THE LOCAL GOVERNMENT CODE OF THE

PHILIPPINES
BOOK I
GENERAL PROVISIONS

TITLE ONE. − BASIC PRINCIPLES

CHAPTER 1. − THE CODE, POLICY AND APPLICATION

SECTION 1. Title. − This Act shall be known and cited as the "Local Government Code of 1991".

SECTION 2. Declaration of Policy. − (a) It is hereby declared the policy of the State that the territorial and
political subdivisions of the State shall enjoy genuine and meaningful local autonomy to enable them to attain
their fullest development as self−reliant communities and make them more effective partners in the attainment
of national goals. Toward this end, the State shall provide for a more responsive and accountable local
government structure instituted through a system of decentralization whereby local government units shall be
given more powers, authority, responsibilities, and resources. The process of decentralization shall proceed
from the national government to the local government units.

(b) It is also the policy of the State to ensure the accountability of local government units through the
institution of effective mechanisms of recall, initiative and referendum.

(c) It is likewise the policy of the State to require all national agencies and offices to conduct periodic
consultations with appropriate local government units, non−governmental and people's organizations, and
other concerned sectors of the community before any project or program is implemented in their respective
jurisdictions.

SECTION 3. Operative Principles of Decentralization. − The formulation and implementation of policies

and measures on local autonomy shall be guided by the following operative principles:

(a) There shall be an effective allocation among the different local government units of their respective
powers, functions, responsibilities, and resources;

(b) There shall be established in every local government unit an accountable, efficient, and dynamic
organizational structure and operating mechanism that will meet the priority needs and service requirements
of its communities;
(c) Subject to civil service law, rules and regulations, local officials and employees paid wholly or mainly
from local funds shall be appointed or removed, according to merit and fitness, by the appropriate appointing
authority;

(d) The vesting of duty, responsibility, and accountability in local government units shall be accompanied
with provision for reasonably adequate resources to discharge their powers and effectively carry out their
functions; hence, they shall have the power to create and broaden their own sources of revenue and the right to
a just share in national taxes and an equitable share in the proceeds of the utilization and development of the
national wealth within their respective areas;

(e) Provinces with respect to component cities and municipalities, and cities and municipalities with
respect to component Barangays, shall ensure that the acts of their component units are within the scope of
their prescribed powers and functions:

(f) Local government units may group themselves, consolidate or coordinate their efforts, services, and
resources for purposes commonly beneficial to them;

(g) The capabilities of local government units ,especially the municipalities and Barangays, shall been
enhanced by providing them with opportunities to participate actively in the implementation of national
programs and projects;

(h) There shall be a continuing mechanism to enhance local autonomy not only by legislative enabling acts
but also by administrative and organizational reforms;

(i) Local government units shall share with the national government the responsibility in the management
and maintenance of ecological balance within their territorial jurisdiction, subject to the provisions of this
Code and national policies;

(j) Effective mechanisms for ensuring the accountability of local government units to their respective
constituents shall be strengthened in order to upgrade continually the quality of local leadership;

(k) The realization of local autonomy shall be facilitated through improved coordination of national
government policies and programs and extension of adequate technical and material assistance to less
developed and deserving local government units;
(l) The participation of the private sector in local governance, particularly in the delivery of basic
services, shall be encouraged to ensure the viability of local autonomy as an alternative strategy for
sustainable development; and

(m) The national government shall ensure that decentralization tributes to the continuing improvement of
the performance of local government units and the quality of community life.

SECTION 4. Scope of Application. − This Code shall apply to all provinces, cities, municipalities,
Barangays, and other political subdivisions as may be created by law, and, to the extent herein provided, to
officials, offices, or agencies of the national government.

SECTION 5. Rules of Interpretation. − In the interpretation of the provisions of this Code, the following
rules shall apply:

(a) Any provision on a power of a local government unit shall be liberally interpreted in its favor, and in
case of doubt, any question thereon shall be resolved in favor of devolution of powers and of the lower local
government unit. Any fair and reasonable doubt as to the existence of the power shall be interpreted in favor
of the local government unit concerned;

(b) In case of doubt, any tax ordinance or revenue measure shall be construed strictly against the local
government unit enacting it, and liberally in favor of the taxpayer. Any tax exemption, incentive or relief
granted by any local government unit pursuant to the provisions of this Code shall be construed strictly
against the person claiming it.

(c) The general welfare provisions in this Code shall be liberally interpreted to give more powers to local
government units in accelerating economic development and upgrading the quality of life for the people in the
community;

(d) Rights and obligations existing on the date of effectivity of this Code and arising out of contracts or
any other source of 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

SECTION 6. Authority to Create Local Government Units. − A local government unit may be created,
divided, merged, abolished, or its boundaries substantially altered either by law enacted by Congress in the
case of a province, city, municipality, or any other political subdivision, or by ordinance passed by the
Sangguniang Panlalawigan or Sangguniang Panlungsod concerned in the case of a Barangay located within its
territorial jurisdiction, subject to such limitations and requirements prescribed in this Code.

SECTION 7. Creation and Conversion. − As a general rule, the creation of a local government unit or its
conversion from one level to another level shall be based on verifiable indicators of viability and projected
capacity to provide services, to wit:

(a) Income. − It must be sufficient, based on acceptable standards, to provide for all essential government
facilities and services and special functions commensurate with the size of its population, as expected of the
local government unit concerned;

(b) Population. − It shall be determined as the total number of inhabitants within the territorial jurisdiction
of the local government unit concerned; and

(c) Land Area. − It must be contiguous, unless it comprises two or more islands or is separated by a local
government unit independent of the others; properly identified by metes and bounds with technical
descriptions; and sufficient to provide for such basic services and facilities to meet the requirements of its
populace. Compliance with the foregoing indicators shall be attested to by the Department of Finance (DOF),
the National Statistics Office (NSO), and the Lands Management Bureau (LMB) of the Department of
Environment and Natural Resources(DENR).

SECTION 8. Division and Merger. − Division and merger of existing local government units shall comply
with the same requirements herein prescribed for their creation: Provided however, That such division shall
not reduce the income, population, or land area of the local government unit or units concerned to less than
the minimum requirements prescribed in this Code: Provided, further, That the income classification of the
original local government unit or units shall not fall below its current income classification prior to such
division.

The income classification of local government units shall be updated within six (6) months from the
effectivity of this Code to reflect the changes in their financial position resulting from the increased revenues
as provided herein.

SECTION 9. Abolition of Local Government Units. − A local government unit may be abolished when its
income, population, or land area has been irreversibly reduced to less than the minimum standards prescribed
for its creation under Book III of this Code, as certified by the national agencies mentioned in Section 17
hereof to Congress or to the Sanggunian concerned, as the case may be.

The law or ordinance abolishing a local government unit shall specify the province, city, municipality, or
Barangay with which the local government unit sought to be abolished will be incorporated or merged.

SECTION 10. Plebiscite Requirement. − No creation, division, merger, abolition, or substantial alteration of
boundaries of local government units shall take effect unless approved by a majority of the votes cast in a
plebiscite called for the purpose in the political unit or units directly affected. Said plebiscite shall be
conducted by the Commission on Elections (Comelec) within one hundred twenty (120) days from the date of
effectivity of the law or ordinance effecting such action, unless said law or ordinance fixes another date.

SECTION 11. Selection and Transfer of Local Government Site, Offices and Facilities.

(a) The law or ordinance creating or merging local government units shall specify the seat of government
from where governmental and corporate services shall be delivered. In selecting said site, factors relating to
geographical centrality, accessibility, availability of transportation and communication facilities, drainage and
sanitation, development and economic progress, and other relevant considerations shall be taken into account.

