ADMINISTRATIVE ORDER NO.

270 DONE in the City of Manila, this 21st day of February, in the year of Our Lord,
nineteen hundred and ninety-two.
ADMINISTRATIVE ORDER NO. 270 -
PRESCRIBING THE IMPLEMENTING RULES
AND REGULATIONS OF THE LOCAL
GOVERNMENT CODE OF 1991
WHEREAS, Sec. 25, Article II of the Constitution mandates that the State shall ensure
the autonomy of local governments;

WHEREAS, pursuant to this declared policy, Republic Act No. 7160, otherwise known
as the Local Government Code of 1991, affirms, among others, 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;

WHEREAS, Sec. 533 of the Local Government Code of 1991 requires the President to
convene an Oversight Committee for the purpose of formulating and issuing the
appropriate rules and regulations necessary for the efficient and effective
implementation of all the provisions of the said Code; and

WHEREAS, the Oversight Committee, after due deliberations and consultations with
all the concerned sectors of society and consideration of the operative principles of local
autonomy as provided in the Local Government Code of 1991, has completed the
formulation of the implementing rules and regulations;

NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by

virtue of the powers vested in me by law, do hereby order:

Section 1. The attached "Rules and Regulations Implementing the Local

Government Code of 1991," which shall form an integral part of this Administrative
Order, are hereby approved and adopted for the efficient and effective implementation
of the said Code.

Sec. 2. This Administrative Order shall take effect upon its publication in a newspaper
of general circulation.
 (d) Every LGU shall exercise the powers expressly granted, those necessarily implied
RULES AND REGULATIONS therefrom, as well as powers necessary, appropriate, or incidental for its efficient and
IMPLEMENTING THE LOCAL effective governance, and those which are essential to the promotion of the general
welfare. Within their respective territorial jurisdictions, LGUs shall ensure and support,
GOVERNMENT CODE OF 1991 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
RULE I employment among their residents, maintain peace and order, and preserve the comfort
and convenience of their inhabitants.
POLICY AND APPLICATION ARTICLE 4. Scope of Application. — These Rules shall apply to the following:
ARTICLE 1. Title. — These Rules shall be known and cited as the Rules and
(a) All provinces, cities, municipalities, barangays, and such other political subdivisions
Regulations Implementing the Local Government Code of 1991.
as may be created by law;
ARTICLE 2. Purpose. — These Rules are promulgated to prescribe the procedures
(b) All LGUs in the Autonomous Region in Muslim Mindanao and other autonomous
and guidelines for the implementation of the Local Government Code of 1991 in order
political units as may be created by law, until such time that they shall have enacted
to facilitate compliance therewith and achieve the objectives thereof.
their own local government code; and
ARTICLE 3. Declaration of Policy. — (a) It is hereby declared the policy of the State
(c) NGAs and other government instrumentalities including government-owned and
that the territorial and political subdivisions of the State shall enjoy genuine and
-controlled corporations (GOCCs) to the extent provided in the Code.
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 ARTICLE 5. Rules of Interpretation. — In the interpretation of the provisions of the
whereby local government units (LGUs) shall be given more powers, Code, the following rules shall apply:
authority,responsibilities, and resources. The process of decentralization shall proceed
from the National Government to the LGUs. (a) The general welfare provisions, any provision on the powers of an LGU, and any
question regarding the devolution of powers shall be liberally interpreted and resolved
(b) It is also the policy of the State to ensure the accountability of LGUs through the in their favor of the LGU.
institution of effective mechanisms of recall, initiative and referendum.
(b) Any fair and reasonable doubt on the powers of LGUs shall be liberally interpreted
and resolved in their favor; and in cases involving lower and higher level LGUs, in
favor of the lower level LGU.
(c) It is likewise the policy of the State to require all national government agencies and
offices (NGOs) to conduct periodic consultations with appropriate LGUs, (c) Rights and obligations existing on the date of effectivity of the Code and arising out
nongovernmental organizations (NGOs) and people's organizations, and other of contracts or any other source of prestation involving an LGU shall be governed by
concerned sectors of the community before any project or program is implemented in the original terms and conditions of said contracts or the law in force at the time such
their respective jurisdictions. rights were vested.
(d) In the resolution of controversies arising under the Code where no legal provision or ordinance passed by the sangguniang panlalawigan or sangguniang panlungsod
jurisprudence applies, the customs and traditions in the place where the controversies concerned, in the case of a barangay located within its territorial jurisdiction, subject to
take place may be resorted to. such limitations and requirements prescribed in this Rule.

(e) In case of doubt, any tax ordinance or revenue measure shall be construed strictly Notwithstanding the population requirement, the Congress may create barangays in
against the LGU enacting it, and liberally in favor of the taxpayer. Any tax exemption, indigenous cultural communities to enhance the delivery of basic services in said areas
incentive, or relief granted by any LGU pursuant to the provisions of the Code shall be and in the municipalities within the Metropolitan Manila Area (MMA).
construed strictly against the person claiming it.
(b) Creation or conversion —

(1) The creation of an LGU or its conversion from one level to another shall be based
on the following verifiable indicators of viability and projected capacity to provide
services:

(i) Income — which must be sufficient, based on acceptable standards, to

provide for all essential government facilities and services and special functions
commensurate to the size of its population, as expected of the LGU. The income shall
be based on 1991 constant prices, as determined by the Department of Finance (DOF).

(ii) Population — which shall be the total number of inhabitants within the
territorial jurisdiction of the LGU.

(iii) Land area — which must be contiguous, unless it comprises two (2) or
more islands or is separated by an LGU independent of the others; properly identified
by metes and bounds with technical descriptions; and sufficient to provide for such
RULE II basic services and facilities to meet the requirements of its populace.

CREATION, CONVERSION, DIVISION, (2) Compliance with the foregoing indicators shall be attested by:

MERGER, ABOLITION, AND ALTERATION (i) The Secretary of Finance as to the income requirement in the case of
provinces and cities, and the provincial treasurer in the case of municipalities;
OF BOUNDARIES OF LOCAL
GOVERNMENT UNITS (ii) The Administrator of the National Statistics Office (NSO) as to the
population requirement; and

ARTICLE 6. Common Provisions. — (iii) The Director of the Lands Management Bureau (LMB) of the Department
of Environment and Natural Resources (DENR) as to the land area requirement.
(a) Authority to create LGUs — An LGU may be created, converted, divided,
merged, abolished, or its boundaries substantially altered either by Act of Congress, in (c) Division or merger — Division or merger of existing LGUs shall comply with the
the case of a province, city, municipality, or any other political subdivision, or by same requirements for their creation. Such division or merger shall not reduce the
income, population, or land area of the original LGU or LGUs to less than the
prescribed minimum requirements and that their income classification shall not fall (a) The seat of government of an LGU from where governmental and corporate
below their current income classification prior to the division or merger. services are delivered shall be at the site designated by the law or ordinance creating the
LGU.
(d) Abolition — An LGU may be abolished when its income, population, or land area
has been irreversibly reduced during the immediately preceding three (3) consecutive (b) In the case of a province, the site shall be within its capital town or city.
years to less than the requirements for its creation, as certified by DOF, in the case of
income; by NSO, in the case of population; and by LMB, in the case of land area. The (c) In selecting the site, factors relating to geographical centrality, accessibility,
law or ordinance abolishing an LGU shall specify the province, city, municipality, or availability of transportation and communication facilities, drainage and sanitation,
barangay to which an LGU sought to be abolished will be merged with. development and economic progress, and other relevant considerations shall be taken
into account.
(e) Updating of income classification — The income classification of LGUs shall be
updated by DOF within six (6) months from the effectivity of the Code to reflect the (d) When subsequent to the establishment of the government site conditions
changes in the financial position resulting from the increased revenues. and developments in the LGU have significantly changed, the sanggunian may, after
public hearing and by a vote of two thirds (2/3) of all its members, transfer the
(f) Plebiscite — government site to a location best suited to present needs and anticipated future
development and progress. No transfer shall be made outside the territorial boundaries
(1) No creation, conversion, division, merger, abolition, or substantial alteration of of the LGU concerned. The old site, together with the improvements thereon, may be
boundaries of LGUs shall take effect unless approved by a majority of the votes cast in disposed of by sale or lease or converted to such other use as the sanggunian may deem
a plebiscite called for the purpose in the LGU or LGUs directly affected. The plebiscite beneficial to the LGU and its inhabitants.
shall be conducted by the Commission on Elections (COMELEC) within one hundred
twenty (120) days from the effectivity of the law or ordinance prescribing such action, (e) Local government offices and facilities shall not be transferred, relocated,
unless said law or ordinance fixes another date. or converted to other uses unless public hearings are first conducted for the purpose and
the concurrence of a majority of all the members of the sanggunian is obtained.
(2) The COMELEC shall conduct an intensive information campaign in the LGUs
concerned at least twenty (20) days prior to the plebiscite, in the case of provinces,
cities, and municipalities; and ten (10) days, in the case of barangays. The COMELEC
may seek the assistance of national and local government officials, mass media, NGOs, ARTICLE 8. Government Centers. —
and other interested parties.
(a) Every province, city, and municipality shall endeavor to establish a
(g) Beginning of corporate existence — When a new LGU is created, its corporate government center where offices, agencies, or branches of the National Government,
existence shall commence upon the election and qualification of its chief executive and LGUs or GOCCs may, as far as practicable, be located.
a majority of the members of its sanggunian, unless some other time is fixed therefore
(b) The LGU shall take into account its existing facilities and those of NGAs in
by the law or ordinance creating it.
designating such government center.

(c) Construction of buildings in the government center shall conform with the
ARTICLE 7. Selection and Transfer of Local Government Site, Offices, and overall physical and architectural plans and motif of the government center, as approved
Facilities. — by the sanggunian concerned.
 (d) The National Government, LGU, or GOCC concerned shall bear the (2) Comments on petition — The sangguniang panlalawigan of the original
expenses for the construction of its own buildings and facilities in the government province or provinces shall submit to the Congress its comments and recommendations
center. on the petition for creation of the proposed province.

(3) Documents to support petition — The following documents shall be

attached to the petition for creation:
ARTICLE 9. Provinces. —
(i) Certification by DOF that the average annual income of the proposed
(a) Requisites for creation — A province shall not be created unless the following province meets the minimum income requirement and that its creation will not reduce
requisites on income and either population or land area are present: the income based on 1991 constant prices, of the original LGU or LGUs to less than the
prescribed minimum;
(1) Income — An average annual income of not less than Twenty Million
Pesos (P20,000,000.00) for the immediately preceding two (2) consecutive years based (ii) Certification by the NSO as to population of the proposed province and that
on 1991 constant prices, as certified by DOF. The average annual income shall include its creation will not reduce the population of the original LGUs to less than the
the income accruing to the general fund, exclusive of special funds, special accounts, prescribed minimum;
transfers, and nonrecurring income; and
(iii) Certification by LMB that the land area of the proposed province meets the
(2) Population or land area — Population which shall not be less than two minimum land area requirement and that its creation will not reduce the land area of the
hundred fifty thousand (250,000) inhabitants, as certified by NSO; or land area which original LGU or LGUs to less than the prescribed minimum;
must be contiguous with an area of at least two thousand (2,000) square kilometers, as
certified by LMB. The territory need not be contiguous if it comprises two (2) or more (iv) Map of the original LGU or LGUs, indicating the areas to be created into
islands or is separated by a chartered city or cities which do not contribute to the a province. The map shall be prepared by the provincial, city, or district engineer and
income of the province. The land area requirement shall not apply where the proposed shall clearly indicate the road network within the proposed province; and
province is composed of one (1) or more islands. The territorial jurisdiction of a
province sought to be created shall be properly identified by metes and bounds. (v) Such other information that the petitioners may deem relevant for
consideration in the petition. All costs incurred in the production of the required
The creation of a new province shall not reduce the land area, population, and income documents shall be borne by the petitioning LGUs.
of the original LGU or LGUs at the time of said creation to less than the prescribed
minimum requirements. All expenses incidental to the creation shall be borne by the (4) Plebiscite —
petitioners.
(i) Upon the effectivity of the law creating a province, the COMELEC shall
conduct a plebiscite in the LGU or LGUs directly affected within one hundred twenty
(120) days or within the period specified in the law.
(b) Procedure for creation —
(ii) The COMELEC shall conduct an intensive information campaign in the
(1) Petition — Interested municipalities or component shall submit the LGUs concerned at least twenty (20) days prior to the plebiscite. For this purpose, the
petition, in the form of a resolution, of their respective sanggunians requesting the COMELEC may seek the assistance of national and local government officials, mass
creation of a new city to the Congress, and furnish copies thereof to the sangguniang media, NGOs, and other interested parties.
panlalawigan of the original province or provinces.
 (c) Beginning of corporate existence — When a province is created, its ARTICLE 11. Cities. —
corporate existence shall commence upon the election and qualification of its governor
and a majority of the members of its sanggunian unless some other time is fixed (a) Requisites for creation — A city shall not be created unless the following
therefore by the law creating it. requisites on income and either population or land area are present:

(1) Income — An average annual income of not less than Twenty Million
Pesos (P20,000,000.00), for the immediately preceding two (2) consecutive years based
ARTICLE 10. Status of Existing Subprovinces. — on 1991 constant prices, as certified by DOF. The average annual income shall include
the income accruing to the general fund, exclusive of special funds, special accounts,
(a) The existing subprovinces of Biliran in the province of Leyte, and Guimaras transfers, and nonrecurring income; and
in the province of Iloilo, shall automatically be converted into regular provinces upon
approval by a majority of the votes cast in a plebiscite to be held in the said subprovince (2) Population or land area — Population which shall not be less than one
and the original provinces directly affected which shall be conducted by the COMELEC hundred fifty thousand (150,000) inhabitants, as certified by the NSO; or land area
simultaneously with the national elections on May 11, 1992. which must be contiguous with an area of at least one hundred (100) square kilometers,
as certified by LMB. The territory need not be contiguous if it comprises two (2) or
(b) The new legislative districts created as a result of such conversion shall more islands or is separated by a chartered city or cities which do not contribute to the
continue to be represented in the Congress by the duly elected representatives of the income of the province. The land area requirement shall not apply where the proposed
original districts out of which the new provinces or districts were created until their own city is composed of one (1) or more islands. The territorial jurisdiction of a city sought
representatives shall have been elected in the next regular congressional elections and to be created shall be properly identified by metes and bounds. The creation of a new
have qualified. city shall not reduce the land area, population, and income of the original LGU or LGUs
at the time of said creation to less than the prescribed minimum requirements. All
(c) The incumbent elective officials of the subprovinces converted into regular
expenses incidental to the creation shall be borne by the petitioners.
provinces shall continue to hold office until June 30, 1992. Any vacancy occurring in
the offices occupied by said incumbents, or resulting from expiration of their terms of
office in case of a negative vote in the plebiscite results, shall be filled by appointment
by the President. (b) Procedure for creation —

(d) The appointees shall hold office until their successors shall have been (1) Petition — Interested municipalities or barangays shall submit the petition,
elected in the regular local elections following the plebiscite and have qualified. in the form of a resolution, of their respective sanggunians requesting the creation of a
new city to the Congress, and furnish copies thereof to the sangguniang panlalawigan or
(e) After effectivity of such conversion, the President shall appoint the sangguniang panlungsod of the LGUs concerned.
governor, vice governor and other members of the Sangguniang Panlalawigan if none
has yet been appointed, all of whom shall likewise hold office until their successors (2) Comments on petition — The sangguniang panlalawigan or sangguniang
shall have been elected in the next regular local elections and have qualified. panlungsod shall submit to the Congress its comments and recommendations on the
petition for creation of the city.
(f) All qualified appointive officials and employees in the career service of the
subprovinces at the time of their conversion into regular provinces shall continue in (3) Documents to support petition — The following documents shall be
office in accordance with civil service law, rules and regulations. attached to the petition for creation:
 (i) Certification by DOF that the average annual income of the proposed city (vii) Sources of potable water supply for the inhabitants as certified by the Local
meets the minimum income requirement and that its creation will not reduce the income Water Utilities Administration (LWEI) or the Metropolitan Waterworks and Sewerage
based on 1991 constant prices, of the original LGU or LGUs to less than the prescribed System (MWSS), as the case may be;
minimum;
(viii) Facilities, plans, and site for sewerage, garbage and waste disposal as certified
(ii) Certification by NSO as to population of the proposed city and that its by the local engineer; and
creation will not reduce the population of the original LGUs to less than the prescribed
minimum; (ix) Such other information that the petitioners may deem relevant for consideration
in the petition.
(iii) Certification by LMB that the land area of the proposed city meets the
minimum land area requirement and that its creation will not reduce the land area of the All costs incurred in the production of the required documents shall be borne by the
original LGU or LGUs to lessthan the prescribed minimum; petitioning LGUs.

