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LOCGOV | PROVISIONS | 12 NOV 2013 Page 1 of 6 A.

VILLAFUERTE (D2015)
ADMINISTRATIVE CODE
Title XII LOCAL GOVERNMENT

CHAPTER 1
GENERAL PROVISIONS

Section 1. Declaration of Policy. - The State shall ensure the autonomy of local governments. For this
purpose, it shall provide for a more responsive and accountable local government structure instituted
through a system of decentralization. The allocation of powers and resources to local government units
shall be promoted, and inter-local government grouping, consolidation and coordination of resources shall
be encouraged. The State shall guarantee the local government units their just share in national taxes and
their equitable share in proceeds from the use of natural resources, and afford them a wider latitude for
resources generation.

Section 2. Mandate. - The Department shall assist the President in the exercise of general supervision over
local governments and in ensuring autonomy, decentralization and community empowerment.

Section 3. Powers and Functions. - To accomplish its mandate, the Department shall:
(1) Advise the President on the promulgation of policies, rules, regulations and other issuances
relative to the general supervision of local government units;
(2) Establish and prescribe rules, regulations and other issuances and implementing laws on the
general supervision of local government units and on the promotion of local autonomy and
monitor compliance thereof by said units;
(3) Provide assistance in the preparation of national legislation affecting local government units;
(4) Establish and prescribe plans, policies, programs and projects to strengthen the administrative,
technical and fiscal capabilities of local government offices and personnel;
(5) Formulate and implement policies, plans, programs and projects to meet national and local
emergencies arising from natural and man-made disasters; and
(6) Perform such other functions as may be provided by law.

Section 4. Organization Structure. - The Department, shall be composed of the Office of the Secretary and
the staff and line offices which shall consist of the following:
(1) Bureau of Local Government Supervision;
(2) Bureau of Local Government Development;
(3) National Barangay Operations Office;
(4) Project Development Services;
(5) Department Services;
(6) Office of Public Affairs; and
(7) Regional and Field Offices.

CHAPTER 2
DEPARTMENT PROPER

Section 5. Office of the Secretary. - The Office of the Secretary shall consist of the Secretary and his
immediate staff.

Section 6. Undersecretaries and Assistant Secretaries. - The Secretary shall be assisted by not more than
three (3) Undersecretaries and three (3) Assistant Secretaries who shall be appointed by the President
upon the recommendation of the Secretary. The Secretary is hereby authorized to delineate and assign the
respective functional areas of responsibility of the Undersecretaries and Assistant Secretaries.

CHAPTER 3
DEPARTMENT SERVICES

Section 7. Planning Service. - The Planning Service shall be responsible for providing the Department with
efficient and effective services relating to planning, programming, research and statistics.

Section 8. Financial and Management Service. - The Financial and Management Service shall be
responsible for providing the Department with efficient and effective staff advise and assistance on
budgetary, financial and management improvement matters.

Section 9. Legal Service. - The Legal Service shall be responsible for providing the Department with
efficient and effective legal counseling services, assistance to the Secretary in the review or determination
of subordinate bodies or agencies, collaboration with Solicitor General in handling cases affecting the
Department, and investigation of administrative cases involving Department personnel and local officials;

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Section 10. Administrative Service. - The Administrative Service shall be responsible for providing the
Department with efficient and effective services relative to personnel, information, records, supplies,
equipment, collection, disbursement, security and custodial work, and other kinds of services not related to
the other services above enumerated.

Section 11. Electronic Data Processing Service. - The Electronic Data Processing Service shall be
responsible for providing adequate and up-to-date data and management information inputs, including
monitoring of all field operations, to serve as basis for effective planning, management and control, policy
formulation and decision-making.

CHAPTER 4
BUREAUS AND OFFICES

Section 12. Bureau of Local Government Supervision. - The Bureau of Local Government Supervision, to
be headed by a Bureau Director appointed by the President upon the recommendation of the Secretary,
shall have the following functions:
(1) Advise and assist the Secretary in the exercise of the power of general supervision of the
President over local government units, particularly in the formulation and implementation of
national laws, policies, and standards concerning local government operations and their
personnel;
(2) Establish and prescribe guidelines for the administration of the Katarungang Pambarangay
Laws;
(3) Monitor compliance with national laws and policies by local government units;
(4) Provide assistance in the preparation of national legislation affecting local government units and
in the promotion of local autonomy;
(5) Extend consultation service and advice to local government units involved in promoting local
autonomy; and
(6) Provide assistance to local governments in the promotion of citizens participation in local
government activities;
(7) Provide technical and financial assistance, as well as secretariat services to the Leagues of
Provinces, Cities and Municipalities; and
(8) Perform such other functions as may be provided by law.

