Draft EO

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AN ORDER CREATING THE MUNICIPAL DEVOLUTION TRANSITION COMMITTEE

(MDTC) AND DESIGNATING MEMBERS, ESTABLISHING ITS FUNCTIONS, ROLES


AND RESPONSIBILITIES

WHEREAS, Section 6, Article X of the Constitution provides that local government units
(LGUs) shall have a just share, as determined by law, in the national taxes which shall
be automaticall released to them

WHEREAS, in Mandanas, et al. V. Executive Secretary, et al. (G.R. Nos. 199802 and
208488), the Supreme Court held that all collections of national taxes, except those
accruing to special purpose funds and special allotments for the utilization and
development of the national wealth, should be included in the computation of the base
od the just share of LGUs;

WHEREAS, given the revenue collections of the National Government in FY 2019, the
total shares of the LGUs from the National Taxes is expected to significantly increase
starting FY 2022 in line with the implementation of the Mandanas Ruling;

WHEREAS, the substantial increase in the shares of the LGUs from the National taxes
will empower the LGUs in providing basis services and facilities to thier constituents,
and aid them in the effective discharge of other duties and functions devolved to them
under Section 17 of RA No. 7160;

WHEREAS, Section 3 of RA no. 7160 provides the operative principles of


decentralization that shall guide the formulation of policies and measures on local
autonomy;

WHEREAS, Section 17(f) of RA 7160 provides that the National Government or the
next higher level of LGU may provide or augment the basic services and facilities
assined to a lower level of LGU when such services or facilities are not made available
or, if made available are inadequate to meet the requirements of its inhabitants;

WHEREAS, under section 24(a), Rule V of the Implementing Rules and Regulations of
RA no. 7160, the provisions for the delivery of basic services and facilities shall be
devolved from the National Government to provinces, cities, municipalities and
barangays so that each LGU shall be responsible for a minimum set of services and
facilities in accordance with established national policies, guidelines and standards;

WHEREAS, Joint Memorandum Circular (JMC) No. 2021-_________ dated ______ of


the Department of Budgent and Management (DBM) and Department of the Interior and
Local Government (DILG) was issued to provide the LGUs the Guidelines on the
Preparation of Devolution Transition Plans of Local Government Units in Support of Full
Devolution Under Executive Order No. 138, dated June 1, 2021.
NOW, THEREFORE, I, _____________ Municipal Mayor of _______, _____________
by virtue of the powers vested in me by law, do hereby create and establish the
Municipal Devolution Transition Committee of the Municipal Government of Rosario,
Batangas.

Section I. Municipal Devolution Transition Committee Composition

The Municipal Devolution Transition Committee shall be composed of the following:

Mayor - Chairperson
SB Member - Member
MPDC - Member
Mun. Treasurer - Member
Budget Officer - Member
Mun. Administrator - Member
LnB President - Member
CSO Rep. - Member
CSO Rep - Member
HRMO - Member
Admin Staff - Secretariat
Admin Staff - Secretariat
OMM Staff - Secretariat

Section II. Duties and Responsibilities

1. The MDTC shall cause the preparation of the LGU Devolution Transition Plan by
identifying the functions, services, and facilities to be fully assumed and/or needs
scaling-up; and adopt a phased approach in implementing the devolved
responsibilities starting FY 2022.
2. The MDTC shall also cause for the review and approval of the Sangguniang
Bayan.

3. The MDTC shall ensure to integrate the assumed responsibilities to the LGUS
Development Plans, investment Programs and and Local Budget.

4. The MDTC thru its secretariat shall submit to the appropriate CSC Field Office
the approved plantilla of positions wihtin thirty (30) calendar days fromt he date of
approval of adjusted OSSP for information and guidance in processing of
appointments and other personnel actions.

5. The MDTC shall also serves as the communications team and formulate
communications plans and strategies to effectively inform the public as well as
other stakeholders on the delineation of the functions between the NGAs and the
LGU and its respective accountabilities, pursuant to Sections 7(f) and 10 of EO
no. 138.
Section III: Municipal Devolution Transition Plan

1. The LGU Devolution Transition Plan shall be the roadmap to ensure a strategic
perspective, systematic and coherent actions towards their full assumption of
devolved fuctions and services starting in FY. 2022. It shall serve as a handy
reference in carrying out organizational strengthening efforts and upgrading theri
institutional capacity in the next three (3) years, i.e., from FY 2022-2024, and
monitoring the progress of full assumption of devolved responsibilities. The DTP
shall be the primary consideration in the formulation of the sucessor local
development plans and investment programs, particularly in identifying and
implementing priority programs and activities relative to the devolved functions
and services.

2. The Municipal Devolution Transition Plan shall comprise of a narrative report


which shall contain the following components:
a. State of Devolved Fuctions, Services and Facilities;
b. Phasing of Full assumption of devolved functions, services and facilities;
c. Capacitiy Development Agenda;
d. Organizationla Structure and Staffing Pattern (OSSP);
e. Local Revenue Forecast and Resource Mobilization Strategy; and
f. Performance Targets for Devolved Functions and Services

Section IV. Effectivity.

This Order Shall take effect immediately.

Done in the Municipality of ______, Province of ______ this 27th day of July ,
2021.

HON. _______________
Mayor

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