(iv) Map of the original LGU or LGUs, indicating the areas to be created into a (4) Plebiscite —
city. The map shall be prepared by the provincial, city, or district engineer as the case
(i) Upon the effectivity of the law creating a city, the COMELEC shall conduct
may be and shall clearly indicate the road network within the proposed city;
a plebiscite in the LGUs directly affected within one hundred twenty (120) days or
(v) Certification by LMB that disposable and alienable public lands are available in within the period specified in the law.
the area to be created into a city sufficient to meet its growing population and the
(ii) The COMELEC shall conduct an intensive information campaign in the
following purposes:
LGUs concerned at least twenty (20) days prior to the plebiscite. For this purpose, the
 Government center site of not less than ten thousand (10,000) square meters COMELEC may seek the assistance of national and local government officials, mass
which shall include the city hall site and those of other government buildings; media, NGOs, and other interested parties.
 Market site of not less than ten thousand (10,000) square meters, located out of
view of the city hall, schools, plaza, and cemetery and near but not along a
provincial road, railroad station, navigable river, or sea; (c) Beginning of corporate existence. — When a city is created, its corporate existence
 Plaza or park of not less than ten thousand (10,000) square meters located shall commence upon the election and qualification of its mayor and a majority of the
preferably in front of the city hall; members of its sanggunian, unless some other time is fixed therefore by the law
 School site of not less than ten thousand (10,000) square meters, in well creating it
drained location that conforms with the requirements prescribed by public
school authorities; and
 Cemetery site of not less than five thousand (5,000) square meters for every ten
thousand (10,000) population which conforms with the requirements prescribed
by the health authorities;

(vi) Number and nature of existing and commercial establishments in the territory ARTICLE 12. Conversion of a Component City Into a Highly-Urbanized City. —
of the proposed city as certified by NSO;
(a) Requisites for conversion — A component city shall not be converted into a
highly-urbanized city unless the following requisites are present:
 (1) Income — latest annual income of not less than Fifty Million Pesos consecutive years based on 1991 constant prices, as certified by the provincial treasurer.
(P50,000,000.00) based on 1991 constant prices, as certified by the city treasurer. The The average annual income shall include the income accruing to the general fund,
annual income shall include the income accruing to the general fund, exclusive of exclusive of special funds, special accounts, transfers, and nonrecurring income;
special funds, transfers, and non recurring income; and
(ii) Population — which shall not be less than twenty five thousand (25,000)
(2) Population — which shall not be less than two hundred thousand (200,000) inhabitants, as certified by NSO; and
inhabitants, as certified by NSO.
(iii) Land area — which must be contiguous with an area of at least fifty (50)
square kilometers, as certified by LMB. The territory need not be contiguous if it
comprises two (2) or more islands. The requirement on land area shall not apply where
(b) Procedure for conversion — the proposed municipality is composed of one (1) or more islands. The territorial
jurisdiction of a municipality sought to be created shall be properly identified by metes
(1) Resolution — The interested component city shall submit to the Office of
and bounds.
the President a resolution of its sanggunian adopted by a majority of all its members in
a meeting duly called for the purpose, and approved and endorsed by the city mayor. The creation if a new municipality shall not reduce the land area, population, and
Said resolution shall be accompanied by certifications as to income and population. income of the original LGU or LGUs at the time of said creation to less than the
prescribed minimum requirements.
(2) Declaration of conversion — Within thirty (30) days from receipt of such
resolution, the President shall, after verifying that the income and population All expenses incidental to the creation shall be borne by the petitioners.
requirements have been met, declare the component city as highly-urbanized.

(3) Plebiscite — Within one hundred twenty (120) days from the declaration of
the President or as specified in the declaration, the COMELEC shall conduct a
plebiscite in the city proposed to be converted. Such plebiscite shall be preceded by a
comprehensive information campaign to be conducted by the Comelec with the (b) Procedure for creation —
assistance of national and local government officials, media, NGOs, and other
(1) Petition — Interested barangays shall submit the petition, in the form of a
interested parties.
resolution, of their respective sanggunians requesting the creation of a new municipality
(c) Effect of Conversion — The conversion of a component city into a highly- to the Congress, and furnish copies thereof to the sangguniang panlalawigan,
urbanized city shall make it independent of the province where it is geographically sangguniang panlungsod, or sangguniang bayan of the LGUs concerned.
located.
(2) Comments on petition — The sangguniang panlungsod or sangguniang
bayan, together with the sangguniang panlalawigan, shall submit to the Congress its
comments and recommendations on the petition for creation of the municipality.
ARTICLE 13. Municipalities. —
(3) Documents to support petition — The following documents shall be
(a) Requisites for Creation — A municipality shall not be created unless the following attached to the petition for creation:
requisites are present:
(i) Certification by the provincial treasurer, in the case of
(i) Income — An average annual income of not less than Two Million Five municipalities and component cities, and the city treasurer, in the case of
Hundred Thousand Pesos (P2,500,000.00), for the immediately preceding two (2) highly-urbanized cities, that the average annual income of the proposed
 municipality meets the minimum income requirement and that its creation will (vii) Sources of potable water supply for the inhabitants as certified by
not reduce the income, based on 1991 constant prices, of the original LGU or LWUA or MWSS, as the case may be;
LGUs to less than the prescribed minimum;
(viii) Facilities, plans, and site for sewerage, garbage and waste disposal
(ii) Certification by NSO as to population of the proposed municipality as certified by the local engineer; and
and that its creation will not reduce the population of the original LGU or
LGUs to less than the prescribed minimum; (ix) Such other information that the petitioners may deem relevant for
consideration in the petition.
(iii) Certification by the LMB that the land area of the proposed
municipality meets the minimum land area requirement and that its creation All costs incurred in the production of the required documents shall be borne by the
will not reduce the land area of the original LGU or LGUs to less than the petitioning LGUs.
prescribed minimum;

(iv) Map of the original LGU or LGUs, indicating the areas to be

(4) Plebiscite —
created into a municipality. The map shall be prepared by the provincial, city,
or district engineer as the case may be and shall clearly indicate the road (i) Upon the effectivity of the law creating a municipality, the
network within the proposed city; COMELEC shall conduct a plebiscite in the LGUs directly affected within one
hundred twenty (120) days or within the period specified in the law.
(v) Certification by LMB that disposable and alienable public lands are
available in the area to be created into a municipality sufficient to meet its (ii) The COMELEC shall conduct an intensive information campaign
growing population and the following purposes: in the LGUs concerned at least twenty (20) days prior to the plebiscite. For this
purpose, the COMELEC may seek the assistance of national and local
 Government center site of not less than five thousand (5,000) square meters
government officials, mass media, NGOS, and other interested parties.
which shall include the municipal hall site and those of other government
buildings; (c) Beginning of corporate existence. — When a municipality is created, its corporate
 Market site of not less than five thousand (5,000) square meters, located out existence shall commence upon the election and qualification of its mayor and a
of view of the municipal hall, schools, plaza, and cemetery and near but not majority of the members of its sanggunian, unless some other time is fixed therefore by
along a provincial road, railroad station, navigable river, or sea; the law creating it.
 Plaza or park of not less than five thousand (5,000) square meters located
preferably in front of the municipal hall;
 School site of not less than five thousand (5,000) square meters, in well-
ARTICLE 14. Barangays. —
drained location that conforms with the requirements prescribed by public
school authorities; and (a) Creation of barangays by the sangguniang panlalawigan shall require prior
 Cemetery site of not less than five thousand (5,000) square meters for every recommendation of the sangguniang bayan.
ten thousand (10,000) population which conforms with the requirements
prescribed by health authorities. (b) New barangays in the municipalities within MMA shall be created only by
Act of Congress, subject to the limitations and requirements prescribed in this Article.
(vi) Number and nature of existing industrial and commercial
establishments in the territory of the proposed municipality as certified by NSO;
 (c) Notwithstanding the population requirement, a barangay may be created in All costs incurred in the production of the required documents shall be borne by the
the indigenous cultural communities by Act of Congress upon recommendation of the petitioning LGUs.
LGU or LGUs where the cultural community is located.
(3) Comments on petition — The presiding officer of the sangguniang bayan
(d) A barangay shall not be created unless the following requisites are present: shall require the sangguniang barangay of the original barangay or barangays to submit
their comments on the proposed creation within twenty (20) days after receipt of said
(1) Population — which shall not be less than two thousand (2,000) inhabitants, except petition or resolution which shall serve as basis for recommending appropriate action
in municipalities and cities within MMA and other metropolitan political subdivisions thereon to the sangguniang panlalawigan.
as may be created by law, or in highly-urbanized cities where such territory shall have a
population of at least five thousand (5,000) inhabitants, as certified by NSO. The (4) Action on petition — The sangguniang panlalawigan or sangguniang
creation of a barangay shall not reduce the population of the original barangay or panlungsod shall, within fifteen (15) days from submission of the petition and other
barangays to less than the prescribed minimum. required supporting documents, takeaction granting or denying the petition.

(2) Land area — which must be contiguous, unless comprised by two (2) or more (i) The ordinance granting the petition creating a new barangay shall be
islands. The territorial jurisdiction of a barangay sought to be created shall be properly approved by two-thirds (2/3) of all the members of the sangguniang panlalawigan or
identified by metes and bounds or by more or less permanent natural boundaries. sangguniang panlungsod.

All expenses incidental to the creation shall be borne by the petitioners. The ordinance shall properly identify by metes and bounds or by natural
boundaries, the territorial jurisdiction of the new barangay. The ordinance shall likewise
(e) Procedure for creation — fix the date of the plebiscite to be conducted by the COMELEC in the area or areas
directly affected to ratify the creation of the new barangay.
(1) Petition — A written petition of a majority of the registered voters residing
in the area sought to be created or resolutions of the sangguniang barangays desiring to (ii) A denial shall be in the form of a resolution stating clearly the facts and
be merged, as the case may be, shall be presented to the sangguniang panlalawigan, reasons for such denial.
upon recommendation of the sangguniang bayan concerned, or to the sangguniang
panlungsod, for appropriate action. (5) Submission of ordinance to the COMELEC — Within thirty (30) days
before the plebiscite, the secretary to the sangguniang panlalawigan or sangguniang
In the case of municipalities within MMA, a similar petition or resolution shall be panlungsod shall furnish the COMELEC with a signed official copy of the ordinance
presented to the Congress, upon recommendation of the sangguniang bayan concerned. creating the barangay.
(2) Documents to support petition — In addition to the petition or resolution, (6) Conduct of information campaign — The COMELEC shall conduct an
the following shall be submitted: intensive informationcampaign in the LGUs concerned at least ten (10) days prior to the
plebiscite. For this purpose, the COMELEC may seek the assistance of national and
(i) Certification by NSO as to the population of the proposed barangay
local government officials, mass media, NGOs, and other interested parties.
and that its creation will not reduce the population of the original barangay or
barangays to less than the prescribed minimum. (7) Submission of plebiscite results — At least seven (7) days after the
conduct of the plebiscite, the city or municipality concerned shall submit the
(ii) Map of the original barangay or barangays indicating the areas to
Certificates of Canvass of Votes Cast, Statement of Affirmative and Negative Votes,
be created into a new barangay and technical description certified by LMB or
Abstentions Cast in every voting center as well as the provincial or city ordinance
city or municipal assessor, as the case may be.
creating the barangay to the COMELEC and DILG central office for inclusion in the
Official Masterlist of Barangays.

(f) Beginning of corporate existence — When a barangay is created, its

corporate existence shall commence upon the election and qualification of its punong
barangay and a majority of the members of its sanggunian unless some other time is
fixed therefore by the law or ordinance creating it.

(g) Financial requirement — The financial requirements of the barangays

created by LGUs after the effectivity of the Code shall be the responsibility of the LGU
concerned.

(h) Consolidation plan of barangays — Based on the criteria prescribed in this

Article, the governor or city mayor may prepare a consolidation plan for barangays
within his territorial jurisdiction. The said plan shall be submitted to the sangguniang
panlalawigan or sangguniang panlungsod for appropriate action.

In the case of municipalities within MMA and other metropolitan political subdivisions
as may be created by law, the barangay consolidation plan shall be prepared and
approved by the sangguniang bayan concerned.
 RULE III (1) Duly authenticated copy of the law or statute creating the LGU or
any other document showing proof of creation of the LGU;

SETTLEMENT OF BOUNDARY DISPUTES (2) Provincial, city, municipal, or barangay map, as the case may be,
duly certified by the LMB;

(3) Technical description of the boundaries of the LGUs concerned;

ARTICLE 15. Definition and Policy. — There is a boundary dispute when a portion
or the whole of the territorial area of an LGU is claimed by two or more LGUs. (4) Written certification of the provincial, city, or municipal assessor,
Boundary disputes between or among LGUs shall, as much as possible, be settled as the case may be, as to territorial jurisdiction over the disputed area according
amicably. to records in custody;

ARTICLE 16. Jurisdictional Responsibility. — Boundary disputes shall be referred (5) Written declarations or sworn statements of the people residing in
for settlement to the following: the disputed area; and

(a) Sangguniang panlungsod or sangguniang bayan for disputes involving two (6) Such other documents or information as may be required by the
(2) or more barangays in the same city or municipality, as the case may be; sanggunian hearing the dispute.

(b) Sangguniang panlalawigan, for those involving two (2) or more

municipalities within the same province;
(d) Answer of adverse party — Upon receipt by the sanggunian concerned of
(c) Jointly, to the sanggunians of provinces concerned, for those involving the petition together with the required documents, the LGU or LGUs complained
component cities or municipalities of different provinces; or against shall be furnished copies thereof and shall be given fifteen (15) working days
within which to file their answers.
(d) Jointly, to the respective sanggunians, for those involving a component city
or municipality and a highly-urbanized city; or two (2) or more highly-urbanized cities. (e) Hearing — Within five (5) working days after receipt of the answer of the
adverse party, the sanggunian shall hear the case and allow the parties concerned to
present their respective evidences.

ARTICLE 17. Procedures for Settling Boundary Disputes. — The following (f) Joint hearing — When two or more sanggunians jointly hear a case, they
procedures shall govern the settlement of boundary disputes: may sit en banc or designate their respective representatives. Where representatives are
designated, there shall be an equal number of representatives from each sanggunian.
(a) Filing of petition — The sanggunian concerned may initiate action by filing
They shall elect from among themselves apresiding officer and a secretary. In case of
a petition, in the form of a resolution, with the sanggunian having jurisdiction over the
disagreement, selection shall be by drawing lot.
dispute.
(g) Failure to settle — In the event the sanggunian fails to amicably settle the
(b) Contents of petition — The petition shall state the grounds, reasons or
dispute within sixty(60) days from the date such dispute was referred thereto, it shall
justifications therefore.
issue a certification to that effect and copies thereof shall be furnished the parties
(c) Documents attached to petition — The petition shall be accompanied by: concerned.
 (h) Decision — Within sixty (60) days from the date the certification was (a) Component cities and municipalities, upon the recommendation of the
issued, the dispute shall be formally tried and decided by the sanggunian concerned. sangguniang panlungsod or sangguniang bayan, as the case may be;
Copies of the decision shall, within fifteen(15) days from the promulgation thereof, be
furnished the parties concerned, DILG, local assessor,COMELEC, NSO, and other (b) Provincial roads, streets, avenues, boulevards, thoroughfares, and bridges;
NGAs concerned.
(c) Provincial public vocational or technical schools and other post-secondary
(i) Appeal — Within the time and manner prescribed by the Rules of Court, and tertiary schools;
any party may elevate the decision of the sanggunian concerned to the proper Regional
(d) Provincial hospitals, health centers, and other health facilities; and
Trial Court having jurisdiction over the dispute by filing therewith the appropriate
pleading, stating among others, the nature of the dispute, the decision of the sanggunian (e) Any other public place or building owned by the province.
concerned and the reasons for appealing therefrom. The Regional Trial Court shall
decide the case within one (1) year from the filing thereof. Decisions on boundary
disputes promulgated jointly by two (2) or more sangguniang panlalawigans shall be
ARTICLE 21. Naming by the Sanggunians of Highly-Urbanized Cities and
heard by the Regional Trial Court of the province which first took cognizance of the
Independent Component Cities. —
dispute.
The sanggunians of highly-urbanized cities and component cities whose charters
prohibit their voters from voting for provincial elective officials, hereinafter referred to
ARTICLE 18. Maintenance of Status Quo. — Pending final resolution of the dispute, as independent component cities may, in consultation with NHI, change the name of the
the status of the affected area prior to the dispute shall be maintained and continued for following within their respective territorial jurisdictions:
all purposes.
(a) City barangays, upon the recommendation of the sangguniang barangay;
ARTICLE 19. Official Custodian. — The DILG shall be the official custodian of
(b) City and barangay roads, streets, avenues, boulevards, thoroughfares, and
copies of all documents on boundary disputes of LGUs.
bridges;

(c) City public elementary, secondary, and vocational or technical schools,

RULE IV community colleges, and non-chartered colleges;

NAMING OF LOCAL GOVERNMENT (d) City hospitals, health centers, and other health facilities; and

UNITS, PUBLIC PLACES, STREETS, AND (e) Any other public place or building owned by the city.

STRUCTURES
ARTICLE 22. Naming by the Sanggunians of Component Cities and
Municipalities. — The sanggunians of component cities and municipalities may, in
ARTICLE 20. Naming by the Sangguniang Panlalawigan. — The sangguniang consultation with the NHI, change the name of the following within their respective
panlalawigan, in consultation with the National Historical Institute (NHI), referred to as territorial jurisdictions:
the Philippine Historical Commission in the Code, may change the name of the
following within its territorial jurisdiction:
 (a) City and municipal barangays, upon the recommendation of the (d) The Office of the President, the representative of the legislative district
sangguniang barangay; concerned, and the Postal Services Office shall be notified of any change in name of
LGUs, public places, streets, and structures.
(b) City, municipal, and barangay roads, streets, avenues, boulevards,
thoroughfares, and bridges;

(c) City and municipal public elementary, secondary, and vocational or

technical schools, postsecondary and other tertiary schools;
RULE V
(d) City and municipal hospitals, health centers, and other public health
facilities; and
BASIC SERVICES AND FACILITIES
(e) Any other public place or building owned by the city or municipality.

ARTICLE 23. Guidelines and Limitations. —

ARTICLE 24. Devolution. —
(a) No name of LGUs, public places, streets, and structures with historical,
(a) Consistent with local autonomy and decentralization, the provision for the
cultural, or ethnic significance shall be changed, unless by unanimous vote of the
delivery of basic services and facilities shall be devolved from the National
sanggunian and in consultation with NHI.
Government to provinces, cities, municipalities, and barangays so that each LGU shall
(b) No change in name of an LGU shall be effective unless ratified in a be responsible for a minimum set of services and facilities in accordance with
plebiscite called for the purpose. established national policies, guidelines, and standards.

(c) Naming shall be subject to the following conditions: (b) For purposes of this Rule, devolution shall mean the transfer of power and
authority from the National Government to LGUs to enable them to perform specific
(1) Naming after a living person shall not be allowed; functions and responsibilities.