Section 13. Bureau of Local Government Development. - The Bureau of Local Government Development, to
be headed by a Bureau Director appointed by the President upon the recommendation of the Secretary
shall have the following functions:
(1) Establish and prescribe plans, policies, programs, and projects to strengthen the administrative
and technical capabilities of local government offices and personnel;
(2) Provide technical assistance to enhance the administrative, fiscal and technical capabilities of
local government officers and personnel;
(3) Formulate, prescribe and periodically evaluate local development policies, plans, programs and
projects designed to enhance the participation of local government units in planning and
implementation;
(4) Establish a system of incentives and grants to local governments and prescribe policies,
procedures and guidelines in the implementation of self-help assistance projects;
(5) Formulate and develop models, standards and technical materials on local government
development;
(6) Extend consultation service and advice to local government units involved in development
programs;
(7) Extend consultation service and advice to local government units involved in development
programs;
(8) Establish a viable system of strategies and approaches for local governments anchored on citizen
participation within a wholistic and integrated framework for the development of communities;
and
(9) Perform such other functions as may be provided by law.

Section 14. Office of Public Affairs. - The Office of Public Affairs shall have the following functions:
(1) Provide technical assistance in the modernization and maintenance of a Department-wide micro-
telecommunications systems;
(2) Provide mechanisms for the operationalization of the intent of the provisions of public
information, coverages and documentation of the activities of the Department;
(3) Perform functional supervision over regional information centers in providing the citizenry with
relevant information on the program of the Department and the Government's thrust towards
the participation of the citizens in the democratic processes;
(4) Formulate plans and programs to implement the administrative and technical capabilities of
public officers and personnel both on the central and regional levels;
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(5) Establish and prescribe guidelines in the administration of Information and Public Assistance
Services;
(6) Extend consultation services and advice in the implemen- tation of Regional Information
Services;
(7) Assess information needs of the people through opinion polls and surveys;
(8) Provide assistance on various public programs of the Department;
(9) Establish and implement policies, plans, programs and projects to meet local emergencies arising
from natural and man-made disasters; and
(10) Perform such other duties and responsibilities and projects assigned or delegated by the
Secretary in the effective delivery of public services or as may be required by law.

Section 15. Local Government Academy. - The Local Government Academy shall be responsible for human
resource development and training of local government officials and Department personnel. The Academy
shall be under the direct supervision of a Board of Trustees composed of the Secretary of Local
Government as Chairman and four (4) other members to be appointed by the President upon
recommendation of the Secretary. The structure and staffing pattern of the Local Government Academy
shall be prescribed and approved by the Secretary.

Section 16. National Barangay Operations Office. - The National Barangay Operations Office which shall
be headed by a Director to be appointed by the President upon the recommendation of the Secretary, shall
have the following functions:
(1) Formulate policies, plans and programs that will promote community and citizen participation in
the political development of the barangay through the mobilization and participation of barangay
assemblies;
(2) Initiate projects on innovative barangay development strategies and approaches in close
coordination with the Bureau of Local Government Development;
(3) Provide secretariat services to the Association of Barangay Councils and serve as a clearing
house on matters affecting barangay officials' insurance, hospitalization, educational and other
benefits as provided by law;
(4) Provide continuing information dissemination to barangay units on national development efforts
and issues in order for barangay assembly members to participate meaningfully in national
development;
(5) Establish and maintain masterlists of barangays, barangay officials and barangay socio-
economic profiles;
(6) Provide situational and political analysis for the Secretary on barangay affairs; and
(7) Perform other functions as may be delegated by the Secretary or as provided for by law.

Section 17. Office of Project Development Services. - The Office of Project Development Services shall have
the following functions:
(1) Formulate innovative approaches and strategies designed to promote technical capabilities of
local governments;
(2) Assist in the development of program components for the implementation of tested and
appropriate system and processes at the local level; and
(3) Perform other functions as may be delegated by the Secretary or as provided by law.