(b) When conditions and developments in the local government unit concerned have significantly changed
subsequent to the establishment of the seat of government, its Sanggunian may, after public hearing and by a
vote of two−thirds (2/3) of all its members, transfer the same to a site better suited to its needs. Provided,
however, That no such transfer shall be made outside the territorial boundaries of the local government unit
concerned.

The old site, together with the improvements thereon, may be disposed of by sale or lease or converted to such
other use as the Sanggunian concerned may deem beneficial to the local government unit concerned and its
inhabitants.

(c) Local government offices and facilities shall not be transferred, relocated, or converted to other uses
unless public hearings are first conducted for the purpose and the concurrence of the majority of all the
members of the Sanggunian concerned is obtained.

SECTION 12. Government Centers. − Provinces, cities, and municipalities shall endeavor to establish a
government center where offices, agencies, or branches of the national government, local government units, or
government−owned or −controlled corporations may, as far as practicable, be located. In designating such a
center, the local government unit concerned shall take into account the existing facilities of national and local
agencies and offices which may serve as the government center as contemplated under this Section. The
national government , local government unit or government−owned or −controlled corporation concerned
shall bear the expenses for the construction of its buildings and facilities in the government center.

SECTION 13. Naming of Local Government Units and Public Places, Streets and Structures.

(a) The Sangguniang Panlalawigan may, in consultation with the Philippine Historical Commission
(PHC), change the name of the following within its territorial jurisdiction:

(1) Component cities and municipalities, upon the recommendation of the Sanggunian concerned;

(2) Provincial roads, avenues, boulevards, thorough−fares, and bridges;

(3) Public vocational or technical schools and other post−secondary and tertiary schools;

(4) Provincial hospitals, health centers, and other health facilities; and

(5) Any other public place or building owned by the provincial government.

(b) The Sanggunian of highly urbanized cities and of component cities whose charters prohibit their voters
from voting for provincial elective officials, hereinafter referred to in this Code as independent component
cities, may, in consultation with the Philippine Historical Commission, change the name of the following
within its territorial jurisdiction:

(1) City Barangays, upon the recommendation of the Sangguniang Barangay concerned;

(2) City roads, avenues, boulevards, thorough fares, and bridges;

(3) Public elementary, secondary and vocational or technical schools, community colleges and
non−chartered colleges;
(4) City hospitals, health centers and other health facilities; and

(5) Any other public place or building owned by the city government.

(c) The Sanggunians of component cities and municipalities may, in consultation with the Philippine
Historical Commission, change the name of the following within its territorial jurisdiction:

(6) city and municipal Barangays, upon recommendation of the Sangguniang Barangay concerned;

(7) city, municipal and Barangay roads, avenues, boulevards, thorough fares, and bridges;

(8) city and municipal public elementary, secondary and vocational or technical schools, post−secondary
and other tertiary schools;

(9) city and municipal hospitals, health centers and other health facilities; and (5)Any other public place or
building owned by the municipal government.

(d) None of the foregoing local government units, institutions, places, or buildings shall be named after a
living person, nor may a change of name be made unless for a justifiable reason and, in any case, not oftener
than once every ten (10) years. The name of a local government unit or a public place, street or structure with
historical, cultural, or ethnic significance shall not be changed, unless by a unanimous vote of the Sanggunian
concerned and in consultation with the PHC.

(e) A change of name of a public school shall be made only upon the recommendation of the local school
board concerned.

(f) A change of name of public hospitals, health centers, and other health facilities shall be made only
upon the recommendation of the local health board concerned.

(g) The change of name of any local government unit shall be effective only upon ratification in a
plebiscite conducted for the purpose in the political unit directly affected. In any change of name, the Office
of the President, the representative of the legislative district concerned, and the Bureau of Posts shall be
notified.
SECTION 14. Beginning of Corporate Existence. − When a new local government unit is created, its
corporate existence shall commence upon the election and qualification of its chief executive and a majority
of the members of its Sanggunian, unless some other time is fixed therefor by the law or ordinance creating it.

SECTION 15. Political and Corporate Nature of Local Government Units. − Every local government unit
created or recognized under this Code is a body politic and corporate endowed with powers to be exercised by
it in conformity with law. As such, it shall exercise powers as a political subdivision of the national
government and as a corporate entity representing the inhabitants of its territory.

SECTION 16. General Welfare. − Every local government unit shall exercise the powers expressly granted,
those necessarily implied there from, as well as powers necessary, appropriate, or incidental for its efficient
and effective governance, and those which are essential to the promotion of the general welfare. Within their
respective territorial jurisdictions, local government units shall ensure and support, among other things, the
preservation and enrichment of culture, promote health and safety, enhance the right of the people to a
balanced ecology, encourage and support the development of appropriate and self−reliant scientific and
technological capabilities, improve public morals, enhance economic prosperity and social justice, promote
full employment among their residents, maintain peace and order, and preserve the comfort and convenience
of their inhabitants.

SECTION 17. Basic Services and Facilities.

(a) Local government units shall endeavor to be self−reliant and shall continue exercising the powers and
discharging the duties and functions currently vested upon them. They shall also discharge the functions and
responsibilities of national agencies and offices devolved to them pursuant to this Code. Local government
units shall likewise exercise such other powers and discharge such other functions and responsibilities as are
necessary, appropriate, or incidental to efficient and effective provision of the basic services and facilities
enumerated herein.

(b) Such basic services and facilities include, but are not limited to, the following:

(1) For a Barangay:

(i) Agricultural support services which include planting materials distribution system and operation of
farm produce collection and buying stations;

(ii) Health and social welfare services which include maintenance of Barangay health center and day−care
center;
(iii) Services and facilities related to general hygiene and sanitation, beautification, and solid waste
collection;

(iv) Maintenance of Katarungang Pambarangay;

(v) Maintenance of Barangay roads and bridges and water supply systems

(vi) Infrastructure facilities such as multi− purpose hall, multipurpose pavement, plaza, sports center, and
other similar facilities;

(vii) Information and reading center; and

(viii) Satellite or public market, where viable;

(2) For a municipality:

(i) Extension and on−site research services and facilities related to agriculture and fishery activities
which include dispersal of livestock and poultry, fingerlings, and other seeding materials for 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; inter −Barangay irrigation system; water and soil
resource utilization and conservation projects; and enforcement of fishery laws in municipal waters including
the conservation of mangroves;

(ii) Pursuant to national policies and subject to supervision, control and review of the DENR,
implementation of community−based forestry projects which include integrated social forestry programs and
similar projects; management and control of communal forests with an area not exceeding fifty (50) square
kilometers; establishment of tree parks, greenbelts, and similar forest development projects;

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

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

(v) Information services which include investments and job placement information systems, tax and
marketing information systems, and maintenance of a public library;

(vi) Solid waste disposal system or environmental management system and services or facilities related to
general hygiene and sanitation;

(vii) Municipal buildings, cultural centers, public parks including freedom parks, playgrounds, and sports
facilities and equipment, and other similar facilities;

(viii) Infrastructure facilities intended primarily to service the needs of the residents of the municipality
and which are funded out of municipal funds including, but not limited to, municipal roads and bridges;
school buildings and other facilities for public elementary and secondary schools; clinics, health centers and
other health facilities necessary to carry out health services; communal irrigation, small water impounding
projects and other similar projects; fish ports; artesian wells, spring development, rainwater collectors and
water supply systems; seawalls, dikes, drainage and sewerage, and flood control; traffic signals and road
signs; and similar facilities;

(ix) Public markets, slaughterhouses and other municipal enterprises;

(x) Public cemetery;

(xi) Tourism facilities and other tourist attractions, including the acquisition of equipment, regulation and
supervision of business concessions, and security services for such facilities; and