(2) A change in name shall be made only for a justifiable reason; (c) Any subsequent change in national policies, guidelines, and standards shall
be subject to prior consultation with LGUs.
(3) Any change shall not be made more than once every ten (10) years;

(4) A change in name of a local public school shall be made only upon
the recommendation of the local school board;
ARTICLE 25. Responsibility for Delivery of Basic Services and Facilities. — The
(5) A change in name of local public hospitals, health centers, and LGUs shall, in addition to their existing functions and responsibilities, provide basic
other health facilities shall be made only upon the recommendation of the local services and facilities devolved to them covering, but not limited to, the following:
health board;
Barangay
(6) The whole length of a street shall have only one name; and
(a) Agricultural support services through a distribution system for agriculture
(7) The name of a family in a particular community whose members
and fishery inputs and the operation of agricultural and fishery produce collection and
significantly contributed to the welfare of the Filipino people may be used;
buying stations;
 (b) Health and social welfare services, through maintenance of barangay health
and daycare centers;
(b) In accordance with national policies and subject to supervision, control, and
(c) Services and facilities related to general hygiene and sanitation, review of DENR, implementation of community-based forestry projects through:
beautification, and solid waste collection;
(1) Integrated social forestry programs and similar projects;
(d) Administration and maintenance of the Katarungang Pambarangay;
(2) Management and control of communal forests with an area not
(e) Maintenance of barangay roads and bridges and water supply systems; exceeding fifty (50) square kilometers; and

(f) Infrastructure facilities such as multipurpose hall, multipurpose pavement, (3) Establishment of tree parks, greenbelts, and similar forest
plaza, sports center, and other similar facilities; development projects.

(g) Information and reading center; and

(h) Satellite public market, where viable. (c) Subject to the provisions of Rule XXIII on local health boards and in
accordance with the standards and criteria of the Department of Health (DOH),
provision of health services through:
Municipality (1) Implementation of programs and projects on primary health care,
maternal and child care, and communicable and non-communicable disease
(a) Agriculture and fishery extension and on-site research through:
control services;
(1) dispersal of livelihood and poultry, fingerlings, and other seeding
(2) Access to secondary and tertiary health services; and
materials for agriculture;
(3) Purchase of medicines, medical supplies, and equipment needed to
(2) establishment and maintenance of seed farms for palay, corn, and
carry out the devolved health services.
vegetables; medicinal plant gardens; seedling nurseries for fruit trees, coconuts,
and other trees or crops; and demonstration farms; (d) Provision of social welfare services through:
(3) Enforcement of standards for quality control or copra and (1) Programs and projects for the welfare of the youth and children,
improvement and development of local distribution channels, preferably family and community, women, the elderly, and the disabled;
through cooperatives;
(2) Community-based rehabilitation programs for vagrants, beggars,
(4) Maintenance and operation of interbarangay irrigation system; street children, scavengers, juvenile delinquents, and victims of drug abuse;
(5) Implementation of water and soil resource utilization and (3) Livelihood and other pro-poor projects;
conservation projects; and
(4) Nutrition services; and
(6) Enforcement of fishery laws in municipal waters, including
conservation of mangroves. (5) Family planning services.
 (e) Provision of information services through investment and job placement (k) Provision of sites for police and fire stations and substations and municipal
information systems, tax and marketing information systems, and maintenance of a jail.
public library;

(f) Provision of solid waste disposal or environmental management systems

and services or facilities related to general hygiene and sanitation; Province

(g) Construction and maintenance of infrastructure facilities funded by the (a) Agricultural extension and on-site research services and facilities through:
municipality to serve the needs of the residents including, but not limited to:
(1) Prevention and control of plant and animal pests and diseases;
(1) Municipal roads and bridges;
(2) Establishment and maintenance of dairy farms, livestock markets,
(2) School buildings and other facilities for public elementary and animal breeding stations, and artificial insemination centers;
secondary schools;
(3) Assistance in the organization of farmer's and fishermen's
(3) Clinics, health centers, and other health facilities necessary to carry cooperatives and other collective organizations; and
out health services;
(4) Transfer of appropriate technology.
(4) Communal irrigation, small water impounding projects, and other
(b) Industrial research and development services, as well as transfer of
similar projects;
appropriate technology;
(5) Fish ports;
(c) Pursuant to national policies and subject to supervision, control, and review
(6) Artesian wells, spring development, rainwater collectors, and water of DENR, enforcement of forestry laws limited to community-based forestry projects,
supply systems; pollution control law, small-scale mining law, and other laws on the protection of the
environment; and mini-hydroelectric projects for local purposes;
(7) Seawalls, dikes, drainage and sewerage, and flood control;
(d) Subject to the provision of Rule XXIII on local health boards, health
(8) Traffic signals and road signs; and services which include hospitals and other tertiary health services;

(9) Other similar facilities. (e) Social welfare services which include programs and projects on rebel
returnees and evacuees, relief operations, and population development services;
(h) Construction, maintenance, and operation of municipal public markets,
slaughterhouses, and other economic enterprises; (f) Construction and maintenance of provincial buildings, provincial jails,
freedom parks and public assembly areas, and other similar facilities;
(i) Construction, maintenance, and operation of municipal cemeteries;
(g) Construction and maintenance of infrastructure facilities funded by the
(j) Construction, maintenance, and operation of tourism facilities and other province to serve the needs of the residents including, but not limited to:
tourist attractions, including acquisition of equipment, regulation and supervision of
business concessions, and security services for such facilities; and (1) Provincial roads and bridges;
 (2) Intermunicipal waterworks, drainage, and sewerage, flood control, those wholly or partially funded from foreign sources, are not covered by the devolution
and irrigation systems; of basic services and facilities under this Rule, except in those cases where the LGU
concerned is duly designated as the implementing agency for such projects, facilities,
(3) Reclamation projects; and programs, and services.
(4) Other similar facilities. ARTICLE 27. Specification and Testing of Materials and Procurement Systems.
— The designs, plans, specifications, testing of materials, and procurement of
(h) Planning and implementation of the programs and projects for low-cost
equipment and materials from both foreign and local sources necessary for the
housing and other mass dwellings, except those funded by the Social Security System,
provision of basic services and facilities shall be undertaken by the LGU based on
Government Service Insurance System, and the Home Development Mutual Fund.
national policies, standards, and guidelines.
National funds for these programs and projects shall be equitably allocated to the
regions in proportion to the ratio of the homeless to the population;

(i) Provision for investment support services, including access to credit ARTICLE 28. Period of Devolution. — The NGAs concerned shall devolve to LGUs
financing; the responsibility for the provision of basic services and facilities enumerated in this
Rule within six (6) months after the effectivity of the Code on January 1, 1992.
(j) Upgrading and modernization of tax information and collection services
through the use of computer hardware and software and other means;
ARTICLE 29. Funding. — Basic services and facilities shall be funded from the share
(k) Provision for intermunicipal telecommunications services, subject to of LGU in the proceeds of national taxes, other local revenues, and funding support
national policy guidelines and standards; and from the National Government and its instrumentalities including GOCCs, tasked by
law to establish and maintain such services or facilities. Any available fund or resource
(l) Planning and implementation of tourism development and promotion
of LGUs shall first be allocated for the provision of basic services and facilities before
programs.
using such fund or resource for other purposes, unless otherwise provided under these
Rules.

City
ARTICLE 30. Commercialization and Privatization. —
All services and facilities provided by the municipality and the province and, in
addition thereto, thefollowing: (a) LGUs may, by ordinance, sell, lease, encumber, or otherwise dispose of
public economic enterprises owned by them in their proprietary capacity to ensure
(a) Adequate communication and transportation facilities; and active participation of the private sector in local governance.

(b) Support services and facilities for education, police, and fire protection. (b) Without prejudice to the social attributes of basic services and facilities,
LGUs may tap the private sector in the delivery of basic services and facilities.

(c) Reasonable costs may be charged by the private sector concerned for the
ARTICLE 26. Exceptions. — Public works and infrastructure projects and other
operation and management of economic enterprises for the delivery of basic services
facilities, programs, and services funded by the National Government under the annual
and facilities.
General Appropriations Act, other special laws, and pertinent executive orders, and
 (d) The guidelines issued by DILG in its Circular No. 90-104 dated December the poor and the landless, upon payment of just compensation, pursuant to the
3, 1990 (Annex A) may initially serve as bases for determining the nature and scope of provisions of the Constitution and pertinent laws.
such services and facilities of LGUthat could be assigned to the private sector.
(b) The power of eminent domain may not be exercised unless a valid and
(e) The DILG shall formulate an accreditation scheme for the private sector, definite offer has been previously made to the owner, and such offer was not accepted.
and a system for cost recovery and privatization of local public enterprises.

ARTICLE 33. Public Use, Purpose, or Welfare. — The following shall, among
ARTICLE 31. Augmentation Scheme. — NGAS affected by devolution or the next others, be considered as public use, purpose, or welfare:
higher LGU may augment basic services and facilities assigned to a lower LGU.
Standards and guidelines for basic services and facilities prescribed by NGAs shall be (a) Socialized housing;
the bases for determining non-availability or inadequacy of such services and facilities (b) Construction or extension of roads, streets, sidewalks, viaducts, bridges,
in an LGU. In the event an LGU cannot continually support the salaries of devolved ferries, levees, wharves, or piers;
personnel, maintain the operation of transferred assets, or finance the adequate delivery
(c) Construction or improvement of public buildings;
of basic services and facilities, the President may, upon request of the LGU concerned,
direct the appropriate NGA to provide financial, technical, or other form of assistance. (d) Establishment of parks, playgrounds, or plazas;
Such assistance shall be extended at no extra cost on the part of the LGU.
(e) Establishment of market places;
(f) Construction of artesian wells or water supply systems;
(g) Establishment of cemeteries or crematories;
(h) Establishment of drainage systems, cesspools, or sewerage systems;
(i) Construction of irrigation canals or dams;
(j) Establishment of nurseries, health centers, or hospitals;
(k) Establishment of abattoirs; and
(l) Building of research, breeding, or dispersal centers for animals.

RULE VI
ARTICLE 34. Prerequisites. — In acquiring private property for public use or
purpose, LGU shall first establish the suitability of the property to be acquired for the
EMINENT DOMAIN use intended, then proceed to obtain from the proper authorities the necessary locational
clearance and other requirements imposed under existing laws, rules and regulations.
ARTICLE 32. When Exercised. —

(a) An LGU may, through its chief executive and acting pursuant to an
ordinance, exercise the power of eminent domain for public use, purpose, or welfare of ARTICLE 35. Offer to Buy and Contract of Sale. —
 (a) The offer to buy private property for public use or purpose shall be in (c) The LGU may immediately take possession of the property upon the filing
writing. It shall specify the property sought to be acquired, the reasons for its of expropriation proceedings and upon making a deposit with the proper court of at
acquisition, and the price offered. least fifteen percent (15%) of the fair market value of the property based on the current
tax declaration of the property to be expropriated.
(b) If the owner or owners accept the offer in its entirety, a contract of sale
shall be executed and payment forthwith made. ARTICLE 37. Payment. — 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
(c) If the owner or owners are willing to sell their property but at a price higher taking of the property.
than that offered to them, the local chief executive shall call them to a conference for
the purpose of reaching an agreement on the selling price. The chairman of the
appropriation or finance committee of the sanggunian, or in his absence, any member of
the sanggunian duly chosen as its representative, shall participate in the conference.
When an agreement is reached by the parties, a contract of sale shall be drawn and
executed.

(d) The contract of sale shall be supported by the following documents:

(1) Resolution of the sanggunian authorizing the local chief executive to enter RULE VII
into a contract of sale.

The resolution shall specify the terms and conditions to be embodied in the
RECLASSIFICATION OF AGRICULTURAL
contract; LANDS
(2) Ordinance appropriating the amount specified in the contract; and ARTICLE 38. Authority to Reclassify Agricultural Lands. —
(3) Certification of the local treasurer as to availability of funds (a) A city or municipality may reclassify agricultural lands through an
together with a statement that such fund shall not be disbursed or spent for any ordinance enacted by the sanggunian after conducting public hearings for the purpose
purpose other than to pay for the purchase of the property involved. provided that there exists an approved zoning ordinance implementing
itscomprehensive land use plan.
ARTICLE 36. Expropriation Proceedings. — (b) Agricultural lands may be classified in the following cases:
(a) If the LGU fails to acquire a private property for public use, purpose, or
(1) When land ceases to be economically feasible and sound for
welfare through purchase, LGU may expropriate said property through a resolution of
agricultural purposes as determined by the Department of Agriculture; or
the sanggunian authorizing its chief executive to initiate expropriation proceedings.
(2) Where the land shall have substantially greater economic value for
(b) The local chief executive shall cause the provincial, city, or municipal
residential, commercial, or industrial purposes as determined by the
attorney concerned or, in his absence, the provincial or city prosecutor, to file
sanggunian.
expropriation proceedings in the proper court in accordance with the Rules of Court and
other pertinent laws.
ARTICLE 39. Limitations. — (a) Subject to applicable laws, rules and regulations, cities and municipalities
shall continue to prepare their respective comprehensive land use plans enacted through
(a) Reclassification shall be limited to the following percentage of the total zoning ordinances. The requirements for food production, human settlements,
agricultural land area at the time of the passage of the ordinance: ecological balance, and industrial expansion shall be considered in the preparation of
such plans.
(1) For highly-urbanized and independent component cities, fifteen
percent (15%); (b) The comprehensive land use plan shall be the primary and dominant basis
for future use of local resources and for reclassification of agricultural lands.
(2) For component cities and first to third class municipalities, ten
percent (10%); and (c) The sangguniang panlalawigan shall review the comprehensive land use
plans and zoning ordinances of component cities and municipalities and shall adopt
(3) For fourth to sixth class municipalities, five percent (5%).
comprehensive provincial land use plan, primarily based on the revised plans.
(b) Agricultural lands distributed to agrarian reform beneficiaries pursuant to
Republic Act No. 6657, otherwise known as the Comprehensive Agrarian Reform Law,
shall not be affected by the reclassification. Conversion of such lands into other ARTICLE 42. Approval of Reclassification. — When approval of an NGA is
purposes shall be governed by Sec. 65 of said law. required for reclassification, such approval shall not be unreasonably withheld. Failure
to act on a proper and complete application for reclassification within three months
(c) The city or municipality shall provide mechanisms for the preservation and
from receipt of the same shall be deemed as approval thereof.
protection of the tenurial rights of agrarian reform beneficiaries as provided under RA
3844, otherwise known as Agricultural Land Reform Code, as amended, and other
applicable laws in the reclassification of agricultural lands not yet distributed under RA
6657.

(d) Nothing in this Rule shall be construed as repealing, amending, or

modifying in any manner the provisions of RA 6657.
RULE VIII

ARTICLE 40. Reclassification in Excess of Percentage Limitation. — The President CLOSURE AND OPENING OF ROADS OR
may, when public interest so requires and upon recommendation of the National
Economic and Development Authority (NEDA), authorize a city or municipality to PARKS
reclassify lands in excess of the percentage limitation set in the immediately preceding
ARTICLE 43. Authority to Close or Open. — An LGU may, through an ordinance,
article. Recommendation of NEDA shall be based on the requirements for food
permanently or temporarily close or open any road, alley, park, or square within its
production, human settlements, ecological considerations, and other relevant factors in
jurisdiction.
the city or municipality.
ARTICLE 44. Permanent Closure. —

(a) No permanent closure of any local road, street, alley, park, or square shall
ARTICLE 41. Comprehensive Land Use Plans. —
be affected unless there exists a compelling reason or sufficient justification therefore
such as, but not limited to, change in land use, establishment of infrastructure facilities, (b) An LGU may temporarily close and regulate the use of any local street,
projects, or such other justifiable reasons as public welfare may require. road, thoroughfare, or public place where shopping malls, Sunday markets, flea or night
markets, or shopping areas may be established and where goods, merchandise,
(b) When necessary, an adequate substitute for the public facility that is subject foodstuff, commodities, or articles of commerce may be sold and dispensed to the
to closure shall be provided. No freedom park shall be closed permanently without general public.
provision for its transfer or relocation to a new site.
(c) No national or local road, alley, park, or square shall be temporarily closed
(c) No such way or place or any part thereof shall be permanently closed for athletic, cultural, or civic activities not officially sponsored, recognized, or approved
without making provisions for the maintenance of public safety therein. by the LGU.

(d) A property permanently withdrawn from public use may be used or

conveyed for any purpose for which other real property belonging to LGU may be
lawfully used or conveyed.

(e) The ordinance authorizing permanent closure must be approved by at least

two-thirds (2/3) of all members of the sanggunian. Public hearings shall first be RULE IX
conducted before any ordinance authorizing permanent closure of any local roads, alley,
park, or square is enacted. Notices of such hearings and copies of the proposed CORPORATE POWERS AND CORPORATE
ordinance shall be posted for a minimum period of three (3) consecutive weeks in
conspicuous places in the provincial capitol, or in the city, municipal, or barangay hall SEAL
of LGU and within the vicinity of the street or park proposed to be closed.

