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Republic Act No.

7160 October 10, 1991 government units shall be given more will meet the priority needs and service
Setion 41(b) Amended by RA 8553 powers, authority, responsibilities, and requirements of its communities;
Setion 43 Amended by RA 8553 resources. The process of decentralization
shall proceed from the national (c) Subject to civil service law, rules and
AN ACT PROVIDING FOR A LOCAL government to the local government units. regulations, local officials and employees
GOVERNMENT CODE OF 1991 paid wholly or mainly from local funds shall
(b) It is also the policy of the State to be appointed or removed, according to
Be it enacted by the Senate and House of ensure the accountability of local merit and fitness, by the appropriate
Representatives of the Philippines in Congress government units through the institution of appointing authority;
assembled:: effective mechanisms of recall, initiative
and referendum. (d) The vesting of duty, responsibility, and
BOOK I accountability in local government units
GENERAL PROVISIONS (c) It is likewise the policy of the State to shall be accompanied with provision for
require all national agencies and offices to reasonably adequate resources to
conduct periodic consultations with discharge their powers and effectively
TITLE I appropriate local government units, carry out their functions: hence, they shall
BASIC PRINCIPLES nongovernmental and people's have the power to create and broaden their
organizations, and other concerned sectors own sources of revenue and the right to a
CHAPTER I of the community before any project or just share in national taxes and an
The Code: Policy and Application program is implemented in their respective equitable share in the proceeds of the
jurisdictions.
1awphil.net utilization and development of the national
Section 1. Title. - This Act shall be known and cited wealth within their respective areas;
as the "Local Government Code of 1991". Section 3. Operative Principles of
Decentralization. - The formulation and (e) Provinces with respect to component
Section 2. Declaration of Policy. - implementation of policies and measures on local cities and municipalities, and cities and
autonomy shall be guided by the following operative municipalities with respect to component
principles: barangays, shall ensure that the acts of
(a) It is hereby declared the policy of the their component units are within the scope
State that the territorial and political of their prescribed powers and functions;
subdivisions of the State shall enjoy (a) There shall be an effective allocation
genuine and meaningful local autonomy to among the different local government units
enable them to attain their fullest of their respective powers, functions, (f) Local government units may group
development as self-reliant communities responsibilities, and resources; themselves, consolidate or coordinate their
and make them more effective partners in efforts, services, and resources commonly
the attainment of national goals. Toward (b) There shall be established in every beneficial to them;
this end, the State shall provide for a more local government unit an accountable,
responsive and accountable local efficient, and dynamic organizational (g) The capabilities of local government
government structure instituted through a structure and operating mechanism that units, especially the municipalities and
system of decentralization whereby local barangays, shall be enhanced by providing
them with opportunities to participate (m) The national government shall ensure (c) The general welfare provisions in this
actively in the implementation of national that decentralization contributes to the Code shall be liberally interpreted to give
programs and projects; continuing improvement of the more powers to local government units in
performance of local government units and accelerating economic development and
(h) There shall be a continuing mechanism the quality of community life. upgrading the quality of life for the people
to enhance local autonomy not only by in the community;
legislative enabling acts but also by Section 4. Scope of Application. - This Code shall
administrative and organizational reforms; apply to all provinces, cities, municipalities, (d) Rights and obligations existing on the
barangays, and other political subdivisions as may date of effectivity of this Code and arising
(i) Local government units shall share with be created by law, and, to the extent herein out of contracts or any other source of
the national government the responsibility provided, to officials, offices, or agencies of the presentation involving a local government
in the management and maintenance of national government. unit shall be governed by the original terms
ecological balance within their territorial and conditions of said contracts or the law
jurisdiction, subject to the provisions of this Section 5. Rules of Interpretation. - In the in force at the time such rights were vested;
Code and national policies; interpretation of the provisions of this Code, the and
following rules shall apply:
(j) Effective mechanisms for ensuring the (e) In the resolution of controversies arising
accountability of local government units to (a) Any provision on a power of a local under this Code where no legal provision
their respective constituents shall be government unit shall be liberally or jurisprudence applies, resort may be
strengthened in order to upgrade interpreted in its favor, and in case of doubt, had to the customs and traditions in the
continually the quality of local leadership; any question thereon shall be resolved in place where the controversies take place.
