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    CHAPTER I Local Government Code of 1991

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    Emildan Gastardo
    This document outlines the key policies and principles of the Local Government Code of 1991 in the Philippines. It declares that local government units shall have genuine autonomy and empowerment to better serve their communities as partners in national development. The code aims to decentralize powers from the national government and ensure accountability of local leaders through mechanisms like recall elections. It also provides operative principles to guide the implementation of local autonomy, such as the allocation of powers and resources to local units and enhancing their participation in national programs.

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    CHAPTER I Local Government Code of 1991

    Uploaded by

    Emildan Gastardo
    55 views2 pages
    This document outlines the key policies and principles of the Local Government Code of 1991 in the Philippines. It declares that local government units shall have genuine autonomy and empowerment to better serve their communities as partners in national development. The code aims to decentralize powers from the national government and ensure accountability of local leaders through mechanisms like recall elections. It also provides operative principles to guide the implementation of local autonomy, such as the allocation of powers and resources to local units and enhancing their participation in national programs.

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    This document outlines the key policies and principles of the Local Government Code of 1991 in the Philippines. It declares that local government units shall have genuine autonomy and empowerment to better serve their communities as partners in national development. The code aims to decentralize powers from the national government and ensure accountability of local leaders through mechanisms like recall elections. It also provides operative principles to guide the implementation of local autonomy, such as the allocation of powers and resources to local units and enhancing their participation in national programs.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    55 views2 pages

    CHAPTER I Local Government Code of 1991

    Uploaded by

    Emildan Gastardo
    This document outlines the key policies and principles of the Local Government Code of 1991 in the Philippines. It declares that local government units shall have genuine autonomy and empowerment to better serve their communities as partners in national development. The code aims to decentralize powers from the national government and ensure accountability of local leaders through mechanisms like recall elections. It also provides operative principles to guide the implementation of local autonomy, such as the allocation of powers and resources to local units and enhancing their participation in national programs.

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    of 2

    CHAPTER I

    The Code: Policy and Application

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

    Section 2. Declaration of Policy. -

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

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

    (c) It is likewise the policy of the State to require all national agencies and offices to conduct
    periodic consultations with appropriate local government units, nongovernmental and
    people's organizations, and other concerned sectors of the community before any project or
    program is implemented in their respective jurisdictions. 1awphil.net

    Section 3. Operative Principles of Decentralization. - The formulation and implementation of


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

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

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

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

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

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

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

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

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

    (i) Local government units shall share with the national government the responsibility in the
    management and maintenance of ecological balance within their territorial jurisdiction,
    subject to the provisions of this Code and national policies;
    (j) Effective mechanisms for ensuring the accountability of local government units to their
    respective constituents shall be strengthened in order to upgrade continually the quality of
    local leadership;

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

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

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

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

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

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

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

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

    (d) Rights and obligations existing on the date of effectivity of this Code and arising out of
    contracts or any other source of presentation involving a local government unit shall be
    governed by the original terms and conditions of said contracts or the law in force at the time
    such rights were vested; and

    (e) In the resolution of controversies arising under this Code where no legal provision or
    jurisprudence applies, resort may be had to the customs and traditions in the place where the
    controversies take place.

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