ARTICLE 46. Corporate Powers. — Every LGU, as a corporation, shall exercise

ARTICLE 45. Temporary closure. — the following powers:
(a) Any national or local road, alley, park, or square may be temporarily closed
(a) To have continuous succession in its corporate name;
during actual emergency or fiesta celebrations, public rallies, agricultural or industrial
fairs, or undertaking of public works and highways, telecommunications, and (b) To sue and be sued;
waterworks projects, the duration of which shall be specified by the local chief
(c) To have and use a corporate seal;
executive concerned in a written order, as follows:
(d) To acquire and convey real or personal property;
(1) During fiesta celebrations — for a period not exceeding nine (9)
days; (e) To enter into contracts; and
(2) During agricultural or industrial fairs or expositions — for a period (f) To exercise such other powers as are granted to corporations subject to
as may be determined to be necessary and reasonable; the limitations provided under the Code and other applicable laws.
(3) When public works projects or activities are being undertaken for a
period as may be determined necessary for the safety, security, health, or
welfare of the public or when such closure is necessary to facilitate completion ARTICLE 47. How Exercised. —
of the projects or activities.
 (a) Unless otherwise provided in the Code, no contract may be entered into ARTICLE 50. Monitoring System. — Within thirty (30) days after the approval of
by the local chief executive in behalf of an LGU without prior authorization by the these Rules, the NEDA shall, in coordination with DILG and other NGAs concerned,
sanggunian. A legible copy of such contract shall be posted at a conspicuous place design and formulate a clearing and monitoring system to:
in the provincial capitol, or in the city, municipal, or barangay hall.
(a) Assist LGUs and the granting institutions in the expeditious submission and
(b) LGUs shall enjoy full autonomy in the exercise of their proprietary approval of project proposals, respectively;
functions and in the management of their economic enterprises, subject to the
(b) Assist LGUs and the granting institutions in the monitoring of project status
limitations provided in the Code and other applicable laws.
and progress;
(c) An LGU shall duly register in its name all its acquired real property and (c) Ensure the granting institutions that no project shall be doubly funded by
shall notify the Commission on Audit (COA) of such registration. other institutions; and

(d) Ensure submission of satisfactory project status reports to the granting

institutions in compliance with grant agreements.
ARTICLE 48. Corporate Seal. — LGUs may modify, change, or continue using
their existing corporate seals. Newly established LGUs or those without corporate ARTICLE 51. Directory and Quarterly Information. —
seals may create their own corporate seals in consultation with NHI, and shall
register such seals with DILG. Any change of corporate seal shall also be registered (a) The NEDA shall annually provide a directory of all local and foreign
with DILG. granting institutions which shall contain the thrusts and priorities of such institutions
and guidelines on application for grants as well as other relevant information.

(b) The NEDA and all other NGAs concerned shall provide quarterly
RULE X information to all LGUs on unutilized balances of granting institutions.

AUTHORITY TO NEGOTIATE AND

SECURE GRANTS ARTICLE 52. Report. — The local chief executive shall, within thirty (30) days upon
approval of the grant agreement or deed of donation, report the nature, amount, and
terms of such assistance to both Houses of Congress and the President, through DILG.
ARTICLE 49. Extent of Authority. — Local chief executive may, upon authority of
the sanggunian, negotiate and secure financial grants or donations in kind, in support of
the basic services and facilities enumerated under Rule V of these Rules, from local or
foreign assistance agencies without necessity of securing clearance, or approval
therefore from any NGA or from any higher LGU. In cases where the projects financed
by such grants or assistance affect national security, prior clearance shall be secured by
the LGU from the NGA concerned. If the NGA fails to act on the request for clearance
within thirty (30) days from receipt thereof, such request shall be deemed approved.
 (a) All NGAs shall conduct periodic consultations with appropriate LGUs,
people's organizations, NGOs, and other concerned sectors of the community before
any project or program is implemented in their respective jurisdictions.

(b) NGAs or GOCCs authorizing or involved in planning and implementation

of any project or program that may cause pollution, climatic change, depletion of non-
renewable resources, loss of cropland, rangeland, or forest cover, and extinction of
animal or plant species shall consult with LGUs, NGOs, and other sectors concerned
and explain the goals and objectives of the project or program, its impact upon the
RULE XI 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.

NATIONAL-LOCAL GOVERNMENT
RELATIONS ARTICLE 55. Coordination with LGUs. —

(a) NGAs with project implementation functions shall coordinate with one
another and with LGUs concerned in the discharge of these functions. They shall ensure
ARTICLE 53. National Government Supervision and Coordination. — the participation of LGUs both in the planning and implementation of said national
projects.
(a) The President shall exercise general supervision over LGUs to ensure that
their acts are within the scope of their prescribed powers and functions. (b) NGAs and GOCCs with field units or branches in a province, city, or
municipality shall furnish the local chief executive concerned, for his information and
The President shall exercise supervisory authority directly over provinces, highly-
guidance, monthly reports, including duly certified budgetary allocations and
urbanized cities, and independent component cities; through the province with respect
expenditures.
to component cities and municipalities; and through the city and municipality with
respect to barangays.

In exercising general supervision over LGUs the President shall be assisted primarily by ARTICLE 56. Relationship of Local Chief Executive with National Functionaries
DILG, unless otherwise provided in the Code or elsewhere in these Rules and other Stationed in LGUs. —
applicable laws.
(a) The local chief executives may call upon any national official or employee
(b) The President may, upon request of LGU concerned, direct the appropriate stationed in or assigned to an LGU to advise and regularly report to him on matters
NGA to provide financial, technical, or other forms of assistance to LGU. affecting LGUs and make recommendations thereon; or to coordinate in the formulation
and implementation of all plans,programs, and projects.

(b) When appropriate, the local chief executive may initiate an administrative
ARTICLE 54. Mandatory Consultations. —
or judicial action against any National Government official or employee who may have
committed an offense in the performance of his official duties while stationed or
assigned in the LGU concerned.
 (c) The local chief executive shall inform the NGA concerned if any services
have adverse effects on the lives of the citizen that is foreseen or is being felt and to
INTER-LOCAL GOVERNMENT
submit proposals intended to prevent or mitigate the same preferably before project RELATIONS
implementation.

ARTICLE 59. General Supervision of the Province Over Component Cities and
ARTICLE 57. Relations with the Philippine National Police. — The extent of Municipalities. —
operational supervision and control of local chief executives over the police force, fire
(a) The province, through its governor, shall exercise supervisory authority over
protection unit, and jail management personnel assigned in their respective jurisdiction
component cities and municipalities within its territorial jurisdiction to ensure that
shall be governed by the provisions of RA 6975, otherwise known as The Department
they act within the scope of their prescribed powers and functions. Highly-
of the Interior and Local Government Act of 1990, and the rules and regulations issued
urbanized cities and independent component cities shall be independent of the
pursuant thereto (Annex B).
province.

(b) The scope of supervision by the province over component cities and municipalities
ARTICLE 58. Prior Approval or Clearance on Regular and Recurring shall include,but not limited to, the following:
Transactions. — Six (6) months after the effectivity of the Code, prior approval of or
(1) The governor shall review executive orders issued by the mayor of the
clearance from NGAs shall no longer be required and recurring transactions and
component city or municipality, subject to the concurrence of the sangguniang
activities of LGUs.
panlalawigan, except as otherwise provided under the Constitution and special statutes.
If the governor and the sangguniang panlalawigan fail to act on said executive orders
within thirty (30) days from receipt thereof, the same shall be deemed consistent with
law and therefore valid.

(2) The sangguniang panlalawigan shall review all approved city or municipal
ordinances and resolutions approving the development plans and public investment
programs formulated by the city or municipal development councils.

(3) The sangguniang panlalawigan shall review the ordinance authorizing

annual or supplemental appropriations of component cities and municipalities in the
same manner and within the same period prescribed for the review of other ordinances
of the LGU.

(4) The governor shall visit component cities and municipalities of the province
at least once every six (6) months to fully understand their problems and conditions,
listen and give appropriate counsel to local officials and inhabitants, inform the officials
and inhabitants of component cities and municipalities of general laws and ordinances
RULE XII which especially concern them, and conduct visits and inspections to the end that the
governance of the province shall improve the quality of life of the inhabitants.
 (5) The governor shall coordinate plans, measures, and developmental (1) The city or municipal mayor shall review all executive orders
activities with component cities and municipalities as well as NGAs concerned to: promulgated by the punong barangay within his jurisdiction, subject to the
concurrence of the sangguniang panlungsod or sangguniang bayan, except as
(i) Formulate peace and order plan of the province in coordination otherwise provided under the Constitution and special statutes.
with mayors of component cities and municipalities and the National Police
Commission; (2) The sangguniang panlungsod or sangguniang bayan concerned
shall review all barangay ordinances to determine whether or not such
(ii) Adopt adequate measures to safeguard and conserve land, mineral, ordinances are consistent with law.
marine, forest, and other resources of the province, in coordination with
mayors of component cities and municipalities; (3) The city or municipal mayor shall visit and inspect his barangays at
least once every six (6) months to fully understand the problems and conditions
(iii) Coordinate efforts of component cities and municipalities in the therein, listen and give appropriate counsel to barangay officials and
national or regional palaro or sports development activities; and inhabitants, and inform them of general laws and ordinances which especially
concern them, and conduct visits and inspections to the end that the governance
(iv) Call conventions, conferences, seminars, or meetings of any
of the city or municipality will improve the quality of life of the inhabitants.
elective and appointive officials of the province and component cities and
municipalities. (4) Cities or municipalities shall provide an annual aid of not less than
One Thousand Pesos (P1,000.00) per barangay.
(6) The proceeds of the basic real property tax, including interest thereon, and
proceeds from the use, lease or disposition, sale or redemption of property acquired at a (5) Cities or municipalities shall coordinate with their barangays in the
public auction shall be shared by the province, municipality, and barangay in the adoption of complementary development plans and programs for a more
manner prescribed in Rule XXXI of these Rules. effective solution of problems or concerns affecting the LGU.
(7) The province shall share its collections from the tax on sand, gravel, and (6) The sangguniang panlungsod or the sangguniang bayan shall
other quarry resources with its component city and municipality, and the barangay provide for group insurance or additional insurance coverage for barangay
where said resources are extracted. officials, including members of barangay tanod brigades and other service
units, with public or private insurance companies when finances of the city or
municipality allow said coverage.
ARTICLE 60. General Supervision of Cities and Municipalities Over Barangays.
(7) The proceeds of the basic real property tax, including interest
—
thereon, and proceeds from the use, lease or disposition, sale or redemption of
(a) The city and municipality, through the city and municipal mayor, shall property acquired at public auction by the city or municipality shall be shared
exercise supervisory authority over every barangay in their respective territorial with their barangays in the manner prescribed under these Rules.
jurisdictions to ensure that they act within the scope of their assigned powers and
functions.
ARTICLE 61. Inter-Local Government Loans, Grants, Subsidies and Other
(b) The scope of supervision by the city and municipality over their barangays
Cooperative Undertakings.—
shall include, but not limited to, the following:
 (a) Provinces, cities, and municipalities may, upon approval of a majority of all (5) The loan agreement shall be signed jointly by the local chief
members of the sanggunian concerned and in amounts not exceeding their surplus executives concerned.
funds, extend loans, grants, or subsidies to other LGUs under such terms and conditions
as may be agreed upon by the contracting parties. (6) Within ten (10) days from signing of the loan agreement, the local
chief executives concerned shall formally submit a copy of the approved loan
(b) LGUs may, through appropriate ordinances, group themselves, consolidate agreement to their respective sanggunians.
or coordinate their efforts, sources, and resources for purposes commonly beneficial to
them. In support of such undertakings, LGUs may, upon approval by the sanggunian RULE XIII
concerned after public hearing conducted for the purpose, contribute funds, real estate,
equipment, and other kinds of property and appoint or assign personnel under such LOCAL GOVERNMENT RELATIONS WITH
terms and conditions as may be agreed upon by the participating LGUs through a
Memorandum of Agreement. PEOPLE'S ORGANIZATIONS,
(c) LGUs may, upon approval of their respective sanggunians, jointly or NONGOVERNMENTAL ORGANIZATIONS,
severally contract loans, credits and other forms of indebtedness for purposes mutually
beneficial to them. AND THE PRIVATE SECTOR
(d) The procedures in contracting inter-local government loans, credits and
other forms of indebtedness as well as other cooperative undertakings are as follows:
ARTICLE 62. Role of People's Organizations, Nongovernmental Organizations
(1) The local chief executive, in consultation with the local and the Private Sector.
development council (LDC), shall identify the programs, projects, and
activities that may be considered; — LGUs shall promote the establishment and operation of people's organizations,
NGOs, and the private sector, to make them active partners in the pursuit of local
(2) The local chief executive shall negotiate with the prospective LGU autonomy. For this purpose, people's organizations, NGOs, and the private sector shall
partner or partners on the terms and conditions of the agreement to be be directly involved in the following plans, programs, projects, or activities of LGUs:
embodied in a Memorandum of Agreement.
(a) Local special bodies;
(3) The local chief executives concerned may organize a team to
negotiate the terms and conditions of the joint loan. The final terms and (b) Delivery of basic services and facilities;
conditions shall be subject to the approval of the said local chief executives.
(c) Joint ventures and cooperative programs or undertakings;
(4) The local chief executives concerned shall submit the
(d) Financial and other forms of assistance;
Memorandum of Agreement to their respective sanggunians for approval and
authority to enter into inter-local government cooperative undertaking or joint (e) Preferential treatment for organizations and cooperatives of marginal
loan or credit. In the case of cooperative undertakings, the sanggunian shall fishermen;
conduct as many public hearings as may be required to obtain the views and
opinions of the affected sectors. (f) Preferential treatment for cooperatives development; and
 (g) Financing, construction, maintenance, operation, and management of (3) Municipal school board — the duly elected president of the
infrastructure projects. 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 the public schools in
the municipality;
ARTICLE 63. Local Special Bodies. —
(e) Local Peace and Order Councils — The representatives of people's
(a) Local Development Councils — The duly designated representatives of
organizations or NGOs in the local peace and order councils shall be the same
accredited people's organizations, NGOs, and the private sector operating in the
as those provided under Presidential EO 309, series of 1988, as amended, and
provinces, cities, municipalities, or barangays shall sit as members in the provincial,
the implementing rules and regulations issued pursuant thereto (Annex B).
city, municipal, or barangay development councils, as the case may be. The number of
NGO representatives in each LDC shall not be less than one-fourth (1/4) of the total (f) People's Law Enforcement Boards — The representatives of
membership of the fully organized council. The local chief executive shall undertake people's organizations or NGOs who sit as members of the boards shall be the
the necessary information campaign to ensure participation of all NGOs operating same as those provided under RA 6975, and the rules and regulations issued
within his territorial jurisdiction. pursuant thereto.
(b) Local Prequalification, Bids and Awards Committees — Two (2)
representatives of people's organizations or NGOs that are represented in the LDC
concerned, to be chosen by the organizations themselves, and a practicing certified ARTICLE 64. Procedures and Guidelines for Selection of Representatives of
public accountant from the private sector, to be designated by the local chapter of the People's Organizations,
Philippine Institute of Certified Public Accountant, if any, shall sit as members of the
provincial, city, and municipal prequalification, bids and awards committees (PBACs). Non governmental Organizations, or the Private Sector in Local Special Bodies. —

(c) Local Health Boards — A representative from NGOs or the private sector (a) Call for application — Within thirty (30) days from the approval of these
involved in health services in the province, city, and municipality shall sit as member of Rules and thereafter, within thirty (30) days from the organization of the newly elected
the provincial, city or municipal health boards, respectively. sanggunian, each sanggunian concerned shall call all community-based people's
organizations or NGOs, including business and professional groups, and other similar
(d) Local School Boards — The representatives of NGOs or the private sector aggrupations to apply with the LGU concerned for accreditation for membership in the
who shall sit as members of the local school boards are as follows: local special bodies. The application shall include a duly approved board resolution of
the people's organizations, NGOs or the private sector concerned, certificate of
(1) Provincial school board — the duly elected president of the registration, list of officers, accomplishments, and financial data of the organization;
provincial federation of parent steachers associations, the duly elected
representative of teachers' organizations in the province, and the duly elected (b) Accreditation — The sanggunian concerned shall accredit the
representative of the non-academic personnel of public schools in the province; organizations based on the following criteria:

(2) City school board — the duly elected president of the city (1) Registration with either the Securities and Exchange Commission,
federation of parents-teachers associations, the duly elected representative of Cooperatives Development Authority, Department of Labor and Employment,
teachers' organizations in the city, and the duly elected representative of the Department of Social Welfare and Development, or any recognized NGA that
non-academic personnel of public schools in the city; accredits people's organizations, NGOs, or the private sector. If not formally
registered, the said organizations may be recognized by the sanggunian for
 purposes only of meeting the minimum requirements for membership of such ARTICLE 65. Delivery of Basic Services and Facilities. — LGUs may, by ordinance,
organizations in local special bodies; sell, lease, encumber, or otherwise dispose of public economic enterprises owned by
them in their proprietary capacity to the private sector to ensure their active
(2) Organizational purpose and objectives include community participation in local governance.
organization and development, institution-building, local enterprise
development, livelihood development, capability-building, and similar
developmental objectives and considerations;
ARTICLE 66. Joint Ventures and Cooperative Programs or Undertakings. —
(3) Community-based with project development and implementation LGUs may enter into joint ventures and such other cooperative arrangements with
track record of at least one (1) year; people's organizations, NGOs or the private sector, to engage in the delivery of certain
basic services; capability-building and livelihood projects; develop local enterprises
(4) Reliability as evidenced by the preparation of annual reports and designed to improve productivity and income; diversify agriculture; spur rural
conduct of annual meetings duly certified by the board secretary of the industrialization; promote ecological balance; and enhance the economic and social
organization; and well-being of the people.
(5) In the case of PBACs, the organization or any of its members shall
have no conflict of interest in the awarding of infrastructure or other projects.
ARTICLE 67. Financial and Other Forms of Assistance. — An LGU may, through
(c) Completion of the accreditation process — The sanggunian shall complete the its chief executive and with the concurrence of the sanggunian concerned, provide
accreditation process within sixty (60) days from the promulgation of these Rules or assistance, financial or otherwise, to people's organizations, NGOs, or the private sector
within the same period from the organization of the newly elected sanggunian. for economic, socially-oriented, environmental, or cultural projects to be implemented
within its territorial jurisdiction. An LGU may likewise grant tax exemptions, tax relief
(d) Meeting to choose representatives of people's organizations, NGOs, or the
and other tax incentives to the said organizations as provided in these Rules.
private sector — Within fifteen (15) days after the accreditation process, the DILG
field officer assigned in the LGU shall call all accredited people's organizations, NGOs,
or the private sector to a meeting where these organizations shall choose from among
themselves which people's organizations, NGOs or private sector will be represented in ARTICLE 68. Preferential Treatment for Organizations and Cooperatives of
the local special bodies. The selected people's organizations, NGOs or private sector Marginal Fishermen. —
shall then designate their principal and alternate representatives who are residents of the
LGU concerned. In no case shall an organization or a representative thereof be a (a) The duly registered organizations and cooperatives of marginal fishermen shall
member of more than one local special body within a province, city, or municipality. have preferential right in the grant by the sanggunian to erect fish corrals, oyster,
mussel or aquatic beds or bangus fry areas, within a definite zone of the municipal
(e) Term of office of selected representatives — The term of office of a selected waters.
representative shall be coterminous with that of the local chief executive concerned.
Should a vacancy arise, the selected people's organizations, NGOs, or the private sector (b) The sanggunian may grant the privilege to gather, take or catch bangus fry, prawn
shall designate a replacement for the unexpired term. fry or kawagkawag or fry of other species and fish from the municipal waters by
nets, traps or other fishing gears to marginal fishermen free of any rental, fee,
charge, or any other imposition whatsoever.
ARTICLE 69. Preferential Treatment for Cooperatives. — Upon approval by a
majority vote of all its members, the sangguniang panlungsod or sangguniang bayan
may grant a franchise to any person, partnership, corporation, or cooperative to
establish, construct, operate and maintain ferries, wharves, markets or slaughterhouses,
or such other similar activities within the city or municipality as may be allowed by RULE XIV
applicable laws. Cooperatives shall be given preference in the grant of franchises as
contemplated in this Article.
COMMON PROVISIONS FOR ELECTIVE
LOCAL OFFICIALS
ARTICLE 70. Financing, Construction, Maintenance, Operation, and
Management of Infrastructure ARTICLE 71. Local Officials. — The elective officials of provinces, cities,
municipalities, and barangays are the following:
Projects by the Private Sector. — LGUs may enter into a contract with any duly
prequalified individual contractor for the financing, construction, operation, and Provinces
maintenance of any financially viable infrastructure facilities, under the build-operate-
(a) governor;
and-transfer (B-O-T) agreement, subject to the applicable provisions of RA 6957
(b) vice governor; and
authorizing the financing, construction, operation, and maintenance of infrastructure
(c) members of the sangguniang panlalawigan.
projects by the private sector and the rules and regulations issued thereunder and such
Cities
other terms and conditions as may be agreed upon by the contracting parties.
(a) city mayor;
(b) city vice mayor; and
(c) members of the sangguniang panlungsod.