favor of devolution of powers and of the
(k) The realization of local autonomy shall lower local government unit. Any fair and CHAPTER II
be facilitated through improved reasonable doubt as to the existence of the General Powers and Attributes of Local
coordination of national government power shall be interpreted in favor of the Government Units
policies and programs an extension of local government unit concerned;
adequate technical and material assistance Section 6. Authority to Create Local Government
to less developed and deserving local (b) In case of doubt, any tax ordinance or Units. - A local government unit may be created,
government units; revenue measure shall be construed divided, merged, abolished, or its boundaries
strictly against the local government unit substantially altered either by law enacted by
(l) The participation of the private sector in enacting it, and liberally in favor of the Congress in the case of a province, city,
local governance, particularly in the taxpayer. Any tax exemption, incentive or municipality, or any other political subdivision, or by
delivery of basic services, shall be relief granted by any local government unit ordinance passed by the sangguniang panlalawigan
encouraged to ensure the viability of local pursuant to the provisions of this Code or sangguniang panlungsod concerned in the case
autonomy as an alternative strategy for shall be construed strictly against the of a barangay located within its territorial jurisdiction,
sustainable development; and person claiming it. subject to such limitations and requirements
prescribed in this Code.
Section 7. Creation and Conversion. - As a general Section 8. Division and Merger. - Division and political unit or units directly affected. Said plebiscite
rule, the creation of a local government unit or its merger of existing local government units shall shall be conducted by the Commission on Elections
conversion from one level to another level shall be comply with the same requirements herein (COMELEC) within one hundred twenty (120) days
based on verifiable indicators of viability and prescribed for their creation: Provided, however, from the date of effectivity of the law or ordinance
projected capacity to provide services, to wit: That such division shall not reduce the income, effecting such action, unless said law or ordinance
population, or land area of the local government unit fixes another date.
(a) Income. - It must be sufficient, based or units concerned to less than the minimum
on acceptable standards, to provide for all requirements prescribed in this Code: Provided, Section 11. Selection and Transfer of Local
essential government facilities and further, That the income classification of the original Government Site, Offices and Facilities. -
services and special functions local government unit or units shall not fall below its
commensurate with the size of its current classification prior to such division.
(a) The law or ordinance creating or
population, as expected of the local merging local government units shall
government unit concerned; The income classification of local government units specify the seat of government from where
shall be updated within six (6) months from the governmental and corporate services shall
(b) Population. - It shall be determined as effectivity of this Code to reflect the changes in their be delivered. In selecting said site, factors
the total number of inhabitants within the financial position resulting from the increased relating to geographical centrality,
territorial jurisdiction of the local revenues as provided herein. accessibility, availability of transportation
government unit concerned; and and communication facilities, drainage and
Section 9. Abolition of Local Government Units. - A sanitation, development and economic
(c) Land Area. - It must be contiguous, local government unit may be abolished when its progress, and other relevant
unless it comprises two or more islands or income, population, or land area has been considerations shall be taken into account.
is separated by a local government unit irreversibly reduced to less than the minimum
independent of the others; properly standards prescribed for its creation under Book III (b) When conditions and developments in
identified by metes and bounds with of this Code, as certified by the national agencies the local government unit concerned have
technical descriptions; and sufficient to mentioned in Section 7 hereof to Congress or to the significantly changed subsequent to the
provide for such basic services and sangguniang concerned, as the case may be. establishment of the seat of government,
facilities to meet the requirements of its its sanggunian may, after public hearing
populace. The law or ordinance abolishing a local government and by a vote of two-thirds (2/3) of all its
unit shall specify the province, city, municipality, or members, transfer the same to a site better
Compliance with the foregoing indicators barangay with which the local government unit suited to its needs. Provided, however,
shall be attested to by the Department of sought to be abolished will be incorporated or That no such transfer shall be made
Finance (DOF), the National Statistics merged. outside the territorial boundaries of the
Office (NSO), and the Lands Management local government unit concerned.