CHAPTER 5
REGIONAL AND FIELD OFFICES

Section 18. Regional and Field Offices. - The Secretary is authorized to establish, operate and maintain
one Regional Office in each of the administrative regions established by law. A Regional Office shall have,
within its administrative region, the following functions:
(1) Implement laws, rules, and regulations, other issuances, policies, plans, programs and projects of
the Department;
(2) Provide efficient and effective service to local government;
(3) Coordinate with regional offices of other departments, offices and agencies affecting local
administration and development;
(4) Assist local government units in developing their capabilities for local government
administration and development; and
(5) Perform such other functions as may be delegated by the Secretary or as provided by law.


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CHAPTER 6
LEAGUES OF PROVINCES, CITIES AND MUNICIPALITIES

Section 19. Leagues of Provinces, Cities and Municipalities. - There is hereby created the Leagues of
Provinces, Cities and Municipalities.

The functions, budget and records of the Katipunan ng mga Sanggunian National Secretariat and the
Pambansang Katipunan ng mga Punong Bayan sa Pilipinas, shall be transferred to the Leagues of
Provinces, Cities and Municipalities. The Leagues shall be under the supervision of the Bureau of Local
Government Supervision.

The Secretary is hereby authorized to promulgate the necessary implementing rules that will activate
these Leagues.

RA 6975 DILG ACT OF 1990
CHAPTER I
THE DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT

Section 4. The Department of the Interior and Local Government. To carry out the policies and purposes
of this Act, the Department of Local Government is hereby reorganized into the Department of the Interior
and Local Government, hereinafter referred to as the Department, in accordance with the provisions of
this Act.

Section 5. Powers and Functions of the Department. In furtherance of the objectives of this Act, the
Department shall continue to exercise the powers and functions of the Department of Local Government in
addition to the powers and functions as herein provided.

Section 6. Organization. The Department shall consist of the Department Proper, the existing bureaus
and offices of the Department of Local Government, the National Police Commission, the Philippine Public
Safety College, and the following bureaus: the Philippine National Police, the Bureau of Fire Protection,
and the Bureau of Jail Management and Penology.

Section 7. Department Proper. The Department Proper shall consist of the existing staff services as
provided for under Executive Order No. 262 and the following offices:
(a) Office of the Secretary. The office of the Secretary shall consist of the Secretary and his
immediate staff; and
(b) Office of the Undersecretaries and Assistant Secretaries. The Secretary shall be assisted by
two (2) Undersecretaries, one (1) for local government and the other for peace and order, at least
one (1) of whom must belong to the career executive service, and three (3) career Assistant
Secretaries.

Section 8. Head of Department. The head of the Department. The head of the Department, hereinafter
referred to as the Secretary, shall also be the ex-officio Chairman of the National Police Commission and
shall be appointed by the President subject to confirmation of the Commission on Appointments. No
retired or resigned military officer or police official may be appointed as Secretary within one (1) year from
the date of his retirement or resignation.

Section 9. General Powers, Term of Office and Compensation of the Secretary. The authority and
responsibility for the exercise of the Department's powers and functions shall be vested in the Secretary,
who shall hold office at the pleasure of the President and shall receive the compensation, allowances and
other emoluments to which heads of departments are entitled.

Section 10. Specific Powers and Functions of the Secretary. In addition to his powers and functions as
provided in Executive Order No. 262, the Secretary as Department head shall have the following powers
and functions:
(a) Prepare and submit periodic reports, including a Quarterly Anti-Crime Operations Report
and such other reports as the President and Congress may require;
(b) Act as Chairman and Presiding Officer of the National Police Commission; and
(c) Delegate authority to exercise any substantive or administrative function to the members of
the National Police Commission or other officers of rank within the Department.

Section 11. Regional Offices. The Department shall establish, operate and maintain a regional office in
each of the administrative regions of the country to implement the policies and programs of the
Department. Each regional office shall be headed by a regional director to be assisted by two (2) assistant
regional directors: one (1) for jail management and penology and another for fire protection in addition to
the present assistant regional directors of the Department of Local Government.