Municipalities

(a) municipal mayor;

(b) municipal vice mayor; and
(c) members of the sangguniang bayan.

Barangays

(a) punong barangay;

(b) members of the sangguniang barangay; and
(c) members of the sangguniang kabataan.
ARTICLE 72. Qualifications. — All elective local officials shall possess the (a) Those sentenced by final judgment for an offense involving moral turpitude
following qualifications: or for an offense punishable by one (1) year or more imprisonment, within two (2) years
after serving sentence;
(a) A citizen of the Philippines;
(b) Those removed from office as a result of an administrative case;
(b) A registered voter in the province, city, municipality, or barangay where he
intends to be elected or, in the case of a member of the sangguniang panlalawigan, (c) Those convicted by final judgment for violating the oath of allegiance to the
sangguniang panlungsod, or sangguniang bayan, the district where he intends to be Republic of the Philippines;
elected;
(d) Those with dual citizenship;
(c) A resident of the LGU concerned for at least one (1) year immediately
preceding the day of the election; (e) Fugitives from justice in criminal or nonpolitical cases here or abroad.
Fugitive from justice refers to a person who has been convicted by final judgment.
(d) Able to read and write Filipino or any other Philippine language or dialect;
(f) Permanent residents in a foreign country or those who have acquired the
(e) Candidates for the position of governor, vice governor, or member of the right to reside abroad and continue to avail of the same right after the effectivity of the
sangguniang panlalawigan, or city mayor, vice mayor, or member of the sangguniang Code; and
panlungsod of highly urbanized cities must be at least twenty-three (23) years of age on
election day; (g) The insane or the feeble-minded.

(f) Candidates for the position of mayor or vice mayor of independent

component cities, component cities, or municipalities must be at least twenty-one (21)
years of age on election day;
ARTICLE 74. Manner of Election. —
(g) 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; (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
(h) Candidates for the position of punong barangay or member of the
LGUs by the qualified voters therein. The sangguniang kabataan chairman for each
sangguniang barangay must beat least eighteen (18) years of age on election day; and
barangay shall be elected by the registered voters of the katipunan ng kabataan, as
(i) Candidates for the position of member of the sangguniang kabataan must be provided in Rule XXVII of these Rules.
at least fifteen (15) years of age but not more than twenty-one (21) years of age on
(b) The regular members of the sangguniang panlalawigan, sangguniang
election day.
panlungsod, and sangguniang bayan shall be elected by district, as may be provided by
law. Sangguniang barangay members shall be elected at large.

ARTICLE 73. Disqualifications. — The following persons shall be disqualified from

running for any elective local position:
 (c) There shall be one (1) sectoral representative from the women, one (1) from Provinces —
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 (i) governor SG-30
sanggunian concerned within ninety (90) days prior to the holding of the next local
(ii) vice governor SG-28
elections, as may be provided by law. The COMELEC shall promulgate rules and
regulations to effectively provide for the election of such sectoral representatives. (iii) members of the sangguniang panlalawigan SG-27

Cities —

ARTICLE 75. Date of Election. — Unless otherwise provided by law, the elections (i) city mayor SG-30
for local officials shall be held every three (3) years on the second Monday of May
starting on the second Monday of May 1992 except for the barangay officials which (ii) city vice mayor
shall be on the second Monday of May, 1994 and sangguniang kabataan officials which
highly-urbanized cities SG-28
shall be one hundred twenty days (120) after the second Monday of May, 1994.
component cities SG-26

(iii) members of the sangguniang panlungsod,

highly-urbanized cities SG-27

ARTICLE 76. Term of Office. —
component cities SG-25
(a) The term office of all elective local officials shall be three (3) years, starting
from noon of June 30, 1992 or such date as may be provided by law except that of Municipalities —
elective barangay officials, which shall begin after the regular elections for barangay
officials on the second Monday of May, 1994. (i) municipal mayor

(b) No elective local official shall serve for more than three (3) consecutive within MMA SG-28 outside MMA SG-27
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 (ii) municipal vice mayor
for which the elective official concerned was elected.
within MMA SG-26 outside MMA SG-25

(iii) members of the sangguniang bayan

ARTICLE 77. Compensation and Benefits. —
within MMA SG-25
(a) Compensation —
outside MMA SG-24
(1) Upon effectivity of the Code, an elective local official shall receive a
minimum monthly compensation corresponding to the salary grade as prescribed under
RA 6758, otherwise known as the Salary Standardization Law, and the implementing
guidelines issued thereunder, as follows:
 (2) The ex officio members in the sangguniang panlalawigan shall receive their (ii) Be entitled, during their incumbency, to insurance coverage which
authorized salaries and emoluments from the component city or municipality where shall include, but not limited to temporary and permanent disability, double
they are representing their respective ligas or federations. The province shall indemnity, accident insurance, death and burial benefits, in accordance with
appropriate funds for the additional allowances of said members such that their total RA 6942 entitled An Act Increasing the Insurance Benefits of Local
compensation shall be equivalent to the compensation actually received by their elective Government Officials and Providing Funds therefor.
counterparts in the sangguniang panlalawigan.
The Government Service Insurance System shall establish and administer an
(3) Any compensation beyond the minimum of the authorized salary grade appropriate system under which the punong barangay, the members of the sangguniang
shall be determined by the sanggunian concerned provided that the increase in barangay, the barangay secretary, the barangay treasurer, and the members of the
compensation of elective local officials shall take effect only after the terms of office of barangay tanod shall enjoy insurance coverage as provided in the immediately
those approving such increase shall have expired and provided further, that said preceding paragraph. For this purpose, the Government Service Insurance System shall
increase shall not exceed the budgetary limitation on personal services and provided undertake an actual study, issue rules and regulations, determine the premiums payable,
finally, that such compensation shall not be higher than the maximum fixed for their and recommend to the Congress the amount of appropriations needed to support the
positions provided under applicable laws or rules and regulations issued thereunder. system. The amount needed for the implementation of the said insurance system shall
be included in the annual General Appropriations Act.
(4) Notwithstanding the prohibition under the immediately preceding
subparagraph (3), elective local officials may, during their tenure, be allowed to receive (iii) Be entitled to free medical care including subsistence, medicines,
the minimum rate of the salary grade prescribed in this Article. and medical attendance in any government hospital or institution. Hospital care
shall include surgery or surgical expenses, medicines, x-rays, laboratory fees,
(5) Elective barangay officials shall receive honoraria, allowances, and such and other hospital expenses; In case of extreme urgency where there is no
other emoluments as may be authorized by law or city, municipal or barangay available government hospital or institution, the elective barangay official may
ordinance in accordance with the provisions of these Rules, but in no case shall it be submit himself for immediate medical attendance to the nearest private clinic,
less than One Thousand Pesos (P1,000.000) per month for the punong barangay and Six hospital or institution and the expenses not exceeding Five Thousand Pesos
Hundred Pesos (P600.00) per month for the members of the sangguniang barangay, (P5,000.00) that may be incurred therein shall be chargeable against the funds
subject to budgetary limitations prescribed in Rule XXXIV of these Rules. of the barangay concerned;

(iv) Be exempted during their incumbency from paying tuition and

matriculation fees for their legitimate dependent children attending state
(b) Benefits —
colleges or universities. He may likewise avail of such educational benefits in a
(1) Elective local officials shall be entitled to the same leave privileges those state college or university located within the province or city to which the
enjoyed by appointive local officials, including the cumulation and commutation barangay belongs; and
thereof.
(v) Be entitled to appropriate civil service eligibility on the basis of the
(2) Elective barangay officials shall: number of years of service to the barangay, pursuant to the rules and
regulations issued by the CSC.
(i) Be entitled to a Christmas bonus of at least One Thousand Pesos
(P1,000.00) each, the funds for which shall be taken from the general fund of (3) Elective barangay officials shall have preference in appointments
the barangay or from such other funds appropriated by the National to any government position or
Government for the purpose;
 in any GOCC, including its subsidiaries, after their tenure of office, subdivision, agency or instrumentality thereof, including GOCCs, or in any of their
subject to the requisite subsidiaries.

qualifications as CSC may prescribe.

(4) The sangguniang kabataan officials shall have the same privileges ARTICLE 81. Appointment of Candidates Who Lost in an Election. — Except for
enjoyed by other sangguniang barangay officials under the Code, subject to losing candidates in barangay elections, no candidate who lost in any election shall,
such requirements and limitations provided in these Rules. During their within one (1) year after such election, be appointed to any office in the government or
incumbency, sangguniang kabataan officials shall be exempt from payment of any GOCCs or in any of their subsidiaries.
tuition and matriculation fees. The said officials shall enroll in the state college
or university within or nearest their area of jurisdiction to qualify for the
privilege.
ARTICLE 82. Resignation. — (a) Resignations of elective local officials shall be
deemed effective only upon acceptance by the following authorities:

ARTICLE 78. Prohibition Against Withholding of Benefits. — Willful and (1) By the President, in the case of governors and vice governors,
malicious withholding of any of the benefits accorded to barangay officials under this mayors and vice mayors of highly urbanized cities, independent component
Rule shall be punished with suspension or dismissal from office of the official or cities, and municipalities within MMA and other metropolitan political
employee responsible therefore. subdivisions as may be created by law;

ARTICLE 79. Residence and Office. — During their incumbency, (2) By the governor, in the case of municipal mayors, municipal vice
mayors, mayors and vice mayors of component cities;
(a) Governors shall have his official residence in the capital town or capital city of the
province. (3) By the sanggunian concerned, in the case of sangguniang
members; and
(b) All other provincial elective officials shall hold office in the provincial capital
provided that upon resolution of the sangguniang panlalawigan, said officials may hold (4) By the city or municipal mayor, in the case of barangay officials.
office in any component city or municipality within the province for a period of not
(b) The DILG shall be furnished copies of the resignation letters of
more than seven (7) days for any given month.
elective local officials, together with the action taken by the authorities
(c) City and municipal mayors shall hold office in their respective city and municipal concerned.
halls.
(c) The resignation shall be deemed accepted if not acted upon by the
authority concerned within fifteen (15) working days from receipt thereof.

ARTICLE 80. Prohibition on Appointment to Other Public Office. — No elective (d) Irrevocable resignations by sanggunian members shall be deemed
local official shall be eligible for appointment or designation in any capacity to any accepted upon presentation before an open session of the sanggunian
public office or position during his tenure. concerned and duly entered in its records. This provision shall not apply to
sanggunian members who are subject to recall elections or to cases where
Unless otherwise allowed by law or by the primary functions of his position, no elective existing laws prescribe the manner of acting upon such resignations.
local official shall hold any other office or employment in the government or any
 (1) Permanent vacancies not covered by automatic succession — Permanent
vacancies in the sanggunian where automatic successions do not apply shall be
ARTICLE 83. Vacancies and Succession of Elective Local Officials. — filled by appointment in the following manner:
(a) What constitutes permanent vacancy — A permanent vacancy arises when an (i) By the President, through the Executive Secretary, in the case of the
elective local official fills a higher vacant office, refuses to assume office, fails to sangguniang panlalawigan, the sangguniang panlungsod of highly-urbanized
qualify, dies, is removed from office, voluntarily resigns, or is otherwise permanently cities and independent component cities, and the sangguniang bayan of
incapacitated to discharge the functions of his office. municipalities within MMA and other metropolitan political subdivisions as
may be created by law;
(b) Permanent vacancies in the offices of the governor, vice governor, mayor and
vice mayor — (ii) By the governor, in the case of the sangguniang panlungsod of component
cities and the sangguniang bayan;
(1) If a permanent vacancy occurs in the office of the governor or mayor, the
vice governor or vice mayor concerned shall ipso facto become the governor or mayor. (iii) By the city or municipal mayor, in the case of the sangguniang barangay,
If a permanent vacancy occurs in the offices of the governor, vice governor, mayor, or upon the recommendation of the sangguniang barangay concerned.
vice mayor, the highest ranking sanggunian member or, in case of his permanent
inability, the second highest ranking sanggunian member, shall ipso facto 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 (2) Eligible appointee —
members according to their ranking as defined in this Article.
(i) Except for the sangguniang barangay, only the nominee of the political party
(2) Permanent vacancy in the office of the punong barangay — If a under which the sanggunian member concerned has been elected and whose
permanent vacancy occurs in the office of the punong barangay, the highest ranking elevation to the position next higher in rank created the last vacancy in the
sangguniang barangay member or, in case of his permanent inability, the second highest sanggunian shall be appointed in the manner provided in this Article. The
ranking sanggunian member, shall ipso facto become the punong barangay. 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
(3) Resolution of ties — A tie between or among the highest ranking vacant office.
sangguniang members shall be resolved by drawing of lot.
(ii) For appointments made in accordance with the immediately preceding
(4) Term of successors — The successors as defined in this Article shall serve subparagraph (i), the appointing authority shall see to it that a certificate of
only the unexpired terms of their predecessors. membership of the appointee and nomination from the highest official of the
political party concerned are conditions sine qua non, and any appointment
(5) Ranking in the sanggunian for purposes of succession — without such certification and nomination shall be null and void ab initio and
Ranking in the sanggunian shall be determined on the basis of the proportion shall be a ground for administrative action against the official responsible
of votes obtained by each winning candidate to the total number of registered therefore.
voters in each district in the immediately preceding local elections. For this
purpose, the COMELEC shall, within sixty (60) days from the last local
elections, prepare a ranking of sanggunian members.
(3) Permanent vacancy caused by a sanggunian member not
(c) Permanent vacancies in the sanggunian — belonging to any political party. — In case the permanent vacancy is caused
 by a sanggunian member who does not belong to any political party, the local (ii) In the event that the local chief executive concerned fails or refuses to issue
chief executive shall, upon recommendation of the sanggunian concerned, such authorization, the vice governor, the city or municipal vice mayor, as the
appoint a person who possesses all the qualifications and none of the case may be, shall have the right to assume the powers, duties, and functions of
disqualifications for the position, to fill the vacancy. the said office on the fourth (4th) day of absence of the said local chief
executive, subject to the limitations provided in the immediately preceding
(4) Vacancy in the representation of the youth and the liga ng mga barangay in subparagraph (i).
the sanggunian. — In case of vacancy in the representation of the youth and
the liga ng mga barangay in the sanggunian, the vice president or the official (iii) Except as provided in this Article, the local chief executive shall in no case
next-in-rank of the pederasyon ng mga sangguniang kabataan and the local authorize any local official to assume the powers, duties, and functions of the
chapter of the liga ng mga barangay concerned shall automatically fill up said office, other than the vice governor, the city or municipal vice mayor, or the
vacancy. highest ranking sangguniang barangay member, as the case may be.