Bureau (LMB) of the Department of Section 10. Plebiscite Requirement. - No creation,
Environment and Natural Resources division, merger, abolition, or substantial alteration The old site, together with the
(DENR). of boundaries of local government units shall take improvements thereon, may be disposed of
effect unless approved by a majority of the votes by the sale or lease or converted to such
cast in a plebiscite called for the purpose in the other use as the sangguniang concerned
may deem beneficial to the local (1) Component cities and (2) City roads, avenues,
government unit concerned and its municipalities, upon the boulevards, thoroughfares, and
inhabitants. recommendation of the bridges;
sanggunian concerned;
(c) Local government offices and facilities (3) Public elementary, secondary
shall not be transferred, relocated, or (2) Provincial roads, avenues, and vocational or technical
converted to other uses unless public boulevards, thoroughfares, and schools, community colleges and
hearings are first conducted for the bridges; non-chartered colleges;
purpose and the concurrence of the
majority of all the members of the (3) Public vocational or technical (4) City hospitals, health centers
sanggunian concerned is obtained. schools and other post-secondary and other health facilities; and
and tertiary schools;
Section 12. Government Centers. - Provinces, (5) Any other public place or
cities, and municipalities shall endeavor to establish (4) Provincial hospitals, health building owned by the city
a government center where offices, agencies, or centers, and other health facilities; government.
branches of the national government, local and
government units, or government-owned or
controlled corporations may, as far as practicable, (c) The sanggunians of component cities
be located. In designating such a center, the local (5) Any other public place or and municipalities may, in consultation with
government unit concerned shall take into account building owned by the provincial the Philippine Historical Commission,
the existing facilities of national and local agencies government. change the name of the following within its
and offices which may serve as the government territorial jurisdiction:
center as contemplated under this Section. The (b) The sanggunian of highly urbanized
national government, local government unit or cities and of component cities whose (1) City and municipal barangays,
government-owned or controlled corporation charters prohibit their voters from voting for upon recommendation of the
concerned shall bear the expenses for the provincial elective officials, hereinafter sangguniang barangay concerned;
construction of its buildings and facilities in the referred to in this Code as independent
government center. component cities, may, in consultation with (2) City, municipal and barangay
the Philippine Historical Commission, roads, avenues, boulevards,
Section 13. Naming of Local Government Units and change the name of the following within its thoroughfares, and bridges;
Public Places, Streets and Structures. - territorial jurisdiction:
(3) City and municipal public
(a) The sangguniang panlalawigan may, in (1) City barangays, upon the elementary, secondary and
consultation with the Philippine Historical recommendation of the vocational or technical schools,
Commission (PHC), change the name of sangguniang barangay concerned; post- secondary and other tertiary
the following within its territorial jurisdiction: schools;
(4) City and municipal hospitals, (h) In any change of name, the Office of residents, maintain peace and order, and preserve
health centers and other health the President, the representative of the the comfort and convenience of their inhabitants.
