a disaster or calamity, as determined and
declared by the local sanggunian concerned.
"Calamity shall be defined as a state of extreme distress or misfortune,
produced by some adverse circumstance or event or any great misfortune or
cause or loss or misery caused by natural forces.
"In case of fire or conflagration, the calamity fund shall be utilized only for
relief operations.
"The local development council shall more monitor the use and disbursement
of the calamity fund."
Sec. 2. The Oversight Committee on the Local Government Code, in
coordination with concerned agencies, shall prepare and issue the
implementing rules and regulation within thirty (30) days from the
effectivity of this Act.
chan robles virtual law library

244

Sec. 3. The provisions of existing laws, decrees, issuances, rules and

regulations, or portions thereof, which are inconsistent herewith are hereby
repealed, modified, or amended accordingly. chan robles virtual law library

Sec. 4. This Act shall take effect fifteen (15) days after its publication in at
least two (2) newspapers of general circulation.chan robles virtual law library

This Act, which in a consolidation of Senate Bill No. 1220 and House Bill No.
4874 was finally passed by the Senate and the House of Representatives on
June 6, 1996 and June 5, 1996, respectively.

Approved: June 11, 1996

REPUBLIC ACT NO. 8524

AN ACT CHANGING THE TERM OF OFFICE OF
BARANGAY OFFICIALS AND MEMBERS OF THE
SANGGUNIANG KABATAAN FROM THREE (3)
YEARS TO FIVE (5) YEARS, AMENDING FOR THE
PURPOSE SECTION 43 OF REPUBLIC ACT
NUMBERED SEVEN THOUSAND ONE HUNDRED
SIXTY, OTHERWISE KNOWN AS THE LOCAL
GOVERNMENT CODE OF 1991, AND FOR OTHER
PURPOSES.
Section 1. Sec. 43 of Republic Act No. 7160, otherwise known as the
Local Government Code of 1991, is hereby amended to read as
follows:
"Sec. 43. Term of office. (a) The term of office of all elective
officials elected after the effectivity of this Code shall be three
(3) years, starting from noon of June 30, 1992 or such date as
may be provided for by law, except that of elective barangay
officials and members of the sangguniang kabataan: Provided,
That all local officials first elected during the local elections
immediately following the ratification of the 1987 Constitution
shall serve until noon of June 30, 1992.

"(b) No local elective official shall serve for more than three (3)
245

 consecutive terms in the same position. Voluntary

renunciation of the office for any length of time shall not be
considered as an interruption in the continuity of service for
the full term for which the elective official concerned was
elected.

"(c) The term of barangay officials and members of the

sangguniang kabataan shall be for five (5) years, which shall
begin after the regular election of barangay officials on the
second Monday of May 1997: Provided, That the sangguniang
kabataan members who were elected in the May 1996 elections
shall serve until the next regular election of barangay officials."
Sec. 2. The provisions of this Act shall apply to the incumbent
barangay officials and members of the sangguniang kabataan.

Sec. 3. All laws, decrees, executive orders, letters of instructions,

letters of implementations, rules and regulations or parts thereof
inconsistent with any provisions of this Act are hereby repealed,
modified or amended accordingly.

Sec. 4. This Act shall take effect after fifteen (15) days from its
publication in at least two (2) newspapers of general circulation.

Approved: February 14, 1998

246