(d) Temporary vacancy in the office of the local chief executive. —

(1) Temporary incapacity — When the governor, city or municipal mayor, or ARTICLE 84. Leaves of Absence. —
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 (a) Leaves of absence of elective local officials shall be approved as follows:
office, the vice governor, city or municipal vice mayor, or the highest ranking
(1) Leaves of absence of governors and mayors of highly-urbanized
sangguniang barangay member shall automatically exercise the powers and perform the
cities, independent component cities, and municipalities within MMA, shall be
duties and functions of the local chief executive concerned, except the power to appoint,
approved by the President or his duly authorized representative;
suspend, or dismiss employees which can only be exercised if the period of temporary
incapacity exceeds thirty (30) working days. (2) Leaves of absence of vice governors or city or municipal vice
mayors shall be approved by the local chief executive concerned;
(2) Termination of temporary incapacity — Temporary incapacity shall
terminate upon submission to the appropriate sanggunian of a written declaration by the (3) Leaves of absence of the members of the sanggunian and
local chief executive concerned that he has reported back to office. In cases where the appointive employees therein shall be approved by the vice governor or city or
temporary incapacity is due to legal causes, the local chief executive concerned shall municipal vice mayor concerned;
also submit necessary documents showing that said legal causes no longer exist.
(4) Leaves of absence of mayors of component cities or municipalities
(3) Temporary vacancy due to local travel — shall be approved by the governor;

(i) When the incumbent local chief executive is traveling within the country but (5) Leaves of absence of punong barangays shall be approved by the
outside his territorial jurisdiction for a period not exceeding three (3) city or municipal mayor; and
consecutive days, he may designate in writing the officer-in-charge of the
office of the local chief executive. Such authorization shall specify the powers (6) Leaves of absence of sangguniang barangay members shall be
and functions that the local official concerned shall exercise in the absence of approved by the punong barangay.
the local chief executive except the power to appoint, suspend or dismiss
(b) Whenever the application for leave of absence is not acted upon
employees.
within five (5) working days after receipt thereof, such application shall be
deemed approved.
 (v) Appoint all officials and employees whose salaries and wages are
wholly or mainly paid out of provincial funds and whose appointments are not
otherwise provided in the Code, as well as those he may be authorized by law
to appoint;
RULE XV
(vi) Represent the province in all its business transactions and sign in
POWERS, DUTIES, AND FUNCTIONS OF its behalf all bonds, contracts, and obligations, and such other documents upon
LOCAL CHIEF EXECUTIVES authority of the sangguniang panlalawigan or pursuant to law or ordinance;

(vii) Carry out such emergency measures as may be necessary during

and in the aftermath of manmade and natural disasters and calamities;
ARTICLE 85. Powers, Duties, and Functions of the Governor. —
(viii) Determine the time, manner, and place of payment of salaries or
(a) The governor, as the chief executive of the province, shall exercise such powers and wages of the officials and employees of the province, in accordance with law
perform such duties and functions as provided by the Code and other applicable laws. or ordinance;

(b) For efficient, effective and economical governance the purpose of which is the (ix) Allocate and assign office space to provincial and other officials
general welfare of the province and its inhabitants pursuant to Sec. 16 of the Code, the and employees who, by law or ordinance, are entitled to such space in the
governor shall: provincial capitol and other buildings owned or leased by the province;

(1) Exercise general supervision and control over all programs, projects, (x) Ensure that all executive officials and employees of the province
services, and activities of the province, and in this connection, shall: faithfully discharge their duties and functions as provided by law and the Code,
and cause to be instituted administrative or judicial proceedings against any
(i) Determine the guidelines of provincial policies and be responsible
official or employee of the province who may have committed an offense in the
to the sangguniang panlalawigan for the program of government;
performance of his official duties;
(ii) Direct the formulation of the provincial development plan, with the
(xi) Examine the books, records and other documents of all offices,
assistance of the provincial development council, and upon approval thereof by
officials, agents or employees of the province and, in aid of his executive
the sangguniang panlalawigan, implement the same;
powers and authority, require all national officials and employees stationed in
(iii) Present the program of government and propose policies and the province to make available to him such books, records, and other
projects for the consideration of the sangguniang panlalawigan at the opening documents in their custody, except those classified by law as confidential;
of the regular session of the sangguniang panlalawigan every calendar year and
(xii) Furnish copies of executive orders issued by him to the Office of
as often as may be deemed necessary as the general welfare of the inhabitants
the President within seventy two (72) hours after their issuance;
and the needs of the provincial government may require;
(xiii) Visit component cities and municipalities of the province at least
(iv) Initiate and propose legislative measures to the sangguniang
once every six (6) months to deepen his understanding of problems and
panlalawigan, and as often as may be deemed necessary, provide such
conditions, listen and give appropriate counsel to local officials and
information and data needed or requested by said sanggunian in the
inhabitants, inform the officials and inhabitants of component cities and
performance of its legislative functions;
municipalities of general laws and ordinances which especially concern them,
and otherwise conduct visits and inspections to ensure that the governance of (2) Enforce all laws and ordinances relative to the governance of the province
the province will improve the quality of life of the inhabitants; and the exercise of the appropriate corporate powers provided in Rule IX of these
Rules, implement all approved policies, programs, projects, services, and activities of
(xiv) Act on leave applications of officials and employees appointed the province and, in addition to the foregoing, shall: (i) Ensure that the acts of the
by him and the commutation of the monetary value of leave credits in component cities and municipalities of the province and of their officials and employees
accordance with law; are within the scope of their prescribed powers, duties, and functions;
(xv) Authorize official trips of provincial officials and employees (ii) Call conventions, conference, seminars, or meetings of any elective
outside of the province for a period not exceeding thirty (30) days; and appointive officials of the province and its component cities and
municipalities, including national officials and employees stationed in or
(xvi) Call upon any national official or employee stationed in or
assigned to the province, at such time and place and on such subject as he may
assigned to the province to advise him on matters affecting the province and to
deem important for the promotion of the general welfare of the province and its
make recommendations thereon; coordinate with said official or employee in
inhabitants;
the formulation and implementation of plans, programs, and projects; and when
appropriate, initiate an administrative or judicial action against a national (iii) Issue such executive orders for the faithful and appropriate
government official or employee who may have committed an offense in the enforcement and execution of laws and ordinances;
performance of his official duties while stationed in or assigned to the
province; (iv) Be entitled to carry the necessary firearm within his territorial
jurisdiction;
(xvii) Authorize payment for medical care, necessary transportation,
subsistence, hospital or medical fees of provincial officials and employees who (v) In coordination with the mayors of component cities and
are injured while in the performance of their official duties and functions, municipalities and the National Police Commission, formulate the peace and
subject to availability of funds, order plan of the province and upon its approval, implement the same in
accordance with RA 6975; and
(xviii) Represent the province in inter-provincial or regional sports
councils or committees, and coordinate the efforts of component cities or (vi) Call upon the appropriate national law enforcement agencies to
municipalities in the national or regional palaro or sports development suppress disorder, riot, lawless violence, rebellion, or sedition or to apprehend
activities; violators of the law when public interest so requires, and the police forces of
the component city or municipality where the disorder or violation is
(xix) Conduct an annual palarong panlalawigan, which shall feature happening are inadequate to cope with the situation or the violators;
traditional sports and disciplines included in national and international games,
in coordination with the Department of Education, Culture and Sports; and (3) Initiate and maximize the generation of resources and revenues, and apply
the same to the implementation of development plans, program objectives and
(xx) Submit to the Office of the President the following reports: an priorities as provided in Rule XXX of these Rules, particularly those resources and
annual report containing a summary of all matters pertinent to the management, revenues programmed for agro-industrial development and countrywide growth and
administration and development of the province and all information and data progress and, relative thereto, shall:
relative to its political, social and economic conditions; and supplemental
reports when unexpected events and situations arise at any time during the (i) Require each head of an officer or department to prepare and submit
year, particularly when man-made or natural disasters or calamities affect the an estimate or appropriations for the ensuing calendar year, in accordance with
general welfare of the province, region, or country; the budget preparation process in Rule XXXIV of these Rules;
 (ii) Prepare and submit to the sanggunian for approval the executive
and supplemental budgets of the province for the ensuing calendar year in the
manner provided in Rule XXXIV of these Rules; ARTICLE 86. Powers, Duties, and Functions of the City Mayor. —

(iii) Ensure that all taxes and other revenues of the province are (a) The city mayor, as chief executive of the city, shall exercise such powers and
collected, and that provincial funds are applied to the payment of expenses and perform such duties and functions as provided by the Code and other applicable laws.
settlement of obligations of the province, in accordance with law or ordinance;
(b) For efficient, effective and economical governance the purpose of which is the
(iv) Issue licenses and permits and suspend or revoke the same for any general welfare of the city and its inhabitants pursuant to Sec. 16 of the Code, the city
violation of the conditions upon which said licenses or permits had been issued, mayor shall:
pursuant to law or ordinance;
(1) Exercise general supervision and control over all programs, projects,
(v) Adopt adequate measures to safeguard and conserve land, mineral, services, and activities of the city, and this connection, shall:
marine, forest and other resources of the province, in coordination with the
(i) Determine the guidelines of city policies and be responsible to the
mayors of component cities and municipalities; provide efficient and effective
sangguniang panlungsod for the program of government;
property and supply management in the province; and protect the funds,
credits, rights, and other properties of the province; and (ii) Direct the formulation of the city development plan, with the
assistance of the city development council, and upon approval thereof by the
(vi) Institute or cause to be instituted administrative or judicial
sangguniang panlungsod, implement the same;
proceedings for violation of ordinances in the collection of taxes, fees or
charges, and for the recovery of funds and property; and cause the province to (iii) Present the program of government and propose policies and
be defended against all suits to ensure that its interests, resources and rights projects for the consideration of the sangguniang panlungsod at the opening of
shall be adequately protected. the regular session of the sangguniang panlungsod every calendar year and as
often as the general welfare of the inhabitants and the needs to the city
(4) Ensure the delivery of basic services and the provision of adequate facilities
as provided in Rule V of these Rules, and in addition thereto, shall: may require;

(i) Ensure that the construction and repair of roads and highways (iv) Initiate and propose legislative measures to the sangguniang
funded by the National Government shall, as far as practicable, be carried out panlungsod and as often as may be deemed necessary, provide such
in a spatially contiguous manner and in coordination with the construction and information and data needed or requested by said sanggunian in the
repair of the roads and bridges of the province and of its component cities and performance of its legislative functions;
municipalities; and,
(v) Appoint all officials and employees whose salaries and wages are
(ii) Coordinate the implementation of technical services by national wholly or mainly paid out of city funds as whose appointments are not
offices for the province and its component cities and municipalities, including otherwise provided under the Code, as well as those he may be authorized by
public works and infrastructure programs of the provincial government and its law to appoint;
component cities and municipalities.
(vi) Represent the city in all its business transactions and sign in its
(5) Exercise such other powers and perform such other duties and functions as behalf all bonds, contracts, and obligations, and such other documents upon
may be prescribed by law or ordinance. authority of the sangguniang panlungsod or pursuant to law or ordinance;
 (vii) Carry out such emergency as may be necessary during and in the (xv) Authorize official trips of city officials and employees outside of
aftermath of man-made and natural disasters or calamities; the city for a period not exceeding thirty (30) days;

(viii) Determine the time, manner, and place of payment of salaries or (xvi) Call upon any national official or employee stationed in or
wages of the officials and employees of the city, in accordance with law or assigned to the city to advise him on matters affecting the city and to make
ordinance; recommendations thereon; coordinate with said official or employee in the
formulation and implementation of plans, programs and projects; and, when
(ix) Allocate and assign office space to city and other officials and appropriate, initiate an administrative or judicial action against a National
employees who, by law or ordinance, are entitled to such space in the city hall Government official or employee who may have committed an offense in the
and other buildings owned or leased by the city; performance of his official duties whilestationed in or assigned to the city;
(x) Ensure that all executive officials and employees of the city (xvii) Authorize payment for medical care, necessary transportation,
faithfully discharge their duties and functions as provided by law and the Code, subsistence, hospital, or medical fees of city officials and employees who are
and cause to be instituted administrative or judicial proceedings against any injured while in the performance of their official duties and functions, subject
official or employee of the city who may have committed an offense in the to availability of funds;
performance of his official duties;
(xviii) Solemnize marriages, any provision of law to the contrary
(xi) Examine the books, records and other documents of all offices, notwithstanding;
officials, agents, or employees of the city and, in aid of his executive powers
and authority, require all national officials and employees stationed in or (xix) Conduct an annual palarong panlungsod, which shall feature
assigned to the city to make available to him such books, records, and other traditional sports and disciplines included in national and international games,
documents in their custody, except those classified by law as confidential; in coordination with the Department of Education, Culture and Sports; and

(xii) Furnish copies of executive orders issued by him, to the governor (xx) Submit to the governor, in the case of component cities; to the
in the case of component city mayors, to the Office of the President in the case Office of the President, in the case of highly-urbanized cities; to the
of highly-urbanized city mayors, and to their respective metropolitan council Metropolitan Manila Council chairman and to the Office of the President, in
chairmen in the case of mayors of cities within MMA and other metropolitan the case of cities of the MMA and other metropolitan political subdivisions as
political subdivisions as may be created by law, within seventy-two (72) hours may be created by law, the following reports: an annual report containing a
after their issuance; summary of all matters pertinent to the management, administration and
development of the city and all information and data relative to its political,
(xiii) Visit barangays of the city at least once every six (6) months to social and economic conditions; and supplemental reports when unexpected
deepen his understanding of problems and conditions, listen and give events and situations arise at any time during the year, particularly when
appropriate counsel to local officials and inhabitants, inform the barangay unexpected events and situations arise at any time during the year, particularly
officials and inhabitants of general laws and ordinances which especially when man-made or natural disasters or calamities affect the general welfare of
concern them, and otherwise conduct visits and inspections to ensure that the the country, region, province, or city.
governance of the city will improve the quality of life of the inhabitants;
(2) Enforce all laws and ordinances relative to the governance of the city and in
(xiv) Act on leave applications of officials and employees appointed the exercise of the appropriate corporate powers provided in Rule IX of these Rules,
by him and the commutation of the monetary value of their leave credits in implement all approved policies,
accordance with law;
programs, projects, services, and activities of the city and, in addition thereto, shall: (ii) Prepare and submit to the sanggunian for approval the executive and
supplemental budgets of the city for the ensuing calendar year in the manner provided
(i) Ensure that the acts of the city's barangays and of their officials and for under Rule XXXIV of these Rules;
employees are within the scope of their prescribed powers, duties, and functions;
(iii) Ensure that all taxes and other revenues of the city are collected, and that
(ii) Call conventions, conferences, seminars, or meetings of any elective and city funds are applied to the payment of expenses and settlement of obligations of the
appointive officials of the city, including provincial officials and national officials and city, in accordance with law or ordinance;
employees stationed in or assigned to the city, at such time and place and on such
subject as he may deem important for the promotion of the general welfare of LGU and (iv) Issue licenses and permits and suspend or revoke the same for any
its inhabitants; violation of the conditions upon which said licenses or permits had been issued,
pursuant to law or ordinance;
(iii) Issue such executive orders for the faithful and appropriate enforcement
and execution of laws and ordinances; (v) Issue permits, without need of approval therefore from any national agency,
for the holding of activities for any charitable or welfare purpose, excluding prohibited
(iv) Be entitled to carry the necessary firearm within his territorial jurisdiction; games of chance or shows contrary to law, public policy and public morals;
(v) Act as the deputized representative of the National Police Commission, (vi) Require owners of illegally constructed houses, buildings, or other
formulate the peace and order plan of the city and upon its approval, implement the structures to obtain the necessary permit, subject to such fines and penalties as may be
same; and as such representative, exercise general and operational control and imposed by law or ordinance, or to make necessary changes in the construction of the
supervision over the local police forces in the city, in accordance with RA 6975; and same when said construction violates any law or ordinance, or to order the demolition
or removal of said house, building, or structure within the period prescribed by law or
(vi) Call upon the appropriate law enforcement agencies to suppress disorder,
ordinance;
riot, lawless violence, rebellion, or sedition, or to apprehend violators of the law when
public interest so requires and the city police forces are inadequate to cope with the (vii) Adopt adequate measures to safeguard and conserve land, mineral,
situation or the violators. marine, forest, and other resources of the city; provide efficient and effective property
and supply management in the city; and protect the funds, credits, rights, and other
property of the city; and
(3) Initiate and maximize the generation of resources and revenues, and apply
(viii) Institute or cause to be instituted administrative or judicial proceedings
the same to the implementation of development plans, program objectives and priorities
for violation of ordinances in the collection of taxes, fees, or charges, and for the
as provided in Sec. 18 of the Code, particularly those resources and revenues
recovery of funds and property; and to cause the city to be defended against all suits to
programmed for agro-industrial development countryside growth and progress and,
ensure that its interests, resources, and rights shall be adequately protected.
relative thereto, shall:

(i) Require each head of an office or department to prepare and submit an

estimate of appropriations for the ensuing calendar year, in accordance with the budget (4) Ensure the delivery of basic services and the provision of adequate facilities
preparations process under Rule XXXIV of these Rules; as provided in Rule V of these Rules, in addition thereto, shall:

(i) Ensure that the construction and repair of roads and highways funded by the
National Government shall, as far as practicable, be carried out in a spatially contiguous
manner and in coordination with the construction and repair of the roads and bridges of general welfare of the inhabitants and the needs of the municipal government may
the city, and in the case of component cities, of the city and of the province; and require;

(ii) Coordinate the implementation of technical services, including public (iv) Initiate and propose legislative measures to the sangguniang bayan and,
works and infrastructure programs, rendered by NGAs in the case of highly urbanized from time to time as the situation may require, provide such information and data
and independent component cities, and by national and provincial offices in the case of needed or requested by said sanggunian in the performance of its legislative functions;
component cities.
(v) Appoint all officials and employees whose salaries and wages are wholly or
mainly paid out of municipal funds and whose appointments are not otherwise provided
for in the Code, as well as those he may be authorized by law to appoint;
(5) Exercise such other powers and perform such other duties and functions as
may be prescribed by law or ordinance. (vi) Upon authorization by the sangguniang bayan, represent the municipality
in all its business transactions and sign on its behalf all bonds, contracts, and
obligations, and such other documents made pursuant to law or ordinance;
ARTICLE 87. Powers, Duties, and Functions of the Municipal Mayor. — (vii) Carry out such emergency measures as may be necessary during and if the
aftermath of manmade and natural disasters and calamities;
(a) The municipal mayor, as the chief executive of the municipal government,
shall exercise such powers and perform such duties and functions as provided by the (viii) Determine, according to law or ordinance, the time, manner and place of
Code and other applicable laws. payment of salaries or wages of the officials and employees of the municipality;
(b) For efficient, effective and economical governance the purpose of which is (ix) Allocate and assign office space to municipal and other officials and
the general welfare of the municipality and its inhabitants pursuant to Sec. 16 of the employees who, by law or ordinance, are entitled to such space in the municipal hall
Code, the municipal mayor shall: and other buildings owned or leased by the municipality;