facilities; and legislative district concerned, and the
Bureau of Posts shall be notified. Section 17. Basic Services and Facilities. -
(5) Any other public place or
building owned by the municipal Section 14. Beginning of Corporate Existence. - (a) Local government units shall endeavor
government. When a new local government unit is created, its to be self-reliant and shall continue
corporate existence shall commence upon the exercising the powers and discharging the
(d) None of the foregoing local government election and qualification of its chief executive and a duties and functions currently vested upon
units, institutions, places, or buildings shall majority of the members of its sanggunian, unless them. They shall also discharge the
be named after a living person, nor may a some other time is fixed therefor by the law or functions and responsibilities of national
change of name be made unless for a ordinance creating it. agencies and offices devolved to them
justifiable reason and, in any case, not pursuant to this Code. Local government
oftener than once every ten (10) years. Section 15. Political and Corporate Nature of Local units shall likewise exercise such other
The name of a local government unit or a Government Units. - Every local government unit powers and discharge such other functions
public place, street or structure with created or recognized under this Code is a body and responsibilities as are necessary,
historical, cultural, or ethnic significance politic and corporate endowed with powers to be appropriate, or incidental to efficient and
shall not be changed, unless by a exercised by it in conformity with law. As such, it effective provisions of the basic services
unanimous vote of the sanggunian shall exercise powers as a political subdivision of and facilities enumerated herein.
concerned and in consultation with the the national government and as a corporate entity
PHC. representing the inhabitants of its territory. (b) Such basic services and facilities
include, but are not limited to, the following:
(e) A change of name of a public school Section 16. General Welfare. - Every local
shall be made only upon the government unit shall exercise the powers expressly (1) For Barangay:
recommendation of the local school board granted, those necessarily implied therefrom, as
concerned. well as powers necessary, appropriate, or incidental
for its efficient and effective governance, and those (i) Agricultural support
which are essential to the promotion of the general services which include
(f) A change of name of public hospitals, planting materials
health centers, and other health facilities welfare. Within their respective territorial
jurisdictions, local government units shall ensure distribution system and
shall be made only upon the operation of farm
recommendation of the local health board and support, among other things, the preservation
and enrichment of culture, promote health and produce collection and
concerned. buying stations;
safety, enhance the right of the people to a
balanced ecology, encourage and support the
(g) The change of name of any local development of appropriate and self-reliant scientific (ii) Health and social
government unit shall be effective only and technological capabilities, improve public welfare services which
upon ratification in a plebiscite conducted morals, enhance economic prosperity and social include maintenance of
for the purpose in the political unit directly justice, promote full employment among their barangay health center
affected. and day-care center;
(iii) Services and poultry, fingerlings, and kilometers;
facilities related to other seedling materials establishment of tree
general hygiene and for aquaculture; palay, parks, greenbelts, and
sanitation, beautification, corn, and vegetable similar forest
and solid waste seed farms; medicinal development projects;
collection; plant gardens; fruit tree,
coconut, and other kinds (iii) Subject to the
(iv) Maintenance of of seedling nurseries; provisions of Title Five,
katarungang demonstration farms; Book I of this Code,
pambarangay; quality control of copra health services which
and improvement and include the
development of local implementation of
(v) Maintenance of distribution channels,
barangay roads and programs and projects
preferably through on primary health care,
bridges and water supply cooperatives;
systems; maternal and child care,
interbarangay irrigation and communicable and
system; water and soil non-communicable
(vi) Infrastructure resource utilization and disease control services,
facilities such as multi- conservation projects; access to secondary and
purpose hall, and enforcement of tertiary health services;
multipurpose pavement, fishery laws in municipal purchase of medicines,
plaza, sports center, and waters including the medical supplies, and
other similar facilities; conservation of equipment needed to
mangroves; carry out the services
(vii) Information and herein enumerated;
reading center; and (ii) Pursuant to national
policies and subject to (iv) Social welfare
(viii) Satellite or public supervision, control and services which include
market, where viable; review of the DENR, programs and projects
implementation of on child and youth
community-based welfare, family and