(xii) Sites for police and fire stations and substations and the municipal jail;

(3) For a Province:

(i) Agricultural extension and on−site research services and facilities which include the prevention and
control of plant and animal pests and diseases; dairy farms, livestock markets, animal breeding stations, and
artificial insemination centers; and assistance in the organization of farmers' and fishermen's cooperatives and
other collective organizations, as well as the transfer of appropriate technology;

(ii) Industrial research and development services, as well as the transfer of appropriate technology;

(iii) Pursuant to national policies and subject to supervision, control and review of the DENR,
enforcement of forestry laws limited to community−based forestry projects, pollution control law, small−scale
mining law, and other laws on the protection of the environment; and mini−hydro electric projects for local
purposes;

(iv) Subject to the provisions of Title Five, Book I of this Code, health services which include hospitals
and other tertiary health services;

(v) Social welfare services which include pro grams and projects on rebel returnees and evacuees; relief
operations; and, population development services;

(vi) Provincial buildings, provincial jails, freedom parks and other public assembly areas, and other
similar facilities;

(vii) Infrastructure facilities intended to service the needs of the residents of the province and which are
funded out of provincial funds including, but not limited to, provincial roads and bridges; inter−municipal
waterworks, drainage and sewerage, flood control, and irrigation systems; reclamation projects; and similar
facilities;

(viii) Programs and projects for low−cost housing and other mass dwellings, except those funded by the
Social Security System (SSS), Government Service Insurance System (GSIS), and the Home Development
Mutual Fund (HDMF): Provided, That national funds for these programs and projects shall be equitably
allocated among the regions in proportion to the ratio of the homeless to the population;

(ix) Investment support services, including access to credit financing;

(x) Upgrading and modernization of tax information and collection services through the use of computer
hardware and software and other means;

(xi) Inter−municipal telecommunications services, subject to national policy guidelines; and

(xii) Tourism development and promotion programs;

(4) For a City:

All the services and facilities of the municipality and province, and in addition thereto, the following:

(i) Adequate communication and transportation facilities;

(ii) Support for education, police and fire services and facilities.

THE LOCAL GOVERNMENT CODE OF THE

PHILIPPINES
BOOK I
GENERAL PROVISIONS

TITLE ONE. − BASIC PRINCIPLES

CHAPTER 1. − THE CODE, POLICY AND APPLICATION

SECTION 1. Title. − This Act shall be known and cited as the "Local Government Code of 1991".

SECTION 2. Declaration of Policy. − (a) It is hereby declared the policy of the State that the territorial and
political subdivisions of the State shall enjoy genuine and meaningful local autonomy to enable them to attain
their fullest development as self−reliant communities and make them more effective partners in the attainment
of national goals. Toward this end, the State shall provide for a more responsive and accountable local
government structure instituted through a system of decentralization whereby local government units shall be
given more powers, authority, responsibilities, and resources. The process of decentralization shall proceed
from the national government to the local government units.

(b) It is also the policy of the State to ensure the accountability of local government units through the
institution of effective mechanisms of recall, initiative and referendum.
(c) It is likewise the policy of the State to require all national agencies and offices to conduct periodic
consultations with appropriate local government units, non−governmental and people's organizations, and
other concerned sectors of the community before any project or program is implemented in their respective
jurisdictions.

SECTION 3. Operative Principles of Decentralization. − The formulation and implementation of policies

and measures on local autonomy shall be guided by the following operative principles:

(a) There shall be an effective allocation among the different local government units of their respective
powers, functions, responsibilities, and resources;

(b) There shall be established in every local government unit an accountable, efficient, and dynamic
organizational structure and operating mechanism that will meet the priority needs and service requirements
of its communities;

(c) Subject to civil service law, rules and regulations, local officials and employees paid wholly or mainly
from local funds shall be appointed or removed, according to merit and fitness, by the appropriate appointing
authority;

(d) The vesting of duty, responsibility, and accountability in local government units shall be accompanied
with provision for reasonably adequate resources to discharge their powers and effectively carry out their
functions; hence, they shall have the power to create and broaden their own sources of revenue and the right to
a just share in national taxes and an equitable share in the proceeds of the utilization and development of the
national wealth within their respective areas;

(e) Provinces with respect to component cities and municipalities, and cities and municipalities with
respect to component Barangays, shall ensure that the acts of their component units are within the scope of
their prescribed powers and functions:

(f) Local government units may group themselves, consolidate or coordinate their efforts, services, and
resources for purposes commonly beneficial to them;

(g) The capabilities of local government units ,especially the municipalities and Barangays, shall been
enhanced by providing them with opportunities to participate actively in the implementation of national
programs and projects;
(h) There shall be a continuing mechanism to enhance local autonomy not only by legislative enabling acts
but also by administrative and organizational reforms;

(i) Local government units shall share with the national government the responsibility in the management
and maintenance of ecological balance within their territorial jurisdiction, subject to the provisions of this
Code and national policies;

(j) Effective mechanisms for ensuring the accountability of local government units to their respective
constituents shall be strengthened in order to upgrade continually the quality of local leadership;

(k) The realization of local autonomy shall be facilitated through improved coordination of national
government policies and programs and extension of adequate technical and material assistance to less
developed and deserving local government units;

(l) The participation of the private sector in local governance, particularly in the delivery of basic
services, shall be encouraged to ensure the viability of local autonomy as an alternative strategy for
sustainable development; and

(m) The national government shall ensure that decentralization tributes to the continuing improvement of
the performance of local government units and the quality of community life.

SECTION 4. Scope of Application. − This Code shall apply to all provinces, cities, municipalities,
Barangays, and other political subdivisions as may be created by law, and, to the extent herein provided, to
officials, offices, or agencies of the national government.

SECTION 5. Rules of Interpretation. − In the interpretation of the provisions of this Code, the following
rules shall apply:

(a) Any provision on a power of a local government unit shall be liberally interpreted in its favor, and in
case of doubt, any question thereon shall be resolved in favor of devolution of powers and of the lower local
government unit. Any fair and reasonable doubt as to the existence of the power shall be interpreted in favor
of the local government unit concerned;

(b) In case of doubt, any tax ordinance or revenue measure shall be construed strictly against the local
government unit enacting it, and liberally in favor of the taxpayer. Any tax exemption, incentive or relief
granted by any local government unit pursuant to the provisions of this Code shall be construed strictly
against the person claiming it.

(c) The general welfare provisions in this Code shall be liberally interpreted to give more powers to local
government units in accelerating economic development and upgrading the quality of life for the people in the
community;

(d) Rights and obligations existing on the date of effectivity of this Code and arising out of contracts or
any other source of 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

SECTION 6. Authority to Create Local Government Units. − A local government unit may be created,
divided, merged, abolished, or its boundaries substantially altered either by law enacted by Congress in the
case of a province, city, municipality, or any other political subdivision, or by ordinance passed by the
Sangguniang Panlalawigan or Sangguniang Panlungsod concerned in the case of a Barangay located within its
territorial jurisdiction, subject to such limitations and requirements prescribed in this Code.

SECTION 7. Creation and Conversion. − As a general rule, the creation of a local government unit or its
conversion from one level to another level shall be based on verifiable indicators of viability and projected
capacity to provide services, to wit:

(a) Income. − It must be sufficient, based on acceptable standards, to provide for all essential government
facilities and services and special functions commensurate with the size of its population, as expected of the
local government unit concerned;

(b) Population. − It shall be determined as the total number of inhabitants within the territorial jurisdiction
of the local government unit concerned; and

(c) Land Area. − It must be contiguous, unless it comprises two or more islands or is separated by a local
government unit independent of the others; properly identified by metes and bounds with technical
descriptions; and sufficient to provide for such basic services and facilities to meet the requirements of its
populace. Compliance with the foregoing indicators shall be attested to by the Department of Finance (DOF),
the National Statistics Office (NSO), and the Lands Management Bureau (LMB) of the Department of
Environment and Natural Resources(DENR).