(x) Ensure that all executive officials and employees of the municipality
faithfully discharge their duties and functions as provided by law and the Code, and
(1) Exercise general supervision and control over all programs, projects, services, and
cause to be instituted administrative or judicial proceedings against any official or
activities of the municipality, and in this connection, shall:
employee of the municipality who may have committed an offense in the performance
(i) Determine the guidelines of municipal policies and be responsible to the of his official duties;
sangguniang bayan for the program of government;
(xi) Examine the books, records and other documents of all offices, officials,
(ii) Direct the formulation of the municipal development plan, with the agents employees of the municipality and in aid of his executive powers and authority,
assistance of the municipal development council, and upon approval thereof by the require all national officials and employees stationed in or assigned to the municipality
sangguniang bayan, implement the same; to make available to him such books, records, and other documents in their custody,
except those classified by law as confidential;
(iii) At the opening of the regular session of the sangguniang bayan for every
calendar year and, as may be deemed necessary, present the program of government and (xii) Furnish copies of executive orders issued by him to the governor within
propose policies and projects for the consideration of the sangguniang bayan as the seventy-two (72) hours after their issuance provided that municipalities of MMA and
that of any metropolitan political subdivision, as may be created by law, shall furnish
copies of said executive orders to the metropolitan authority council chairman and to situations arise at any time during the year, particularly when man-made or natural
the Office of the President; disasters or calamities affect the general welfare of the municipality, province, region or
country. Mayors of municipalities of the MMA and other metropolitan political
(xiii) Visit barangays of the municipality at least once every six (6) months to subdivisions, as may be created by law, shall submit said reports to their respective
deepen his understanding of problems and conditions therein, listen and give metropolitan council chairmen and to the Office of the President.
appropriate counsel to local officials and inhabitants, inform the barangay officials and
inhabitants of general laws and ordinances which especially concern them, and
otherwise conduct visits and inspections to the end that the governance of the
municipality will improve the quality of the life of the inhabitants; (2) Enforce all laws and ordinances relative to the governance of the municipality and
the exercise of its corporate powers provided in Rule IX of these Rules, implement all
(xiv) Act on leave applications of officials and employees appointed by him approved policies, programs, projects, services and activities of the municipality and, in
and the commutation of the monetary value of leave credits according law; addition, shall:

(xv) Authorize official trips outside of the municipality of municipal officials (i) Ensure that the acts of the municipality's barangays and of their officials and
and employees for a period not exceeding thirty (30) days; employees are within the scope of their prescribed powers, functions, duties and
responsibilities;
(xvi) Call upon any national official or employee stationed in or assigned to the
municipality to advise him on matters affecting the municipality and to make (ii) Call conventions, conferences, seminars or meetings of any elective and
recommendations thereon, or to coordinate in the formulation and implementation of appointive officials of the municipality, including provincial officials and national
plans, programs and projects, and when appropriate, initiate an administrative or officials and employees stationed in or assigned to the municipality at such time and
judicial action against national government official or employee who may have place and on such subject as he may deem important for the promotion of the general
committed an offense in the performance of his official duties while stationed in or welfare of the municipality and its inhabitants;
assigned to the municipality concerned;
(iii) Issue such executive orders as are necessary for the proper enforcement
(xvii) Subject to availability of funds, authorize payment of medical care, and execution of laws and ordinances;
necessary transportation, subsistence, hospital or medical fees of municipal officials and
employees who are injured while in the performance of their official duties and (iv) Be entitled to carry the necessary firearm within his territorial jurisdiction;
functions;
(v) Act as the deputized representative of the National Police Commission,
(xviii) Solemnize marriages, any provision of law to the contrary formulate the peace and order plan of the municipality and upon its approval,
notwithstanding; implement the same and exercise general and operational control and supervision over
the local police forces in the municipality in accordance with RA 6975;
(xix) Conduct a palarong bayan, in coordination with the Department of
Education, Culture and Sports, as annual activity which shall feature traditional sports (vi) Call upon the appropriate law enforcement agencies to suppress disorder,
and disciplines included in national and international games; and riot, lawless violence, rebellion or sedition or to apprehend violators of the law when
public interest so requires, and the municipal police forces are inadequate to cope with
(xx) Submit to the provincial governor the following reports: an annual report the situation or the violators.
containing a summary of all matters pertaining to the management, administration and
development of the municipality and all information and data relative to its political,
social and economic conditions; and supplemental reports when unexpected events and
(3) Initiate and maximize the generation of resources and revenues, and apply the same recovery of funds and property; and cause the municipality to be defended against all
to the implementation of development plans, program objectives and priorities as suits to ensure that its interests, resources and rights shall be adequately protected.
provided under these Rules, particularly those resources and revenues programmed for
agro-industrial development and countrywide growth and progress, and relative thereto,
shall:
(4) Ensure the delivery of basic services and the provision of adequate facilities as
(i) Require each head of an office or department to prepare and submit an provided in Rule V of these Rules and, in addition thereto, shall:
estimate of appropriations for the ensuing calendar year, in accordance with the budget
(i) Ensure that the construction and repair of roads and highways funded by the
preparation process in Rule XXXIV of these Rules;
National Government shall, as far as practicable, be carried out in a spatially contiguous
(ii) Prepare and submit to the sanggunian for approval the executive and manner and in coordination with the construction and repair of the roads and bridges of
supplemental budgets of the municipality for the ensuing calendar year in the manner the municipality and the province; and
provided in Rule XXXIV of these Rules;
(ii) Coordinate the implementation of technical services rendered by national
(iii) Ensure that all taxes and other revenues of the municipality are collected, and provincial offices, including the public works and infrastructure programs in the
and that municipal funds are applied in accordance with law or ordinance to the municipality.
payment of expenses and settlement of obligations of the municipality;

(iv) Issue licenses and permits and suspend or revoke the same for any
(5) Exercise such other powers and perform such other duties and functions as may be
violation of the conditions upon which said licenses or permits had been issued,
prescribed by law or ordinance.
pursuant to law or ordinance;

(v) Issue permits, without need of approval therefore from any NGA, for the
holding of activities for any charitable or welfare purpose, excluding prohibited games
of chance or shows contrary to law, public policy and public morals;
ARTICLE 88. Powers, Duties, and Functions of the Punong Barangay. —
(vi) Require owners of illegally constructed houses, buildings, or other
structures to obtain the necessary permit, subject to such fines and penalties as may be (a) The punong barangay, as the chief executive of the barangay, shall exercise
imposed by law or ordinance, or to make necessary changes in the construction of the such powers and perform such duties and functions, as provided by the Code and other
same when said construction violates any law or ordinance, or to order the demolition laws.
or removal of said house, building, or structure within the period prescribed by law or
(b) For efficient, effective and economical governance, the purpose of which is
ordinance;
the general welfare of the barangay and its inhabitants pursuant to Sec. 16 of the Code,
(vii) Adopt adequate measures to safeguard and conserve land, mineral, the punong barangay shall:
marine, forest, and other resources of the municipality; provide efficient and effective
(1) Enforce all laws and ordinances which are applicable within the
supply and property management in the municipality; and protect the funds, credits,
barangay;
rights and other properties of the municipality; and
(2) Negotiate, enter into, and sign contracts for and in behalf of the
(viii) Institute or cause to be instituted administrative or judicial proceedings
barangay, upon authorization of the sangguniang barangay;
for violation of ordinances in the collection of taxes, fees or charges, and for the
 (3) Maintain public order in the barangay and, in pursuance thereof, (c) In the performance of his peace and order functions, the punong barangay
assist the city or municipal mayor and the sanggunian members in the shall be entitled to possess and carry the necessary firearm within his territorial
performance of their duties and functions; jurisdiction, subject to appropriate rules and regulations.

(4) Call and preside over the sessions of the sangguniang barangay and
the barangay assembly, and vote only to break a tie;

(5) Upon approval by a majority of all the members of the

sangguniang barangay, appoint or replace the barangay treasurer, the barangay
secretary, and other appointive barangay officials; RULE XVI
(6) Organize and lead an emergency group whenever the same may be
necessary for the maintenance of peace and order or on occasions of POWERS, DUTIES, AND FUNCTIONS OF
emergency or calamity within the barangay; VICE GOVERNORS, CITY AND MUNICIPAL
(7) In coordination with the barangay development council, prepare VICE MAYORS
the annual executive and supplemental budgets of the barangay;

(8) Approve vouchers relating to the disbursement of barangay funds; ARTICLE 89. Powers, Duties, and Functions of the Vice Governor. — The vice
governor shall:
(9) Enforce laws and regulations relating to pollution control and
protection of the environment; (a) Be the presiding officer of the sangguniang panlalawigan and sign all
warrants drawn on the provincial treasury for all expenditures appropriated for the
(10) Administer the operation of the katarungang pambarangay in operation of the sangguniang panlalawigan;
accordance with the provisions of the Code;
(b) Appoint all officials and employees of the sangguniang panlalawigan,
(11) Exercise general supervision over the activities of the except those whose manner of appointment is specifically provided under these Rules,
sangguniang kabataan; subject to civil service law, rules and regulations;

(12) Ensure the delivery of basic services as mandated in Rule V of (c) Assume the office of the governor for the unexpired term of the latter in the
these Rules; event of permanent vacancy as provided under these Rules; and

(13) Conduct an annual palarong barangay which shall feature (d) Exercise the powers and perform the duties and functions of the governor in
traditional sports and disciplines included in national and international games, cases of temporary vacancy as provided under these Rules.
in coordination with the Department of Education, Culture and Sports;
ARTICLE 90. Powers, Duties, and Functions of the City Vice Mayor. — The city
(14) Promote the general welfare of the barangay; and vice mayor shall:

(15) Exercise such other powers and perform such other duties and (a) Be the presiding officer of the sangguniang panlungsod and sign all
functions as may be prescribed by law of ordinance. warrants drawn on the city treasury for all expenditures appropriated for the operation
of the sangguniang bayan;
 (b) Appoint all officials and employees of the sangguniang bayan, except those (b) Sangguniang panlungsod for the city;
whose manner of appointment is specifically provided under these Rules, subject to (c) Sangguniang bayan for the municipality; and
civil service law, rules and regulations; (d) Sangguniang barangay for the barangay.

(c) Assume the office of the city mayor for the unexpired term of the latter in
the event of permanent vacancy as provided under these Rules. ARTICLE 93. Composition. —

(a) Sangguniang panlalawigan —

ARTICLE 91. Powers, Duties, and Functions of the Municipal Vice Mayor. — The (1) The sangguniang panlalawigan shall be composed of the vice governor as
municipal vice mayor shall: the presiding officer, the regular sangguniang members, the president of the provincial
chapter of the liga ng mga barangay, the president of the panlalawigang pederasyon ng
(a) Be the presiding officer of the sangguniang bayan and sign all warrants mga sangguniang kabataan, the president of the provincial federation of sanggunian
drawn on the municipal treasury for all expenditures appropriated for the operation of members of municipalities and component cities, and the sectoral representatives, as
the sangguniang bayan; members.
(b) Appoint all officials and employees of the sangguniang bayan, except those (2) There shall be one (1) sectoral representative from the women, one (1) from
whose manner of appointment is specifically provided under these Rules, subject to the workers, and one (1) from any of the following sectors: the urban poor, indigenous
civil service law, rules and regulations; 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
(c) Assume the office of the municipal mayor for the unexpired term of the
elections, as may be provided by law.
latter in the event of permanent vacancy as provided under these Rules; and

(d) Exercise the powers and perform the duties and functions of the municipal
mayor in cases of temporary vacancy as provided under these Rules. (b) Sangguniang panlungsod —

(1) The sangguniang panlungsod shall be composed of the city vice mayor as
the presiding officer, the regular sangguniang members, the president of the city chapter
of the liga ng mga barangay, the president of the panlungsod na pederasyon ng mga
RULE XVII sangguniang kabataan, and the sectoral representatives, as members.

LOCAL LEGISLATIVE BODIES AND (2) 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
LOCAL LEGISLATION 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 by law.
ARTICLE 92. Local Legislative Bodies. — Local legislative power shall be exercised
by the following legislative bodies of the LGUs:
(c) Sangguniang bayan —
(a) Sangguniang panlalawigan for the province;
 (1) The sangguniang bayan shall be composed of the municipal vice mayor as (3) First and second class provinces shall each have ten (10) elective members;
presiding officer, the regular sanggunian members, the president of the municipal third and fourth class provinces, eight (8); and fifth and sixth class provinces, six (6) to
chapter of the liga ng mga barangay, the president of the pambayang pederasyon ng be elected at large by the qualified voters therein.
mga sangguniang kabataan, and the sectoral representatives, as members.

(2) 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 (b) Sangguniang panlungsod —
cultural communities, disabled persons, or any other sector as may be determined by the
(1) For purposes of the regular elections on May 11, 1992, elective members of
sanggunian concerned within ninety (90) days prior to the holding of the next local
the sangguniang panlungsod shall be elected at large in accordance with existing laws.
elections, as may be provided by law.
Beginning with the regular elections in 1995, said members shall be elected by district.

(2) The number and election of elective members of the sangguniang

(d) Sangguniang barangay — The sangguniang barangay shall be composed of the panlungsod in the MMA, City of Cebu, City of Davao and any other city with two (2)
punong barangay as presiding officer, and the seven (7) regular sangguniang barangay or more legislative districts shall continue to be governed by the provisions of Sections
members elected at large, and sangguniang kabataan chairman, as members. 2 and 3 of RA 6636, as amended, to wit:
ARTICLE 94. Manner of Election and Number of Elective Sanggunian Members.
"Sec. 2. Metro Manila Area. — . . . the City of Manila, Quezon City and the City of
— Caloocan shall have six (6) councilors for each of their representative districts who shall be residents
thereof to be elected by the qualified voters therein. The City of Pasay ... which comprises a
representative district,shall have twelve (12) councilors ... to be elected at large by the qualified
(a) Sangguniang panlalawigan — voters of the said city . . ."

(1) For provinces with two (2) or more legislative districts, the elective "Sec. 3. Other Cities. — . . . The City of Cebu, City of Davao, and any other city with more
members of the sangguniang panlalawigan shall be elected by legislative districts. For than one representative district shall have eight (8) councilors for each district who shall be residents
thereof to be elected by the qualified voters therein, provided that the cities of Cagayan de Oro,
this purpose, they shall be apportioned equitably provided that if equal division is not
Zamboanga, Bacolod, Iloilo and other cities comprising a representative district shall have twelve
possible, the remaining member or members shall be elected in the district or districts (12) councillors each and all other cities shall have ten (10) councilors each to be elected at large by
with the greater number of population or, if they be the same, with the greater number the qualified voters of the said cities provided that in no case shall the present number of councilors
of voters; and provided further, that if a legislative district comprises an independent according to their charters be reduced."
component city such that an equal distribution of sanggunian members does not result
in equitable apportionment on the basis of population of the province, the COMELEC
shall allocate the number among the districts in proportion to the population or (c) Sangguniang bayan —
constituencies voting for the members of the sangguniang panlalawigan.
(1) For purposes of the regular elections on May 11, 1992, elective members of
(2) For provinces with only one (1) representative district, the COMELEC shall
the sangguniang bayan shall be elected at large in accordance with RA 6636. Beginning
divide the members into to (2) districts for purposes of provincial representation as
with the regular elections in 1995, they shall be elected by district.
nearly as practicable according to the number of inhabitants. Each district comprising a
compact, contiguous and adjacent territory, and the number of elective members of their (2) The number and election of elective members of the sangguniang bayan of
respective sanggunians shall be equitably apportioned between the districts in the municipalities in the MMA shall be governed by the provisions of Sec. 2 of RA
accordance with the standard or formula provided in the immediately preceding 6636, as amended, to wit:
subparagraph (1).
 "Sec. 2. Metro Manila Area. — . . . The municipalities of Makati, Parañaque, Pasig, of the corporate powers of the province as provided in Rule IX of these Rules, and
Marikina, and Valenzuela, each of which comprises a representative district, shall have twelve (12) shall:
councilors each to be elected at large by the qualified voters of the said . . . municipalities. All the
other municipalities within the Metropolitan Manila Area shall have ten (10) councilors each, with the (1) Approve ordinances and pass resolutions necessary for an efficient and
exception of the municipality of Pateros which shall have eight (8) councilors, to be elected at large
effective provincial government and shall:
by their respective qualified voters."
(i) Review all ordinances approved by the sanggunians of component
(3) All municipalities shall have eight members to be elected at large by the
cities and municipalities and executive orders issued by the mayors of said
qualified voters therein.
component units to determine whether these are within the scope of the
prescribed powers of the sanggunian and of the mayor;

(d) Sangguniang barangay — (ii) Maintain peace and order by enacting measures to prevent and
suppress lawlessness, disorder, riot, violence, rebellion, or sedition and impose
(1) The sangguniang barangay members shall be elected at large in their penalties for the violation of said ordinances;
respective barangays by the qualified voters therein.
(iii) Approve ordinances imposing imprisonment not exceeding one
(2) The sangguniang kabataan chairman for each barangay shall be elected by (1) year or a fine not exceeding Five Thousand Pesos (P5,000.00) or both
the registered voters of the katipunan ng kabataan, as provided in Rule XXVII of these imprisonment and fine at the discretion of the court, for violation of a
Rules. provincial ordinance;