(2) For a Municipality: forestry projects which community welfare,
include integrated social women's welfare, welfare
(i) Extension and on-site forestry programs and of the elderly and
research services and similar projects; disabled persons;
facilities related to management and control community-based
agriculture and fishery of communal forests with rehabilitation programs
activities which include an area not exceeding for vagrants, beggars,
dispersal of livestock and fifty (50) square street children,
scavengers, juvenile which are funded out of and security services for
delinquents, and victims municipal funds including such facilities; and
of drug abuse; livelihood but not limited to,
and other pro-poor municipal roads and (xii) Sites for police and
projects; nutrition bridges; school buildings fire stations and
services; and family and other facilities for substations and
planning services; public elementary and municipal jail;
secondary schools;
(v) Information services clinics, health centers
and other health facilities (3) For a Province:
which include
investments and job necessary to carry out
placement information health services; (i) Agricultural extension
systems, tax and communal irrigation, and on-site research
marketing information small water impounding services and facilities
systems, and projects and other similar which include the
maintenance of a public projects; fish ports; prevention and control of
library; artesian wells, spring plant and animal pests
development, rainwater and diseases; dairy
collectors and water farms, livestock markets,
(vi) Solid waste disposal supply systems; animal breeding stations,
system or environmental seawalls, dikes, drainage and artificial
management system and sewerage, and flood insemination centers;
and services or facilities control; traffic signals and assistance in the
related to general and road signs; and organization of farmers
hygiene and sanitation; similar facilities; and fishermen's
cooperatives, and other
(vii) Municipal buildings, (ix) Public markets, collective organizations,
cultural centers, public slaughterhouses and as well as the transfer of
parks including freedom other municipal appropriate technology;
parks, playgrounds, and enterprises;
other sports facilities and (ii) Industrial research
equipment, and other and development
similar facilities; (x) Public cemetery;
services, as well as the
transfer of appropriate
(viii) Infrastructure (xi) Tourism facilities and technology;
facilities intended other tourist attractions,
primarily to service the including the acquisition
of equipment, regulation (iii) Pursuant to national
needs of the residents of policies and subject to
the municipality and and supervision of
business concessions, supervision, control and
review of the DENR, service the needs of the (x) Upgrading and
enforcement of forestry residence of the province modernization of tax
laws limited to and which are funded information and
community-based out of provincial funds collection services
forestry projects, including, but not limited through the use of
pollution control law, to, provincial roads and computer hardware and
small-scale mining law, bridges; inter-municipal software and other
and other laws on the waterworks, drainage means;
protection of the and sewerage, flood
environment; and mini- control, and irrigation (xi) Inter-municipal
hydroelectric projects for systems; reclamation telecommunications
local purposes; projects; and similar services, subject to
facilities; national policy guidelines;
(iv) Subject to the and
provisions of Title Five, (viii) Programs and
Book I of this Code, projects for low-cost (xii) Tourism
health services which housing and other mass development and
include hospitals and dwellings, except those promotion programs;
other tertiary health funded by the Social
services; Security System (SSS),
Government Service (4) For a City:
(v) Social welfare Insurance System p. 172
services which include (GSIS), and the Home All the services and facilities of
programs and projects Development Mutual the municipality and province, and
on rebel returnees and Fund (HDMF): Provided, in addition thereto, the following:
evacuees; relief That national funds for
operations; and these programs and (1) Adequate
population development projects shall be communication and
services; equitably allocated transportation facilities;
among the regions in
proportion to the ratio of
(vi) Provincial buildings, the homeless to the (c) Notwithstanding the provisions of
provincial jails, freedom population; subsection (b) hereof, public works and
parks and other public infrastructure projects and other facilities,
assembly areas and programs and services funded by the
similar facilities; (ix) Investment support national government under the annual
services, including General Appropriations Act, other special
access to credit laws, pertinent executive orders, and those
(vii) Infrastructure financing;
facilities intended to wholly or partially funded from foreign
sources, are not covered under this
Section, except in those cases where the (g) The basic services and facilities corresponding to the devolved powers,
local government unit concerned is duly hereinabove enumerated shall be funded functions, and responsibilities.