SECTION 8. Division and Merger. − Division and merger of existing local government units shall comply
with the same requirements herein prescribed for their creation: Provided however, That such division shall
not reduce the income, population, or land area of the local government unit or units concerned to less than
the minimum requirements prescribed in this Code: Provided, further, That the income classification of the
original local government unit or units shall not fall below its current income classification prior to such
division.

The income classification of local government units shall be updated within six (6) months from the
effectivity of this Code to reflect the changes in their financial position resulting from the increased revenues
as provided herein.

SECTION 9. Abolition of Local Government Units. − A local government unit may be abolished when its
income, population, or land area has been irreversibly reduced to less than the minimum standards prescribed
for its creation under Book III of this Code, as certified by the national agencies mentioned in Section 17
hereof to Congress or to the Sanggunian concerned, as the case may be.

The law or ordinance abolishing a local government unit shall specify the province, city, municipality, or
Barangay with which the local government unit sought to be abolished will be incorporated or merged.

SECTION 10. Plebiscite Requirement. − No creation, division, merger, abolition, or substantial alteration of
boundaries of local government units shall take effect unless approved by a majority of the votes cast in a
plebiscite called for the purpose in the political unit or units directly affected. Said plebiscite shall be
conducted by the Commission on Elections (Comelec) within one hundred twenty (120) days from the date of
effectivity of the law or ordinance effecting such action, unless said law or ordinance fixes another date.

SECTION 11. Selection and Transfer of Local Government Site, Offices and Facilities.

(a) The law or ordinance creating or merging local government units shall specify the seat of government
from where governmental and corporate services shall be delivered. In selecting said site, factors relating to
geographical centrality, accessibility, availability of transportation and communication facilities, drainage and
sanitation, development and economic progress, and other relevant considerations shall be taken into account.

(b) When conditions and developments in the local government unit concerned have significantly changed
subsequent to the establishment of the seat of government, its Sanggunian may, after public hearing and by a
vote of two−thirds (2/3) of all its members, transfer the same to a site better suited to its needs. Provided,
however, That no such transfer shall be made outside the territorial boundaries of the local government unit
concerned.

The old site, together with the improvements thereon, may be disposed of by sale or lease or converted to such
other use as the Sanggunian concerned may deem beneficial to the local government unit concerned and its
inhabitants.

(c) Local government offices and facilities shall not be transferred, relocated, or converted to other uses
unless public hearings are first conducted for the purpose and the concurrence of the majority of all the
members of the Sanggunian concerned is obtained.

SECTION 12. Government Centers. − Provinces, cities, and municipalities shall endeavor to establish a
government center where offices, agencies, or branches of the national government, local government units, or
government−owned or −controlled corporations may, as far as practicable, be located. In designating such a
center, the local government unit concerned shall take into account the existing facilities of national and local
agencies and offices which may serve as the government center as contemplated under this Section. The
national government , local government unit or government−owned or −controlled corporation concerned
shall bear the expenses for the construction of its buildings and facilities in the government center.

SECTION 13. Naming of Local Government Units and Public Places, Streets and Structures.

(a) The Sangguniang Panlalawigan may, in consultation with the Philippine Historical Commission
(PHC), change the name of the following within its territorial jurisdiction:

(1) Component cities and municipalities, upon the recommendation of the Sanggunian concerned;

(2) Provincial roads, avenues, boulevards, thorough−fares, and bridges;

(3) Public vocational or technical schools and other post−secondary and tertiary schools;

(4) Provincial hospitals, health centers, and other health facilities; and

(5) Any other public place or building owned by the provincial government.
(b) The Sanggunian of highly urbanized cities and of component cities whose charters prohibit their voters
from voting for provincial elective officials, hereinafter referred to in this Code as independent component
cities, may, in consultation with the Philippine Historical Commission, change the name of the following
within its territorial jurisdiction:

(1) City Barangays, upon the recommendation of the Sangguniang Barangay concerned;

(2) City roads, avenues, boulevards, thorough fares, and bridges;

(3) Public elementary, secondary and vocational or technical schools, community colleges and
non−chartered colleges;

(4) City hospitals, health centers and other health facilities; and

(5) Any other public place or building owned by the city government.

(c) The Sanggunians of component cities and municipalities may, in consultation with the Philippine
Historical Commission, change the name of the following within its territorial jurisdiction:

(6) city and municipal Barangays, upon recommendation of the Sangguniang Barangay concerned;

(7) city, municipal and Barangay roads, avenues, boulevards, thorough fares, and bridges;

(8) city and municipal public elementary, secondary and vocational or technical schools, post−secondary
and other tertiary schools;

(9) city and municipal hospitals, health centers and other health facilities; and (5)Any other public place or
building owned by the municipal government.
(d) None of the foregoing local government units, institutions, places, or buildings shall be named after a
living person, nor may a change of name be made unless for a justifiable reason and, in any case, not oftener
than once every ten (10) years. The name of a local government unit or a public place, street or structure with
historical, cultural, or ethnic significance shall not be changed, unless by a unanimous vote of the Sanggunian
concerned and in consultation with the PHC.

(e) A change of name of a public school shall be made only upon the recommendation of the local school
board concerned.

(f) A change of name of public hospitals, health centers, and other health facilities shall be made only
upon the recommendation of the local health board concerned.

(g) The change of name of any local government unit shall be effective only upon ratification in a
plebiscite conducted for the purpose in the political unit directly affected. In any change of name, the Office
of the President, the representative of the legislative district concerned, and the Bureau of Posts shall be
notified.

SECTION 14. Beginning of Corporate Existence. − When a new local government unit is created, its
corporate existence shall commence upon the election and qualification of its chief executive and a majority
of the members of its Sanggunian, unless some other time is fixed therefor by the law or ordinance creating it.

SECTION 15. Political and Corporate Nature of Local Government Units. − Every local government unit
created or recognized under this Code is a body politic and corporate endowed with powers to be exercised by
it in conformity with law. As such, it shall exercise powers as a political subdivision of the national
government and as a corporate entity representing the inhabitants of its territory.

SECTION 16. General Welfare. − Every local government unit shall exercise the powers expressly granted,
those necessarily implied there from, as well as powers necessary, appropriate, or incidental for its efficient
and effective governance, and those which are essential to the promotion of the general welfare. Within their
respective territorial jurisdictions, local government units shall ensure and support, among other things, the
preservation and enrichment of culture, promote health and safety, enhance the right of the people to a
balanced ecology, encourage and support the development of appropriate and self−reliant scientific and
technological capabilities, improve public morals, enhance economic prosperity and social justice, promote
full employment among their residents, maintain peace and order, and preserve the comfort and convenience
of their inhabitants.

SECTION 17. Basic Services and Facilities.

(a) Local government units shall endeavor to be self−reliant and shall continue exercising the powers and
discharging the duties and functions currently vested upon them. They shall also discharge the functions and
responsibilities of national agencies and offices devolved to them pursuant to this Code. Local government
units shall likewise exercise such other powers and discharge such other functions and responsibilities as are
necessary, appropriate, or incidental to efficient and effective provision of the basic services and facilities
enumerated herein.