(iv) Adopt measures to protect the inhabitants of the province from the
harmful effects of man-made or natural disasters and calamities, and to
ARTICLE 95. Manner of Election of Sectoral Representatives in the Sanggunian.
provide relief services and assistance for victims during and in the aftermath of
— The COMELEC shall promulgate rules and regulations to effectively provide for the
said disasters and calamities and their return to productive livelihood following
election of sectoral representatives in the sangguniang panlalawigan, sangguniang
said events;
panlungsod, and sangguniang bayan.
(v) Enact ordinances intended to prevent, suppress and impose
appropriate penalties for habitual drunkenness in public places, vagrancy,
ARTICLE 96. Term of Office. — The term of office of sanggunian members is mendicancy, prostitution, establishment and maintenance of houses of ill
provided under Rule XIV of these Rules. repute, gambling and other prohibited games of chance, fraudulent devices and
ways to obtain money or property, drug addiction, maintenance of drug dens,
drug pushing, juvenile delinquency, the printing, distribution or exhibition of
ARTICLE 97. Compensation and Other Benefits. — Compensation and other obscene or pornographic materials or publications, and such other activities
benefits of sanggunian members are provided in Rule XIV of these Rules. inimical to the welfare and morals of the inhabitants of the province;
ARTICLE 98. Powers, Duties, and Functions of the Sangguniang Panlalawigan. —
(vi) Protect the environment and impose appropriate penalties for acts
(a) The sangguniang panlalawigan, as the legislative body of the province, shall enact which endanger the environment, such as dynamite fishing and other forms of
ordinances, approve resolutions and appropriate funds for the general welfare of the destructive fishing, illegal logging and smuggling of logs, smuggling of natural
province and its inhabitants pursuant to Sec. 16 of the Code and in the proper exercise resources products and of endangered species of flora and fauna, slash and burn
 farming, and such other activities which result in pollution, acceleration of (ii) Subject to the provisions of Book II of the Code and applicable
eutrophication of rivers and lakes, or of ecological imbalance; laws and upon the majority vote of the members of the sangguniang
panlalawigan, enact ordinances levying taxes, fees and charges, prescribing the
(vii) Subject to the provisions of the Code and applicable laws, rates thereof for general and specific purposes, and granting tax exemptions,
determine the powers and duties of officials and employees of the province; incentives or reliefs;
(viii) Determine the positions and the salaries, wages, allowances and (iii) Subject to the provisions of Book II of the Code and applicable
other emoluments and benefits of officials and employees paid wholly or laws and upon a majority vote of all the members of the sangguniang
mainly from provincial funds and provide for expenditures necessary for the panlalawigan, authorize the provincial governor to negotiate and contract loans
proper conduct of programs, projects, services, and activities of the provincial and other forms of indebtedness;
government;
(iv) Subject to the provisions of Book II of the Code and applicable
(ix) Authorize the payment of compensation to a qualified person not laws and upon a majority vote of all the members of the sangguniang
in the government service who fills up a temporary vacancy, or grant panlalawigan, enact ordinances authorizing the floating of bonds or other
honorarium to any qualified official or employee designated to fill a temporary instruments of indebtedness, for the purpose of raising funds to finance
vacancy in a concurrent capacity, at the rate authorized by law; development projects;
(x) Provide a mechanism and the appropriate funds therefore, to ensure (v) Appropriate funds for the construction and maintenance or the
the safety and protection of all provincial government property, public rental of buildings for the use of the province; and upon a majority vote of all
documents, or records such as those relating to property inventory, land the members of the sangguniang panlalawigan, authorize the provincial
ownership, records of births, marriages, deaths, assessments, taxation, governor to lease to private parties such public buildings held in a propriety
accounts, business permits, and such other records and documents of public capacity, subject to applicable laws, rules and regulations;
interest in the offices and departments of the provincial government; and
(vi) Prescribe reasonable limits and restraints on the use of property
(xi) When the finances of the provincial government allow, provide for within the jurisdiction of the province;
additional allowances andother benefits to judges, prosecutors, public
elementary and high school teachers, and other national government officials (vii) Review the comprehensive land use plans and zoning ordinances
stationed or assigned to the province. of component cities and municipalities and adopt a comprehensive provincial
land use plan, subject to applicable laws; and

(viii) Adopt measures to enhance the full implementation of the

(2) Generate and maximize the use of resources and revenues for the national agrarian reform program in coordination with the Department of
development plans, program objectives and priorities of the province as provided in Agrarian Reform;
Sec. 18 of the Code, with particular attention to agro-industrial development and
countrywide growth and progress and relative thereto, shall: (3) Subject to the provisions of Book II of the Code, grant franchises, approve
the issuance of permits or licenses, or enact ordinances levying taxes, fees and charges
(i) Enact the annual and supplemental appropriations of the provincial upon such conditions and for such purposes intended to promote the general welfare of
government and appropriate funds for specific programs, projects, services and the inhabitants of the province, and pursuant to this legislative authority, shall:
activities of the province, or for other purposes not contrary to law, in order to
promote the general welfare of the province and its inhabitants;
 (i) Fix and impose reasonable fees and charges for all services (vii) Establish and provide for the maintenance and improvement of
rendered by the provincial government to private persons or entities; and jails and detention centers, institute a sound jail management program, and
appropriate funds for the subsistence of detainees and convicted prisoners in
(ii) Regulate and fix the license fees for such activities as provided the province;
under the Code.
(viii) Establish a provincial council whose purpose is the promotion of
(4) Approve ordinances which shall ensure the efficient and effective delivery culture and the arts, coordinate with government agencies and non-
of the basic services and facilities as provided under Rule V of these Rules, and, in governmental organizations and, subject to the availability of funds,
addition to said services and facilities, shall: appropriate funds for the support and development of the same;
(i) Adopt measures and safeguards against pollution and for the (ix) Establish a provincial council for the elderly which shall formulate
preservation of the natural ecosystem in the province, in consonance with policies and adopt measures mutually beneficial to the elderly and to the
approved standards on human settlements and environmental sanitation; province; and subject to the availability of funds, appropriate funds to support
programs and projects for the elderly; and provide incentives for NGOs to
(ii) Subject to applicable laws, facilitate or provide for the
support the programs and projects of the elderly; and
establishment and maintenance of a waterworks systems or district waterworks
for supplying water to inhabitants of component cities and municipalities; (5) Exercise such other powers and perform such other duties and functions as
may be prescribed by law or ordinance.
(iii) Subject to the availability of funds and to applicable laws, rules
and regulations, provide for the establishment and operation of vocational and
technical schools and similar post-secondary institutions; and, with the
approval of the Department of Education, Culture and Sports and subject to ARTICLE 99. Powers, Duties, and Functions of the Sangguniang Panlungsod.
existing laws on tuition fees, fix reasonable tuition fees and other school —
charges in educational institutions supported by the provincial government;
(a) The sangguniang panlungsod, as the legislative body of the city, shall enact
(iv) Establish a scholarship fund for the poor but deserving students in ordinances, approve resolutions and appropriate funds for the general welfare of the
schools located within its jurisdiction or for students residing within the city and its inhabitants pursuant to Sec. 16 of the Code and in the proper exercise of
province; the corporate powers of the city as provided in Rule IX of these Rules, and shall:
(v) Approve measures and adopt quarantine regulations to prevent the (1) Approve ordinances and pass resolutions necessary for an efficient and
introduction and spread of diseases within its territorial jurisdiction;
effective city government, and relative thereto, shall:
(vi) Provide for the care of paupers, the aged, the disabled, the sick,
(i) Review all ordinances approved by the sangguniang barangay and
persons of unsound mind, abandoned minors, abused children, juvenile
executive orders issued by the punong barangay to determine whether these are
delinquents, drug dependents, and other needy and disadvantaged persons,
within the scope of the prescribed powers of the
particularly children and youth below eighteen (18) years of age; subject to
availability of funds, establish and support the operation of centers and sanggunian and of the punong barangay;
facilities for said needy and disadvantaged persons; and facilitate efforts to
promote the welfare of families below the poverty threshold, the (ii) Maintain peace and order by enacting measures to prevent and suppress
disadvantaged, and the exploited; lawlessness, disorder,
riot, violence, rebellion or sedition and impose penalties for the violation of said city;
ordinances;
(vi) Protect the environment and impose appropriate penalties for acts which
(iii) Approve ordinances imposing imprisonment not exceeding one (1) year or a fine endanger the
not exceeding
environment, such as dynamite fishing and other forms of destructive fishing, illegal
Five Thousand Pesos (P5,000.00) or both imprisonment and fine at the discretion of logging and
the court, for
smuggling of logs, smuggling of natural resources products and of endangered
violation of a city ordinance; species of flora and

(iv) Adopt measures to protect the inhabitants of the city from the harmful effects of fauna, slash and burn farming, and such other activities which result in pollution,
man-made or acceleration of

natural disasters and calamities, and to provide relief services and assistance for eutrophication of rivers and lakes, or of ecological imbalance;
victims during and
(vii) Subject to the provisions of the Code and applicable laws, determine the powers
in the aftermath of said disasters or calamities and their return to productive and duties of
livelihood following
officials and employees of the city;
said events;
(viii) Determine the positions and the salaries, wages, allowances and other
(v) Enact ordinances intended to prevent, suppress and impose appropriate penalties emoluments and
for habitual
benefits of officials and employees paid wholly or mainly from city funds and
drunkenness in public places, vagrancy, mendicancy, prostitution, establishment and provide for
maintenance of
expenditures necessary for the proper conduct of programs, projects, services, and
houses of ill repute, gambling and other prohibited games of chance, fraudulent activities of the
devices and ways to
city government;
obtain money or property, drug addiction, maintenance of drug dens, drug pushing,
juvenile (ix) Authorize the payment of compensation to a qualified person not in the
government service who
delinquency, the printing, distribution or exhibition of obscene or pornographic
materials or fills up a temporary vacancy or grant honorarium to any qualified official or
employee designated to
publications, and such other activities inimical to the welfare and morals of the
inhabitants of the fill a temporary vacancy in a concurrent capacity, at the rate authorized by law;
(x) Provide a mechanism and the appropriate funds therefore, to ensure the safety objectives and priorities of the city as provided in Sec. 18 of the Code, with
and protection of particular attention to

all city government property, public documents, or records such as those relating to agro-industrial development and citywide growth and progress, and relative thereto,
property shall:

inventory, land ownership, records of births, marriages, deaths, assessments, (i) Approve the annual and supplemental budgets of the city government and
taxation, accounts, appropriate funds for

business permits, and such other records and documents of public interest in the specific programs, projects, services and activities of the city, or for other purposes
offices and not contrary to

departments of the city government; law, in order to promote the general welfare of the city and its inhabitants;

(xi) When the finances of the city government allow, provide for additional (ii) Subject to the provisions of Book II of the Code and applicable laws and upon a
allowances and other majority vote of

benefits to judges, prosecutors, public elementary and high school teachers, and all the members of the sangguniang panlungsod, enact ordinances levying taxes, fees
other national and charges,

government officials stationed in or assigned to the city; prescribing the rates thereof for general and specific purposes, and granting tax
exemptions,
(xii) Provide legal assistance to barangay officials who, in the performance of their
official duties or incentives or reliefs;

on the occasion thereof, have to initiate judicial proceedings or defend themselves (iii) Subject to the provisions of Book II of the Code and upon a majority vote of all
against legal the members of

action; and the sangguniang panlungsod, authorize the city mayor to negotiate and contract loans
and other
(xiii) Provide group insurance or additional insurance coverage for all barangay
officials, including forms of indebtedness;

members of barangay tanod brigades and other service units, with public or private (iv) Subject to the provisions of Book II of the Code and applicable laws and upon a
insurance majority vote of

companies, when the finances of the city government allow said coverage; all the members of the sangguniang panlungsod, enact ordinances authorizing the
floating of bonds
(2) Generate and maximize the use of resources and revenues for the development
plans, program
or other instruments of indebtedness, for the purpose of raising funds to finance populous centers; and regulate the construction, repair or modification of buildings
development within said fire

projects; limits or zones in accordance with the provisions of the Fire Code;

(v) Appropriate funds for the construction and maintenance or the rental of buildings (x) Subject to national law, process and approve subdivision plans for residential,
for the use of commercial, or

the city; and, upon a majority vote of all the members of the sangguniang industrial purposes and other development purposes, and to collect processing fees
panlungsod, authorize the and other

city mayor to lease to private parties such public buildings held in a propriety charges, the proceeds of which shall accrue entirely to the city provided that where
capacity, subject to approval of an

existing laws, rules and regulations; NGA is required, said approval shall not be withheld for more than thirty (30) days
from receipt of
(vi) Prescribe reasonable limits and restraints on the use of property within the
jurisdiction of the the application. Failure to act on the application within the said period shall be
deemed as approval
city;
thereof;
(vii) Adopt a comprehensive land use plan for the city provided that in the case of
component cities, (xi) Subject to the provisions of Book II of the Code, grant the exclusive privilege of
constructing fish
the formulation, adoption or modification of said plan shall be in coordination with
the approved corrals or fish pens, or the taking or catching of bangus fry, prawn fry or kawag-
kawag, or fry of any
provincial comprehensive land use plan;
species or fish within the city waters;
(viii) Reclassify agricultural lands within the jurisdiction of the city, subject to the
provisions of Rule (xii) With the concurrence of at least two-thirds (2/3) of all the members of the
sangguniang
VII of these Rules;
panlungsod, grant tax exemptions, incentives or reliefs to entities engaged in
(ix) Enact integrated zoning ordinances in consonance with the approved community growthinducing
comprehensive land use
industries, subject to the provisions of Chapter 5, Title I, Book II of the Code;
plan, subject to existing laws, rules and regulations; establish fire limits or zones,
particularly in (xiii) Grant loans or provide grants to other LGUs or to national, provincial, and city
charitable,
benevolent or educational institutions provided that said institutions are operated and (iv) Regulate the display of and fix the license fees for signs, signboards, or
maintained billboards at the place or

within the city; places where the profession or business advertised thereby is, in whole or in part,
conducted;
(xiv) Regulate the numbering of residential, commercial and other buildings; and
(v) Any law to the contrary notwithstanding, authorize and license the establishment,
(xv) Regulate the inspection, weighing and measuring of articles of commerce. operation, and
(3) Subject to the provisions of Book II of the Code, enact ordinances granting maintenance of cockpits, and regulate cockfighting and commercial breeding of
franchises and gamecocks provided
authorizing the issuance of permits or licenses, upon such conditions and for such that existing rights should not be prejudiced;
purposes intended
(vi) Subject to the guidelines prescribed by the Department of Transportation and
to promote the general welfare of the inhabitants of the city and pursuant to this Communications,
legislative
regulate the operation of tricycles and grant franchises for the operation thereof
authority shall: within the
(i) Fix and impose reasonable fees and charges for all services rendered by the city territorial jurisdiction of the city; and
government to
(vii) Upon approval by a majority vote of all the members of the sangguniang
private persons or entities; panlungsod: grant a
(ii) Regulate or fix license fees for any business or practice of profession within the franchise to any person, partnership, corporation, or cooperative to do business
city and the within the city;
conditions under which the license for said business or practice of profession may be establish, construct, operate and maintain ferries, wharves, markets or
revoked and slaughterhouses; or
enact ordinances levying taxes thereon; undertake such other activities within the city as may be allowed by applicable laws
provided that
(iii) Provide for and set the terms and conditions under which public utilities owned
by the city shall cooperatives shall be given preference in the grant of such a franchise.
be operated by the city government, and prescribe the conditions under which the (4) Regulate activities relative to the use of land, buildings and structures within the
same may be city in order to
leased to private persons or entities, preferably cooperatives; promote the general welfare and for said purpose shall:
(i) Declare, prevent or abate any nuisance; (vii) Regulate the establishment, operation, and maintenance of any entertainment or
amusement
(ii) Require that buildings and the premises thereof and any land within the city be
kept and facilities, including theatrical performances, circuses, billiard pools, public dancing
schools, public
maintained in a sanitary condition; impose penalties for any violation thereof; or,
upon failure to dance halls, sauna baths, massage parlors, and other places for entertainment or
amusement;
comply with said requirement, have the work done at expense of the owner,
administrator or tenant regulate such other events or activities for amusement or entertainment, particularly
those which
concerned; or require the filing up of any land or premises to a grade necessary for
proper tend to disturb the community or annoy the inhabitants, or require the suspension or
suppression of
sanitation;
the same; or, prohibit certain forms of amusement or entertainment in order to
(iii) Regulate the disposal of clinical and other wastes from hospitals, clinics and protect the social
other similar
and moral welfare of the community;
establishments;
(viii) Provide for the impounding of stray animals; regulate the keeping of animals in
(iv) Regulate the establishment, operation and maintenance of cafes, restaurants, homes or as
beerhouses,
part of a business, and the slaughter, sale or disposition of the same; and adopt
hotels, motels, inns, pension houses, lodging houses, and other similar measures to prevent
establishments, including
and penalize cruelty to animals; and,
tourist guides and transports;
(ix) Regulate the establishment, operation and maintenance of funeral parlors and the
(v) Regulate the sale, giving away or dispensing of any intoxicating malt, vino, burial or
mixed or fermented
cremation of the dead, subject to applicable laws, rules and regulations.
liquors at any retail outlet;
(5) Approve ordinances which shall ensure the efficient and effective delivery of the
(vi) Regulate the establishment and provide for the inspection of steam boilers or any basic services
heating device
and facilities as provided in Rule V of these Rules, and in addition to said services
in buildings and the storage of inflammable and highly combustible materials within and facilities, shall:
the city;
(i) Provide for the establishment, maintenance, protection, and conservation of
communal forests

and watersheds, tree parks, greenbelts, mangroves, and other similar forest
development projects;

(ii) Establish markets, slaughterhouses or animal corrals and authorize the operation
thereof by the

city government; and regulate the construction and operation of private markets,
talipapas, or other

similar buildings and structures;

(iii) Authorize the establishment, maintenance, and operation by the city government
of ferries,

wharves, and other structures intended to accelerate productivity related to marine

and seashore or

offshore activities;