AN ACT PROVIDING FOR A LOCAL GOVERNMENT CODE OF

1991
Republic Act No. 7160
October 10, 1991
Building sustainable cities - and a sustainable future - will need open
dialogue among all branches of national, regional and local government.
And it will need the engagement of all stakeholders - including the private
sector and civil society, and especially the poor and marginalized
-Ban Ki-moon
OVERVIEW
Republic Act No. 7160, otherwise known as AN ACT PROVIDING FOR
A LOCAL GOVERNMENT CODE OF 1991.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.
LGUs AS ENVIRONMENTAL PARTNERS
Department of Environment and Natural Resources (DENR) is the one
tasked as the primary government agency responsible for the conservation
management, development and proper use of the countrys environment and
natural resources for the welfare of the present and future generations of
Filipinos. However this does not mean that DENR is the designated and
lead agency responsible for the conservation. DENR cannot protect,
conserve, and sustainably manage the environment on their own. Other units
of the government, such as Local Government Units (LGUs), also have
corresponding obligation as regards environmental management and
protection.
Local Government units (LGUs), on the other hand, are the political
subdivision[s] of a nation or state which [are] constituted by law and [have]
substantial control of local affairs.1 LGUs share responsibility in enforcing
1 PHILIPPINE CONSTITUTION, Article X, Section 1

environmental laws with the DENR. And to attain a common goal of

providing a healthful and balanced ecology for the present and future
generations, there must be a common understanding of the laws and
regulations they are mandated to enforce.
It is important to level off with different LGUs as environmental partners in
the stewardship of the region's environment and natural resources to
harmonize all efforts and to re-align policies according to relevant laws for
environmental protection.
ROLES OF LGUS IN ENFORCING ENVIRONMENTAL LAWS
Primary responsibility for the implementation and enforcement of
Environmental Laws as a result of devolution of functions from the
DENR to LGU.2
o Forest Management Functions
-Provinces and municipalities now have the power to
enforce forestry laws, rules, and regulations in
community based forestry project areas, community
watersheds and communal forests. Although there is no
forest management function assigned to barangays. They
may be designated or deputized by DENR upon prior
consultation with the local chief executives.
Duty to enforce all fishery laws within its jurisdiction or within
municipal waters (provided they are not included within the protected
areas defined under RA No. 7586 or The NIPAS LAW) defined by
Philippine Fisheries Code.3
Participate in granting of demarcated fishery rights, the prohibition or
limitation of fishery activities, and the registration of fish, hatcheries,
fish breeding facilities and private fishponds.

2 Section17 R.A. 7160, Basic Services and Facilities. Retrieved October 25, 2016, from
http://www.lawphil.net/statutes/repacts/ra1991/ra_7160_1991.html
3 Philippine Fisheries Code

 Primary responsibility to implement the provisions of Solid Waste

Management Act and to promulgate such ordinance based on police
power.4
Participate in Planning and Development Officer (PDO) or
Environmental Natural Resources Officer (ENRO) of city or
municipal
governments
directly
affected
by
proposed
environmentally critical projects are invited as Resource Persons of
EIA Review Committee, who will partake whether to issue an
Environmental Compliance Certificate (ECC).5

LAWS UNDER LOCAL GOVERNMENT CODE THAT HAVE

IMPACT IN THE ENVIRONMENT
LOCALGOVERNMENTCODEOFTHEPHILIPPINES,DEVOLVINGCERTAINFUNCTIONS
TOLGUS,INCLUDINGTHEENFORCEMENTOFLAWSONCLEANLINESSAND
SANITATION,ANDPREPARATIONOFTHEIRRESPECTIVESOLIDWASTE
MANAGEMENTPROGRAMS
General Power and Attributes of Local Government Units
Section 17. Basic Services and Facilities.
(b) Such basic services and facilities include, but are not limited to, the following:
(1) For a Barangay:
(iii) Services and facilities related to general hygiene and sanitation, beautification, and solid
waste collection;
(3) For a Province:
(iii) Pursuant to national policies and subject to supervision, control and review of the DENR,
enforcement of forestry laws limited to community-based forestry projects, pollution control law,
small-scale mining law, and other laws on the protection of the environment; and mini-hydro
electric projects for local purposes;
Intergovernmental Relations
National Government and Local Government Units
Section 26. Duty of National Government Agencies in the Maintenance of Ecological Balance. - It
shall be the duty of every national agency or government owned or controlled corporation authorizing or
involved in the planning and implementation of any project or program that may cause pollution, climatic
change, depletion of non-renewable resources, loss of cropland, rangeland, or forest cover, and extinction