(b) Such basic services and facilities include, but are not limited to, the following:

(1) For a Barangay:

(i) Agricultural support services which include planting materials distribution system and operation of
farm produce collection and buying stations;

(ii) Health and social welfare services which include maintenance of Barangay health center and day−care
center;

(iii) Services and facilities related to general hygiene and sanitation, beautification, and solid waste
collection;

(iv) Maintenance of Katarungang Pambarangay;

(v) Maintenance of Barangay roads and bridges and water supply systems

(vi) Infrastructure facilities such as multi− purpose hall, multipurpose pavement, plaza, sports center, and
other similar facilities;

(vii) Information and reading center; and

(viii) Satellite or public market, where viable;

(2) For a municipality:

(i) Extension and on−site research services and facilities related to agriculture and fishery activities
which include dispersal of livestock and poultry, fingerlings, and other seeding materials for 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; inter −Barangay irrigation system; water and soil
resource utilization and conservation projects; and enforcement of fishery laws in municipal waters including
the conservation of mangroves;

(ii) Pursuant to national policies and subject to supervision, control and review of the DENR,
implementation of community−based forestry projects which include integrated social forestry programs and
similar projects; management and control of communal forests with an area not exceeding fifty (50) square
kilometers; establishment of tree parks, greenbelts, and similar forest development projects;

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

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

(v) Information services which include investments and job placement information systems, tax and
marketing information systems, and maintenance of a public library;

(vi) Solid waste disposal system or environmental management system and services or facilities related to
general hygiene and sanitation;

(vii) Municipal buildings, cultural centers, public parks including freedom parks, playgrounds, and sports
facilities and equipment, and other similar facilities;

(viii) Infrastructure facilities intended primarily to service the needs of the residents of the municipality
and which are funded out of municipal funds including, but not limited to, municipal roads and bridges;
school buildings and other facilities for public elementary and secondary schools; clinics, health centers and
other health facilities necessary to carry out health services; communal irrigation, small water impounding
projects and other similar projects; fish ports; artesian wells, spring development, rainwater collectors and
water supply systems; seawalls, dikes, drainage and sewerage, and flood control; traffic signals and road
signs; and similar facilities;

(ix) Public markets, slaughterhouses and other municipal enterprises;

(x) Public cemetery;

(xi) Tourism facilities and other tourist attractions, including the acquisition of equipment, regulation and
supervision of business concessions, and security services for such facilities; and

(xii) Sites for police and fire stations and substations and the municipal jail;

(3) For a Province:

(i) Agricultural extension and on−site research services and facilities which include the prevention and
control of plant and animal pests and diseases; dairy farms, livestock markets, animal breeding stations, and
artificial insemination centers; and assistance in the organization of farmers' and fishermen's cooperatives and
other collective organizations, as well as the transfer of appropriate technology;

(ii) Industrial research and development services, as well as the transfer of appropriate technology;

(iii) Pursuant to national policies and subject to supervision, control and review of the DENR,
enforcement of forestry laws limited to community−based forestry projects, pollution control law, small−scale
mining law, and other laws on the protection of the environment; and mini−hydro electric projects for local
purposes;

(iv) Subject to the provisions of Title Five, Book I of this Code, health services which include hospitals
and other tertiary health services;

(v) Social welfare services which include pro grams and projects on rebel returnees and evacuees; relief
operations; and, population development services;

(vi) Provincial buildings, provincial jails, freedom parks and other public assembly areas, and other
similar facilities;

(vii) Infrastructure facilities intended to service the needs of the residents of the province and which are
funded out of provincial funds including, but not limited to, provincial roads and bridges; inter−municipal
waterworks, drainage and sewerage, flood control, and irrigation systems; reclamation projects; and similar
facilities;

(viii) Programs and projects for low−cost housing and other mass dwellings, except those funded by the
Social Security System (SSS), Government Service Insurance System (GSIS), and the Home Development
Mutual Fund (HDMF): Provided, That national funds for these programs and projects shall be equitably
allocated among the regions in proportion to the ratio of the homeless to the population;

(ix) Investment support services, including access to credit financing;

(x) Upgrading and modernization of tax information and collection services through the use of computer
hardware and software and other means;

(xi) Inter−municipal telecommunications services, subject to national policy guidelines; and

(xii) Tourism development and promotion programs;

(4) For a City:

All the services and facilities of the municipality and province, and in addition thereto, the following:

(i) Adequate communication and transportation facilities;

(ii) Support for education, police and fire services and facilities.

(c) Notwithstanding the provisions of subsection (b) hereof, public works and infrastructure projects and
other facilities funded by the national government under the annual General Appropriations Act, other special
laws, pertinent executive orders, and those wholly or partially funded from foreign sources, are not covered
under this Section, except in those cases where the local government unit concerned is duly designated as the
implementing agency for such projects, facilities, programs, and services.
(d) The designs, plans, specifications, testing of materials, and the procurement of equipment and
materials from both foreign and local sources necessary for the provision of the foregoing services and
facilities shall be undertaken by the local government unit concerned, based on national policies, standards
and guidelines.

(e) National agencies or offices concerned shall devolve to local government units the responsibility for
the provision of basic services and facilities enumerated in this Section within six (6) months after the
effectivity of this Code.

As used in this Code, the term "devolution" refers to the act by which the national government confers power
and authority upon the various local government units to perform specific functions and responsibilities.

(f) The national government or the next higher level of local government unit may provide or augment
the basic services and facilities assigned to a lower level of local government unit when such services or
facilities are not made available or, if made available, are inadequate to meet the requirements of its
inhabitants.

(g) The basic services and facilities 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.

SECTION 18. Power to Generate and Apply Resources. − Local government units shall have the power
and authority to establish an organization that shall be responsible for the efficient and effective
implementation of their development plans, program objectives and priorities; to create their own sources of
revenue and to levy taxes, fees, and charges which shall accrue exclusively for their use and disposition and
which shall be retained by them; to have a just share in national taxes which shall be automatically and
directly released to them without need of any further action; to have an equitable share in the proceeds from
the utilization and development of the national wealth and resources within their respective territorial
jurisdictions including sharing the same with the inhabitants by way of direct benefits; to acquire, develop,
lease, encumber, alienate, or otherwise dispose of real or personal property held by them in their proprietary
capacity and to apply their resources and assets for productive, developmental, or welfare purposes, in the
exercise or furtherance of their governmental or proprietary powers and functions and thereby ensure their
development into self−reliant communities and active participants in the attainment of national goals.

SECTION 19. Eminent Domain. − A local government unit may, through its chief executive and acting
pursuant to an ordinance, exercise the power of eminent domain for public use, or purpose, or welfare for the
benefit of the poor and the landless, upon payment of just compensation, pursuant to the provisions of the
Constitution and pertinent laws: Provided, however, That the power of eminent domain may not be exercised
unless a valid and definite offer has been previously made to the owner, and such offer was not accepted:
Provided, further, That the local government unit may immediately take possession of the property upon the
filing of the expropriation proceedings and upon making a deposit with the proper court of at least fifteen
percent (15%) of the fair market value of the property based on the current tax declaration of the property to
be expropriated: Provided, finally, That, the amount to be paid for the expropriated property shall be
determined by the proper court, based on the fair market value at the time of the taking of the property.

SECTION 20. Reclassification of Lands.

(a) A city or municipality may, through an ordinance passed by the Sanggunian after conducting public
hearings for the purpose, authorize the reclassification of agricultural lands and provide for the manner of
their utilization or disposition in the following cases: (1) when the land ceases to be economically feasible and
sound for agricultural purposes as determined by the Department of Agriculture or (2) where the land shall
have substantially greater economic value for residential, commercial, or industrial purposes, as determined
by the Sanggunian concerned: Provided, That such reclassification shall be limited to the following
percentage of the total agricultural land area at the time of the passage of the ordinance:

(1) For highly urbanized and independent component cities, fifteen percent (15%);

(2) For component cities and first to third class municipalities, ten percent (10%); and

(3) For fourth to sixth class municipalities, five percent(5%): Provided, further, That agricultural lands
distributed to agrarian reform beneficiaries pursuant to Republic Act Numbered Sixty−six hundred
fifty−seven (R.A. No. 6657), otherwise known as "The Comprehensive Agrarian Reform Law", shall not be
affected by the said reclassification and the conversion of such lands into other purposes shall be governed by
Section 65 of said Act.