designated as the implementing agency for from the share of local government units in
such projects, facilities, programs, and the proceeds of national taxes and other Personnel of said national agencies or
services. local revenues and funding support from offices shall be absorbed by the local
the national government, its government units to which they belong or
(d) The designs, plans, specifications, instrumentalities and government-owned or in whose areas they are assigned to the
testing of materials, and the procurement controlled corporations which are tasked extent that it is administratively viable as
of equipment and materials at P170 from by law to establish and maintain such determined by the said oversight
both foreign and local sources necessary services or facilities. Any fund or resource committee: Provided, That the rights
for the provision of the foregoing services available for the use of local government accorded to such personnel pursuant to
and facilities shall be undertaken by the units shall be first allocated for the civil service law, rules and regulations shall
local government unit concerned, based on provision of basic services or facilities not be impaired: Provided, further, That
national policies, standards and guidelines. enumerated in subsection (b) hereof before regional directors who are career executive
applying the same for other purposes, service officers and other officers of similar
unless otherwise provided in this Code. rank in the said regional offices who cannot
(e) National agencies or offices concerned
shall devolve to local government units the be absorbed by the local government unit
responsibility for the provision of basic (h) Regional offices of national agencies or shall be retained by the national
services and facilities enumerated in this offices whose functions are devolved to government, without any diminution of rank,
Section within six (6) months after the local government units as provided herein salary or tenure.
effectivity of this Code. shall be phased out within one (1) year
from the approval of this Code. Said (j) To ensure the active participation of the
national agencies and offices may private sector in local governance, local
As used in this Code, the term "devolution" establish such field units as may be
refers to the act by which the national government units may, by ordinance, sell,
necessary for monitoring purposes and lease, encumber, or otherwise dispose of
government confers power and authority providing technical assistance to local
upon the various local government units to public economic enterprises owned by
government units. The properties, them in their proprietary capacity.
perform specific functions and equipment, and other assets of these
responsibilities. regional offices shall be distributed to the
local government units in the region in Costs may also be charged for the delivery
(f) The national government or the next accordance with the rules and regulations of basic services or facilities enumerated in
higher level of local government unit may issued by the oversight committee created this Section.
provide or augment the basic services and under this Code.
facilities assigned to a lower level of local Section 18. Power to Generate and Apply
government unit when such services or (i) The devolution contemplated in this Resources. - Local government units shall have the
facilities are not made available or, if made Code shall include the transfer to local power and authority to establish an organization that
available, are inadequate to meet the government units of the records, shall be responsible for the efficient and effective
requirements of its inhabitants. equipment, and other assets and implementation of their development plans, program
personnel of national agencies and offices objectives and priorities; to create their own sources
of revenues and to levy taxes, fees, and charges the amount to be paid for the expropriated property reform beneficiaries pursuant to
which shall accrue exclusively for their use and shall be determined by the proper court, based on Republic Act Numbered Sixty-six
disposition and which shall be retained by them; to the fair market value at the time of the taking of the hundred fifty-seven (R.A. No.
have a just share in national taxes which shall be property. 6657). otherwise known as "The
automatically and directly released to them without Comprehensive Agrarian Reform
need of any further action; to have an equitable Section 20. Reclassification of Lands. - Law", shall not be affected by the
share in the proceeds from the utilization and said reclassification and the
development of the national wealth and resources conversion of such lands into
within their respective territorial jurisdictions (a) A city or municipality may, through an other purposes shall be governed
including sharing the same with the inhabitants by ordinance passed by the sanggunian after by Section 65 of said Act.
way of direct benefits; to acquire, develop, lease, conducting public hearings for the purpose,
encumber, alienate, or otherwise dispose of real or authorize the reclassification of agricultural
lands and provide for the manner of their (b) The President may, when public
personal property held by them in their proprietary interest so requires and upon
capacity and to apply their resources and assets for utilization or disposition in the following
cases: (1) when the land ceases to be recommendation of the National Economic
productive, developmental, or welfare purposes, in and Development Authority, authorize a
the exercise or furtherance of their governmental or economically feasible and sound for
agricultural purposes as determined by the city or municipality to reclassify lands in
proprietary powers and functions and thereby excess of the limits set in the next
ensure their development into self-reliant Department of Agriculture or (2) where the
land shall have substantially greater preceding paragraph.