4 Ecological Solid Waste Management Act

5 Environmental Impact assessment Memorandum Circular No. 2010-14, 5.1

of animal or plant species, to consult with the local government units, nongovernmental organizations, and
other sectors concerned and explain the goals and objectives of the project or program, its impact upon the
people and the community in terms of environmental or ecological balance, and the measures that will be
undertaken to prevent or minimize the adverse effects thereof
LOCAL GOVERNMENT UNITS
THE BARANGAY
The Punong Barangay
Section 389. Chief Executive: Powers, Duties, and Functions.
(b) For efficient, effective and economical governance, the purpose of which is the general welfare of the
barangay and its inhabitants pursuant to Section 16 of this Code, the punong barangay shall:
(9) Enforce laws and regulations relating to pollution control and protection of the environment; TITLE II
THE MUNICIPALITY
Officials and Officer Common to Old Municipalities
The Sangguniang Bayan
Section 447. Powers, Duties, Functions and Compensation.
(a) The sangguniang bayan, as the legislative body of the municipality, shall enact ordinances, approve
resolutions and appropriate funds for the general welfare of the municipality and its inhabitants pursuant to
Section 16 of this Code and in the proper exercise of the corporate powers of the municipality as provided
for under Section 22 of this Code, and shall:
(1) Approve ordinances and pass resolutions necessary for an efficient and effective municipal government,
and in this connection shall:
(vi) Protect the environment and impose appropriate penalties for acts which endanger the
environments, such as dynamite fishing and other forms of destructive fishing, illegal logging and
smuggling of logs, smuggling of natural resources products and of endangered species of flora and
fauna, slash-and-burn farming, and such other activities which result in pollution, acceleration of
eutrophication of rivers and lakes or of ecological imbalance;
(5) Approve ordinances which shall ensure the efficient and effective delivery of the basic services and
facilities as provided for under Section 17 of this Code, and in addition to said services and facilities, shall:
(xiii) Provide for an efficient and effective system of solid waste and garbage collection and
disposal and prohibit littering and the placing or throwing of garbage, refuse and other filth and
wastes;
THE CITY CHAPTER
City Officials in General
Section 454. Officials of the City Government.
(b) In addition thereto, the city mayor may appoint a city architect, a city information officer, a city
agriculturist, a city population officer, a city environment and natural resources officer, and a city
cooperatives officer.
The appointment of a city population officer shall be optional in the city: Provided, however, That cities
which have existing population offices shall continue to maintain such offices for a period of five (5) years
from the date of the effectivity of this Code, after which said offices shall become optional.

Officials and Offices Common to all Cities

The Sangguniang Panlungsod
Section 458. Powers, Duties, Functions and Compensation.
(a) The sangguniang panlungsod, as the legislative body of the city, shall enact ordinances, approve
resolutions and appropriate funds for the general welfare of the city and its inhabitants pursuant to Section
16 of this Code and in the proper exercise of the corporate powers of the city as provided for under Section
22 of this Code, and shall:
(1) Approve ordinances and pass resolutions necessary for an efficient and effective city government, and
in this connection, shall:
(vi) Protect the environment and impose appropriate penalties for acts which endanger the
environment, such as dynamite fishing and other forms of destructive fishing, illegal logging and
smuggling of logs, smuggling of natural resources products and of endangered species of flora and
fauna, slash-andburn farming, and such other activities which result in pollution, acceleration of
eutrophication of rivers and lakes or of ecological imbalance;
(4) Regulate activities relative to the use of land, buildings and structures within the city in order to
promote the general welfare and for said purpose shall:
(iii) Regulate the disposal of clinical and other wastes from hospitals, clinics and other similar
establishments;
(5) Approve ordinances which shall ensure the efficient and effective delivery of the basic services and
facilities as provided for under Section 17 of this Code, and in addition to said services and facilities, shall:
Officials and Offices Common to All Provinces
The Sangguniang Panlalawigan
Section 468. Powers, Duties, Functions and Compensation.
(a) The Sangguniang panlalawigan, as the legislative body of the province, shall enact ordinances, approve
resolutions and appropriate funds for the general welfare of the province and its inhabitants pursuant to
Section 16 of this Code and in the proper exercise of the corporate powers of the province as provided for
under Section 22 of this Code, and shall:
(1) Approve ordinances and pass resolution necessary for an efficient and effective provincial government
and, in this connection, shall:
(vi) Protect the environment and impose appropriate penalties for acts which endanger the
environment, such as dynamite fishing and other forms of destructive fishing, illegal logging and
smuggling of logs, smuggling of natural resources products and of endangered species of flora and
fauna, slash-and-burn farming, and such other activities which result in pollution, acceleration of
eutrophication of rivers and lakes or of ecological imbalance;
(4) Approve ordinances which shall ensure the efficient and effective delivery of the basic services and
facilities as provided for under Section 17 of this Code, and, in addition to said services and facilities, shall:
(i) Adopt measures and safeguards against pollution and for the preservation of the natural ecosystem in the
province, in consonance with approved standards on human settlements and environmental sanitation;
Section 535. Separability Clause. - If, for any reason or reasons, any part or provisions of this Code shall be
held to be unconstitutional or invalid, other parts or provisions hereof which are not affected thereby shall
continue to be in full force and effect.

Section 536. Effectivity Clause. - This Code shall take effect on January first, nineteen hundred ninetytwo, unless otherwise provided herein, after its complete publication in at least one (1) newspaper of
general circulation.

JURISPRUDENCE
SC Declares GRP-MILF MOA-AD Unconstitutional
The Government and the MILF were scheduled to sign a Memorandum of
Agreement on the Ancestral Domain (MOA-AD) aspect of the GRP-MILF
Tripoli Agreement on Peace of 2001 in Kuala Lumpur, Malaysia. The GRPMILF agreement is the result of a formal peace talks between the parties in
Tripoli, Libya in 2001. The pertinent provisions in the MOA-AD provides
for the establishment of an associative relationship between the Bangsamoro
Juridical Entity (BJE) and the Central Government. It speaks of the
relationship between the BJE and the Philippine government as
associative, thus implying an international relationship and therefore
suggesting an autonomous state. Furthermore, under the MOA-AD, the GRP
Peace Panel guarantees that necessary amendments to the Constitution and
the laws will eventually be put in place. SC Declares GRP-MILF MOA-AD
Unconstitutional
RA 7160 (the Local Government Code of 1991) requires all national offices
to conduct consultations before any project or program critical to the
environment and human ecology including those that may call for the
eviction of a particular group of people residing in such locality, is
implemented therein. The MOA-AD is one peculiar program that
unequivocally and unilaterally vests ownership of a vast territory to the
Bangsamoro people, which could pervasively and drastically result to the
diaspora or displacement of a great number of inhabitants from their total
environment.6

6 Memorandum of Agreement on the Ancestral Domain Aspect of The Grp-Milf Tripoli Agreement
on Peace Of 2001