(b) The President may, when public interest so requires and upon recommendation of the National
Economic and Development Authority, authorize a city or municipality to reclassify lands in excess of the
limits set in the next preceding paragraph.

(c) The local government units shall, in conformity with existing laws, continue to prepare their
respective comprehensive land use plans enacted through zoning ordinances which shall be the primary and
dominant bases for the future use of land resources: Provided, That the requirements for food production,
human settlements, and industrial expansion shall be taken into consideration in the preparation of such plans.

(d) Where approval by a national agency is required for reclassification, such approval shall not be
unreasonably withheld. Failure to act on a proper and complete application for reclassification within three (3)
months from receipt of the same shall be deemed as approval thereof.

(e) Nothing in this Section shall be construed as repealing, amending, or modifying in any manner the
provisions of R.A. No. 6657.

SECTION 21. Closure and Opening of Roads.

(a) A local government unit may, pursuant to an ordinance, permanently or temporarily close or open any
local road, alley, park, or square falling within its jurisdiction: Provided, however, That in case of permanent
closure, such ordinance must be approved by at least two−thirds (2/3) of all the members of the Sanggunian,
and when necessary, an adequate substitute for the public facility that is subject to closure is provided.
(b) No such way or place or any part thereof shall be permanently closed without making provisions for
the maintenance of public safety therein. A property thus permanently withdrawn from public use may be
used or conveyed for any purpose for which other real property belonging to the local government unit
concerned may be lawfully used or conveyed: Provided, however, That no freedom park shall be closed
permanently without provision for its transfer or relocation to a new site.

(c) Any national or local road, alley, park, or square may be temporarily closed during an actual
emergency, or fiesta celebrations, public rallies, agricultural or industrial fairs, or an undertaking of public
works and highways, telecommunications, and waterworks projects, the duration of which shall be specified
by the local chief executive concerned in a written order: Provided, however, That no national or local road,
alley, park, or square shall set temporarily closed for athletic, cultural, or civic activities not officially
sponsored, recognized, or approved by the local government unit concerned.

(d) Any city, municipality, or Barangay may, by a duly enacted close and regulate the use of any local
ordinance, temporarily street, road, thoroughfare, or any other public place where shopping malls, Sunday,
flea or night markets, or shopping areas may be established and where goods, merchandise, foodstuffs,
commodities, or articles of commerce may be sold and dispensed to the general public.

SECTION 22. Corporate Powers.

(a) Every local government unit, as a corporation, shall have the following powers:

(1) To have continuous succession in its corporate name;

(2) To sue and be sued;

(3) To have and use a corporate seal;

(4) To acquire and convey real or personal property;

(5) To enter into contracts; and

(6) To exercise such other powers as are granted to corporations, subject to the limitations provided in this
Code and other laws.

(b) Local government units may continue using, modify, or change their existing corporate seals:
Provided, That newly established local government units or those without corporate seals may create their
own corporate seals which shall be registered with the Department of the Interior and Local Government:
Provided, further, That any change of corporate seal shall also be registered as provided herein.

(c) Unless otherwise provided in this Code, contract may be entered into by the local chief executive in
behalf of the local government unit without prior authorization by the Sanggunian concerned. A legible copy
of such contract shall be posted at a conspicuous place in the provincial capitol or the city, municipal or
Barangay hall.

(d) Local government units shall enjoy full autonomy in the exercise of their proprietary functions and in
the management of their economic enterprises, subject to the limitations provided in this Code and other
applicable laws.

SECTION 23. Authority to Negotiate and Secure Grants. − Local chief executives may, upon authority of
the Sanggunian, negotiate and secure financial grants or donations in kind, in support of the basic services or
facilities enumerated under Section 17 hereof, from local and foreign assistance agencies without necessity of
securing clearance or approval therefor from any department, agency, or office of the national government or
from any higher local government unit: Provided, That projects financed by such grants or assistance with
national security implications shall be approved by the national agency concerned: Provided, further, That
when such national agency fails to act on the request for approval within thirty (30) days from receipt thereof,
the same shall be deemed approved.

The local chief executive shall, within thirty (30) days upon signing of such grant agreement or deed of
donation, report the nature, amount, and terms of such assistance to both Houses of Congress and the
President.

SECTION 24. Liability for Damages. − Local government units and their officials are not exempt from
liability for death or injury to persons or damage to property.

CHAPTER 3. − INTERGOVERNMENTAL RELATIONS

Article One. − National Government and Local Government Units

SECTION 25. National Supervision over Local Government Units. −(a) Consistent with the basic policy
on local autonomy, the President shall exercise general supervision over local government units to ensure that
their acts are within the scope of their prescribed powers and functions. The President shall exercise
supervisory authority directly over provinces, highly urbanized cities, and independent component cities;
through the province with respect to component cities and municipalities; and through the city and
municipality with respect to Barangays.

(b) National agencies and offices with project implementation functions shall coordinate with one another
and with the local government units concerned in the discharge of these functions. They shall ensure the
participation of local government units both in the planning and implementation of said national projects.

(c) The President may, upon request of the local government unit concerned, direct the appropriate
national agency to provide financial, technical, or other forms of assistance to the local government unit. Such
assistance shall be extended at no extra cost to the local government unit concerned.

(d) National agencies and offices including government−owned or −controlled corporations with field
units or branches in a province, city, or municipality shall furnish the local chief executive concerned, for his
information and guidance, monthly reports including duly certified budgetary allocations and expenditures.

SECTION 26. Duty of National Government Agencies in the Maintenance of Ecological Balance. − It
shall be the duty of every national agency or government−owned or −controlled corporation authorizing or
involved in the planning and implementation of any project or program that may cause pollution, climatic
change, depletion of non−renewable resources, loss of crop land, rangeland, or forest cover, and extinction of
animal or plant species, to consult with the local government units, nongovernmental organizations, and other
sectors concerned and explain the goals and objectives of project or program, its impact upon the people and
the community in terms of environmental or ecological balance, and the measures that will be undertaken to
prevent or minimize the adverse effects thereof.

SECTION 27. Prior Consultations Required.− No project or program shall be implemented by government
authorities unless the consultations mentioned in Sections 2 (c) and 26 hereof are complied with, and prior
approval of the Sanggunian concerned is obtained: Provided, That occupants in areas where such projects are
to be implemented shall not be evicted unless appropriate relocation sites have been provided, in accordance
with the provisions of the Constitution.

Article Two. − Relations with the Philippine National Police

SECTION 28. − Powers of Local Chief Executives over the Units of the Philippine National Police. −
The extent of operational supervision and control of local chief executives over the police force, fire
protection unit, and jail management personnel assigned in their respective jurisdictions shall be governed by
the provisions of Republic Act Numbered Sixty−nine hundred seventy−five (R.A. No. 6975), otherwise
known as "The Department of the Interior and Local Government Act of 1990", and the rules and regulations
issued pursuant thereto.

Article Three. − Inter−Local Government Relations

SECTION 29. Provincial Relations with Component Cities and Municipalities. − The province, through
the governor, shall ensure that every component city and municipality within its territorial jurisdiction acts
within the scope of its prescribed powers and functions. Highly urbanized cities and independent component
cities shall be independent of the province.