communities and active participants in the
attainment of national goals. economic value for residential, commercial,
or industrial purposes, as determined by (c) The local government units shall, in
the sanggunian concerned: Provided, That conformity with existing laws, continue to
Section 19. Eminent Domain. - A local government such reclassification shall be limited to the prepare their respective comprehensive
unit may, through its chief executive and acting following percentage of the total land use plans enacted through zoning
pursuant to an ordinance, exercise the power of agricultural land area at the time of the ordinances which shall be the primary and
eminent domain for public use, or purpose or passage of the ordinance: dominant bases for the future use of land
welfare for the benefit of the poor and the landless, resources: Provided. That the
upon payment of just compensation, pursuant to the requirements for food production, human
provisions of the Constitution and pertinent laws: (1) For highly urbanized and
independent component cities, settlements, and industrial expansion shall
Provided, however, That the power of eminent be taken into consideration in the
domain may not be exercised unless a valid and fifteen percent (15%);
preparation of such plans.
definite offer has been previously made to the
owner, and such offer was not accepted: Provided, (2) For component cities and first
further, That the local government unit may to the third class municipalities, (d) Where approval by a national agency is
immediately take possession of the property upon ten percent (10%); and required for reclassification, such approval
the filing of the expropriation proceedings and upon shall not be unreasonably withheld. Failure
making a deposit with the proper court of at least to act on a proper and complete application
(3) For fourth to sixth class for reclassification within three (3) months
fifteen percent (15%) of the fair market value of the municipalities, five percent (5%):
property based on the current tax declaration of the from receipt of the same shall be deemed
Provided, further, That agricultural as approval thereof.
property to be expropriated: Provided, finally, That, lands distributed to agrarian
(e) Nothing in this Section shall be works and highways, telecommunications, (4) To acquire and convey real or
construed as repealing, amending, or and waterworks projects, the duration of personal property;
modifying in any manner the provisions of which shall be specified by the local chief
R.A. No. 6657. executive concerned in a written order: (5) To enter into contracts; and
Provided, however, That no national or
Section 21. Closure and Opening of Roads. - local road, alley, park, or square shall be
temporarily closed for athletic, cultural, or (6) To exercise such other powers
civic activities not officially sponsored, as are granted to corporations,
(a) A local government unit may, pursuant recognized, or approved by the local subject to the limitations provided
to an ordinance, permanently or government unit concerned. in this Code and other laws.
temporarily close or open any local road,
alley, park, or square falling within its (b) Local government units may continue
jurisdiction: Provided, however, That in (d) Any city, municipality, or barangay may,
by a duly enacted ordinance, temporarily using, modify, or change their existing
case of permanent closure, such ordinance corporate seals: Provided, That newly
must be approved by at least two-thirds close and regulate the use of any local
street, road, thoroughfare, or any other established local government units or
(2/3) of all the members of the sanggunian, those without corporate seals may create
and when necessary, an adequate public place where shopping malls, Sunday,
flea or night markets, or shopping areas their own corporate seals which shall be
substitute for the public facility that is registered with the Department of the
subject to closure is provided. may be established and where goods,
merchandise, foodstuffs, commodities, or Interior and Local Government: Provided,
articles of commerce may be sold and further, That any change of corporate seal
(b) No such way or place or any part dispensed to the general public. shall also be registered as provided hereon.
thereof shall be permanently closed
without making provisions for the (c) Unless otherwise provided in this Code,
maintenance of public safety therein. A Section 22. Corporate Powers. -
no contract may be entered into by the
property thus permanently withdrawn from local chief executive in behalf of the local
public use may be used or conveyed for (a) Every local government unit, as a government unit without prior authorization
any purpose for which other real property corporation, shall have the following by the sanggunian concerned. A legible
belonging to the local government unit powers: copy of such contract shall be posted at a
concerned may be lawfully used or conspicuous place in the provincial capitol
conveyed: Provided, however, That no (1) To have continuous or the city, municipal or barangay hall.