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Section 12. Relationship of the Department with the Department of National Defense. During a period of
twenty-four (24) months from the effectivity of this Act, the Armed Forces of the Philippines (AFP) shall
continue its present role of preserving the internal and external security of the State: Provided, That said
period may be extended by the President, if he finds it justifiable, for another period not exceeding twenty-
four (24) months, after which, the Department shall automatically take over from the AFP the primary
role of preserving internal security, leaving to the AFP its primary role of preserving external security.
However, even after the Department has assumed primary responsibility on matters affecting internal
security, including the suppression of insurgency, and there are serious threats to national security and
public order, such as where insurgents have gained considerable foothold in the community thereby
necessitating the employment of bigger tactical forces and the utilization of higher caliber armaments and
better armored vehicles, the President may, upon recommendation of the peace and order council, call
upon the Armed Forces of the Philippines to assume the primary role and the Philippine National Police
(PNP) to play the supportive role in the area concerned.

In times of national emergency, all elements of the PNP, the Bureau of Fire Protection, and the Bureau of
Jail Management and Penology shall, upon direction of the President, assist the Armed Forces of the
Philippines in meeting the national emergency.

The complementary relationship between the Department of the Interior and Local Government and the
Department of National Defense in any of the preceding eventualities shall be jointly prescribed by their
respective Secretaries in a memorandum of agreement that shall thereafter be published and
implemented.

AMENDMENT BY RA 8551 (PNP REFORM & REORGANIZATION ACT)
Section 3. Section 12 of Republic Act No. 6975 is hereby amended to read as follows:

"SEC. 12. Relationship of the Department with the Department of National Defense. The Department of
the Interior and Local Government shall be relieved of the primary responsibility on matters involving the
suppression of insurgency and other serious threats to national security. The Philippine National Police
shall, through information gathering and performance of its ordinary police functions, support the Armed
Forces of the Philippines on matters involving suppression of insurgency, except in cases where the
President shall call on the PNP to support the AFP in combat operations.

"In times of national emergency, the PNP, the Bureau of Fire Protection, and the Bureau of Jail
Management and Penology shall, upon the direction of the President, assist the armed forces in meeting
the national emergency."


RA 8551 (PNP REFORM & REORGANIZATION ACT)
[Related to LOCAL GOVERNMENT]

Section 64. Automatic Deputation of Local Government Executives as Commission Representatives.
Governors and mayors, upon having been elected and living qualified as such, are automatically deputized
as representatives of the National Police Commission in their respective jurisdiction. As deputized agents
of the Commission, local government executives can inspect police forces and units, conduct audit, and
exercise other functions as may be duly authorized by the Commission.

Section 73. Rules and Regulations. Unless otherwise provided in this Act, the Commission in
coordination with the Philippine National Police and the Department of the Interior and Local
Government, shall promulgate rules and regulations for the effective implementation of this Act. Such
rules and regulations shall take effect upon their publication in three (3) newspapers of general
circulation.



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RA 9263 (BUREAU OF FIRE PROTECTION & BUREAU OF JAIL MGT. AND PENOLOGY
PROFESSIONALIZATION ACT)
[Related to LOCAL GOVERNMENT]

SEC 2. Declaration of Policy and Principles. It is declared policy of the state to maintain peace and order,
protect life, liberty and property, and promote the general welfare essential for the enjoyment by all the
people of the blessings of democracy (Article II, Section 5 of the Philippine Constitution) Moreover it
recognizes the responsibility of the state to strengthen government capability aimed towards the
strengthening of the delivery of basic services to the citizenry though the institutionalization of highly
efficient and competent fire and jail services.

It is provided for under Republic Act No. 6975, other wise known as the "Department of the Interior and
Local Government Act 1990", that the task of fire protection, and jail management and penology shall be
the responsibility of the Bureau of Fire Protection (BFP) and the Bureau of Jail Management and
Penology (BJMP), respectively.

Moreover, Section 3 of the Republic Act No. 8551, otherwise known as the "Philippine National Police
Reform and Reorganization Act of 1998", provides that in times of national emergency, BFP and the BJMP
along with the Philippine National Police (PNP) shall, upon the direction of the President, assist the
Armed Forces of the Philippines (AFP) in meeting the national emergency, in addition to the performance
of their inherent functions as mandated by law.

It is therefore recognized that the uniformed personnel of the BFP and the BJMP, as member of the
uniformed service of the government under the Department of the Interior and Local Government (DILG),
are required the same amount of sacrifice, service and dedication like their counterparts in the4 PNP and
the AFP to carry out their respective duties to the extent of risking their lives and limbs.

Towards this end, the State shall provide for the Professionalization and restructuring of the BFP and the
BJMP by upgrading the level of qualifications of their uniformed personnel and standardizing their base
pay, retirement and other benefits, making it at par with those of the PNP and the AFP.