SECTION 30. Review of Executive Orders. − (a) Except as otherwise provided under the Constitution and
special statutes, the governor shall review all executive orders promulgated by the component city or
municipal Mayor within his jurisdiction. The city or municipal Mayor shall review all executive orders
promulgated by the Punong Barangay within his jurisdiction. Copies of such orders shall be forwarded to the
governor or the city or municipal Mayor, as the case may be, within three (3) days from their issuance. In all
instances of review, the local chief executive concerned shall ensure that such executive orders are within the
powers granted by law and in conformity with provincial, city, or municipal ordinances.

(b) If the governor or the city or municipal Mayor fails to act on said executive orders within thirty (30)
days after their submission, the same shall be deemed consistent with law and therefore valid.

SECTION 31. Submission of Municipal Questions to the Provincial Legal Officer or Prosecutor. − In
the absence of a municipal legal officer, the municipal government may secure the opinion of the provincial
legal officer, and in the absence of the latter, that of the provincial prosecutor on any legal question affecting
the municipality.

SECTION. 32. City and Municipal Supervision over Their Respective Barangays. − The city or
municipality, through the city or municipal Mayor concerned, shall exercise general supervision over
component Barangays to ensure that said Barangays act within the scope of their prescribed powers and
functions.

SECTION 33. Cooperative Undertakings Among Local Government Units. − Local government units
may, through appropriate ordinances, group themselves, consolidate, or coordinate their efforts, services, and
resources for purposes commonly beneficial to them. In support of such undertakings, the local government
units involved may, upon approval by the Sanggunian concerned after a public hearing conducted for the
purpose, contribute funds, real estate, equipment, and other kinds of property and appoint or assign personnel
under such terms and conditions as may be agreed upon by the participating local units through Memoranda
of Agreement.
CHAPTER 4. − RELATIONS WITH PEOPLE'S AND NONGOVERNMENTAL ORGANIZATIONS

SECTION 34. Role of People's and 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.

SECTION 35. Linkages with People's and Non−Governmental Organizations. − Local government units
may enter into joint ventures and such other cooperative arrangements with people's and 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, diversify agriculture, spur rural
industrialization, promote ecological balance, and enhance the economic and social well−being of the people.

SECTION 36. Assistance to People's and 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

SECTION 37. Local Prequalification, Bids and Awards Committee (Local PBAC).

(a) There is hereby created a local prequalification, bids and awards committee in every province, city,
and municipality, which shall be primarily responsible for the conduct of prequalification of contractors,
bidding, evaluation of bids, and the recommendation of awards concerning local infrastructure projects. The
governor or the city or municipal Mayor shall act as the chairman with the following as members:

(1) The chairman of the appropriations committee of the Sanggunian concerned;

(2) A representative of the minority party in the Sanggunian concerned, if any, or if there be none, one (1)
chosen by said Sanggunian from among its members;

(3) The local treasurer;

(4) Two (2) representatives of nongovernmental organizations that are represented in the local
development council concerned, to be chosen by the organizations themselves; and (11) Any practicing
certified public accountant from the private sector, to be designated by the local chapter of the Philippine
Institute of Certified Public Accountants, if any.

Representatives of the Commission on Audit shall observe the proceedings of such committee and shall
certify that the rules and procedures for prequalification, bids and awards have been complied with.

(b) The agenda and other information relevant to the meetings of such committee shall be deliberated upon
by the committee at least one (1) week before the holding of such meetings.

(c) All meetings of the committee shall be held in the provincial capitol or the city or municipal hall. The
minutes of such meetings of the committee and any decision made therein shall be duly recorded, posted at a
prominent place in the provincial capitol or the city or municipal hall, and delivered by the most expedient
means to elective local officials concerned.

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

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

TITLE TWO. − ELECTIVE OFFICIALS

CHAPTER 1. − QALIFICATIONS AND ELECTION

SECTION 39. Qualifications. − (a) An elective local official must be a citizen of the Philippines; a
registered voter in the Barangay, municipality, city, or province or, in the case of a member of the
Sangguniang Panlalawigan, Sangguniang Panlungsod, or Sanggunian bayan, the district where he intends to
be elected; a resident therein for at least one (1) year immediately preceding the day of the election; and able
to read and write Filipino or any other local language or dialect.
(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, municipalities must be at least twenty−one (21) years of age on election day.

(d) Candidates for the position of member of the Sangguniang Panlungsod or Sangguniang bayan must be
at least eighteen (18) years of age on election day.

(e) Candidates for the position of Punong Barangay or member of the Sangguniang Barangay must be at
least eighteen (18) years of age on election day.

(f) Candidates for the Sangguniang kabataan must be at least fifteen (15) years of age but not more than
twenty−one (21) years of age on election day.

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

(a) Those sentenced by final judgment for an offense involving moral turpitude or for an offense
punishable by one (1) year or more of imprisonment, within two (2) years after serving sentence;

(b) Those removed from office as a result of an administrative case;

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

(d) Those with dual citizenship;

(e) Fugitives from justice in criminal or 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.

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

(b) The regular members of the Sangguniang Panlalawigan, Sangguniang Panlungsod, and Sangguniang
bayan shall be elected by district, as 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.

SECTION 42. Date of Election. − Unless otherwise provided by law, the elections for local officials shall be
held every three (3) years on the second Monday of May.

SECTION 43. Term of Office. − (a) The term of office of all local elective officials elected after the
effectivity of this Code shall be three (3) years, starting from noon of June 30, 1992 or such date as may be
provided for by law, except that of elective Barangay officials: Provided, That all local officials first elected
during the local elections immediately following the ratification of the 1987 Constitution shall serve until
noon of June 30, 1992.

(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

SECTION 44. Permanent Vacancies in the Offices of the Governor, Vice−Governor, Mayor, and
Vice−Mayor. − If a permanent vacancy occurs in the office of the governor or Mayor, the vice−governor or
vice−mayor concerned shall become the governor or Mayor. If a permanent vacancy occurs in the offices of
the governor, vice−governor, Mayor, or vice−mayor, the highest ranking Sanggunian member or, in case of
his permanent inability, the second highest ranking Sanggunian member, shall become the governor,
vice−governor, Mayor or vice−mayor, as the case may be. Subsequent vacancies in the said office shall be
filled automatically by the other Sanggunian members according to their ranking as defined herein.

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

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

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

For purposes of succession as provided in 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.

SECTION 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 of the Sanggunian concerned, appoint a
qualified person to fill the vacancy.

(d) In case of vacancy in the representation of the youth and the Barangay in the Sanggunian, said vacancy
shall be filled automatically by the official next in rank of the organization concerned.

SECTION 46. Temporary Vacancy in the Office of the Local Chief Executive. − (a) When the governor,
city or municipal Mayor, or Punong Barangay is temporarily incapacitated to perform his duties for physical
or legal reasons such as, but not limited to, leave of absence, travel abroad, and suspension from office, the
vice−governor, city or municipal vice−mayor, or the highest ranking Sangguniang Barangay member shall
automatically exercise the powers and perform the duties and functions of the local chief executive concerned,
except the power to appoint, suspend, or dismiss employees which can only be exercised if the period of
temporary incapacity exceeds thirty (30) working days.

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

(c) When the incumbent local chief executive is traveling within the country but outside his territorial
jurisdiction for a period not exceeding three (3) consecutive days, he may designate in writing the
officer−in−charge of the said office. Such authorization shall specify the powers and functions that the local
official concerned shall exercise in the absence of the local chief executive except the power to appoint,
suspend, or dismiss employees.
(d) In the event, however, that the local chief executive concerned fails or refuses to issue such
authorization, the vice−governor, the city or municipal vice−mayor, or the highest ranking Sangguniang
Barangay member, as the case may be, shall have the right to assume the powers, duties, and functions of the
said office on the fourth (4th) day of absence of the said local chief executive, subject to the limitations
provided in subsection (c) hereof.

(e) Except as provided above, the local chief executive 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.

SECTION 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.

(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

SECTION 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.
SECTION 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.

SECTION 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 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.

SECTION 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.

SECTION 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 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.

SECTION 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.

SECTION 54. Approval of Ordinances. − (a) Every ordinance enacted by the Sangguniang Panlalawigan,
Sangguniang Panlungsod, or Sangguniang bayan shall be presented to the provincial governor or city or
municipal mayor, as the case may be. If the local chief executive concerned approves the same, he shall affix
his signature on each and every page thereof; otherwise, he shall veto it and return the same with his
objections to the Sanggunian, which may proceed to reconsider the same. The Sanggunian concerned may
override the veto of the local chief executive by two−thirds (2/3) vote of all its members, thereby making the
ordinance or resolution effective for all legal intents and purposes.

(b) The veto shall be communicated by the local chief executive concerned to the Sanggunian within
fifteen (15) days in the case of a province, and ten (10) days in the case of a city or a municipality; otherwise,
the ordinance shall be deemed approved as if he had signed it.
(c) ordinances enacted by the Sangguniang Barangay shall, upon approval by the majority of all its
members, be signed by the Punong Barangay.

SECTION 55. Veto Power of the Local Chief Executive. − (a) The local chief executive may veto any
ordinance of the 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.

SECTION 56. Review of Component City and Municipal Ordinances or Resolutions by the
Sangguniang Panlalawigan. − (a) Within three (3) days after approval, the secretary to the Sanggunian
Panlungsod or Sangguniang bayan shall forward to the Sangguniang Panlalawigan for review, copies of
approved ordinances and the resolutions approving the local development plans and public investment
programs formulated by the local development councils.

(b) Within thirty (30) days after receipt of copies of such ordinances and resolutions, the Sangguniang
Panlalawigan shall examine the documents or transmit them to the provincial attorney, or if there be none, to
the provincial prosecutor for prompt examination. The provincial attorney or provincial prosecutor shall,
within a period of ten (10) days from receipt of the documents, inform the Sangguniang Panlalawigan in
writing of his comments or recommendations, which may be considered by the Sangguniang Panlalawigan in
making its decision.

(c) If the Sangguniang Panlalawigan finds that such an ordinance or resolution is beyond the power
conferred upon the Sangguniang Panlungsod or Sangguniang bayan concerned, it shall declare such ordinance
or resolution invalid in whole or in part. The Sangguniang Panlalawigan shall enter its action in the minutes
and shall advise the corresponding city or municipal authorities of the action it has taken.

(d) If no action has been taken by the Sangguniang Panlalawigan within thirty (30) days after submission
of such an ordinance or resolution, the same shall be presumed consistent with law and therefore valid.
SECTION 57. Review of Barangay Ordinances by the Sangguniang Panlungsod or Sangguniang Bayan.
− (a) Within ten (10) days after its enactment, the Sangguniang Barangay shall furnish copies of all Barangay
ordinances to the Sangguniang Panlungsod or Sangguniang bayan concerned for review as to whether the
ordinance is consistent with law and city or municipal ordinances.

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

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

SECTION 58. Enforcement of Disapproved ordinances or Resolutions. − Any attempt to enforce any
ordinance or any resolution approving the local development plan and public investment program, after the
disapproval thereof, shall be sufficient ground for the suspension or dismissal of the official or employee
concerned.

SECTION 59. Effectivity of Ordinances or Resolutions. (a) Unless otherwise stated in the ordinance or the
resolution approving the local development plan and public investment program, the same shall take effect
after ten (10) days from the date a copy thereof is posted in a bulletin board at the entrance of the provincial
capitol or city, municipal, or Barangay hall, as the case may be, and in at least two (2) other conspicuous
places in the local government unit concerned.

(b) The secretary to the Sanggunian concerned shall cause the posting of an ordinance or resolution in the
bulletin board at the entrance of the provincial capitol and the city, municipal, or Barangay hall in at least two
(2) conspicuous places in the local government unit concerned not later than five (5) days after approval
thereof.

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

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

(a) Disloyalty to the Republic of the Philippines;

(b) Culpable violation of the Constitution;

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

(d) Commission of any offense involving moral turpitude or an offense punishable by at least prision
mayor;

(e) Abuse of authority;

(f) Unauthorized absence for fifteen (15) consecutive working days, except in the case of members of the
Sangguniang Panlalawigan, Sangguniang Panlungsod, Sangguniang bayan, and Sangguniang Barangay;

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

(h) Such other grounds as may be provided in this Code and other laws. An elective local official may be
removed from office on the grounds enumerated above by order of the proper court.
SECTION 61. Form and Filing of Administrative Complaints. − A verified complaint against any erring
local elective official shall be prepared as follows:

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

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

(c) A complaint against any elective Barangay official shall be filed before the Sangguniang Panlungsod
or Sangguniang bayan concerned whose decision shall be final and executory.

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

(b) When the respondent is an elective official of a province or highly urbanized city, such hearing and
investigation shall be conducted in the place where he renders or holds office. For all other local elective
officials, the venue shall be the place where the Sanggunian concerned is located.

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

SECTION 63. Preventive Suspension.

(a) Preventive suspension may be imposed:

(1) By the President, if the respondent is an elective official of a province, a highly urbanized or an
independent component city;
(2) By the governor, if the respondent is an elective official of a component city or municipality; or

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

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

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

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

SECTION 64. Salary of Respondent Pending Suspension. − The respondent official preventively
suspended from office shall receive no salary or compensation during such suspension; but, upon subsequent
exoneration and reinstatement, he shall be paid full salary or compensation including such emoluments
accruing during such suspension.

SECTION 65. Rights of Respondent − The respondent shall be accorded full opportunity to appear and
defend himself in person or by counsel, to confront and cross−examine the witnesses against him, and to
require the attendance of witnesses and the production of documentary evidence in his favor through the
compulsory process of subpoena or subpoena duces tecum.

SECTION 66. Form and Notice of Decision. − (a) The investigation of the case shall be terminated within
ninety (90) days from the start thereof. Within thirty (30) days after the end of the investigation, the Office of
the President or the Sanggunian concerned shall render a decision in writing stating clearly and distinctly the
facts and the reasons for such decision. Copies of said decision shall immediately be furnished the respondent
and all interested parties.
(b) The penalty of suspension shall not exceed the unexpired term of the respondent or a period of six (6)
months for every administrative offense, nor shall said penalty be a bar to the candidacy of the respondent so
suspended as long as he meets the qualifications required for the office.

(c) The penalty of removal from office as a result of an administrative investigation shall be considered a
bar to the candidacy of the respondent for any elective position.

SECTION 67. Administrative Appeals. − Decisions in administrative cases may, within thirty (30) days
from receipt thereof, be appealed to the following:

(a) The Sangguniang Panlalawigan, in the case of decisions of the Sangguniang Panlungsod of component
cities and the Sangguniang bayan; and

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

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

CHAPTER 5. − RECALL

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

SECTION 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

(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.

SECTION 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.

SECTION 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.

SECTION 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.

SECTION 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.

SECTION 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

SECTION 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.

SECTION 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.

SECTION 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.

SECTION 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.

SECTION 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.

SECTION 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.

SECTION 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.

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

SECTION 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 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.

SECTION 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.

SECTION 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.

SECTION 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.

SECTION 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 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.

SECTION 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.

(c) 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.

SECTION 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.

SECTION 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.

SECTION 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.

SECTION 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.

SECTION 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.

SECTION 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
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) months, 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.

SECTION 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

SECTION 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;

(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

<span style='font−size:12.0pt;mso−