freedom park shall be closed permanently succession in its corporate name;
without provision for its transfer or
relocation to a new site. (d) Local government units shall enjoy full
(2) To sue and be sued; autonomy in the exercise of their
proprietary functions and in the limitations
(c) Any national or local road, alley, park, provided in this Code and other applicable
or square may be temporarily closed (3) To have and use a corporate
seal; laws,
during an actual emergency, or fiesta
celebrations, public rallies, agricultural or
industrial fairs, or an undertaking of public Section 23. Authority to Negotiate and Secure
Grants. - Local chief executives may, upon authority
of the sanggunian, negotiate and secure financial general supervision over local government reports including duly certified budgetary
grants or donations in kind, in support of the basic units to ensure that their acts are within the allocations and expenditures.
services or facilities enumerated under Section 17 scope of their prescribed powers and
hereof, from local and foreign assistance agencies functions. Section 26. Duty of National Government Agencies
without necessity of securing clearance or approval in the Maintenance of Ecological Balance. - It shall
therefor from any department, agency, or office of The President shall exercise supervisory be the duty of every national agency or government-
the national government of from any higher local authority directly over provinces, highly owned or controlled corporation authorizing or
government unit: Provided, That projects financed urbanized cities, and independent involved in the planning and implementation of any
by such grants or assistance with national security component cities; through the province project or program that may cause pollution, climatic
implications shall be approved by the national with respect to component cities and change, depletion of non-renewable resources, loss
agency concerned: Provided, further, That when municipalities; and through the city and of crop land, rangeland, or forest cover, and
such national agency fails to act on the request for municipality with respect to barangays. extinction of animal or plant species, to consult with
approval within thirty (30) days from receipt thereof, the local government units, nongovernmental
the same shall be deemed approved. organizations, and other sectors concerned and
(b) National agencies and offices with
project implementation functions shall explain the goals and objectives of the project or
The local chief executive shall, within thirty (30) coordinate with one another and with the program, its impact upon the people and the
days upon signing of such grant agreement or deed local government units concerned in the community in terms of environmental or ecological
of donation, report the nature, amount, and terms of discharge of these functions. They shall balance, and the measures that will be undertaken
such assistance to both Houses of Congress and ensure the participation of local to prevent or minimize the adverse effects thereof.
the President. government units both in the planning and
implementation of said national projects. Section 27. Prior Consultations Required. - No
Section 24. Liability for Damages. - Local project or program shall be implemented by
government units and their officials are not exempt (c) The President may, upon request of the government authorities unless the consultations
from liability for death or injury to persons or local government unit concerned, direct the mentioned in Sections 2 (c) and 26 hereof are
damage to property. appropriate national agency to provide complied with, and prior approval of the sanggunian
financial, technical, or other forms of concerned is obtained: Provided, That occupants in
CHAPTER III assistance to the local government unit. areas where such projects are to be implemented
Intergovernmental Relations Such assistance shall be extended at no shall not be evicted unless appropriate relocation
extra cost to the local government unit sites have been provided, in accordance with the
concerned. provisions of the Constitution.
ARTICLE I
National Government and Local Government
Units (d) National agencies and offices including ARTICLE II
government-owned or controlled Relations with the Philippine National Police
Section 25. National Supervision over Local corporations with field units or branches in
Government Units. - a province, city, or municipality shall Section 28. Powers of Local Chief Executives over
furnish the local chief executive concerned, the Units of the Philippine National Police. - The
for his information and guidance, monthly extent of operational supervision and control of local
(a) Consistent with the basic policy on local chief executives over the police force, fire protection
autonomy, the President shall exercise
unit, and jail management personnel assigned in conformity with provincial, city, or municipal by the participating local units through Memoranda
their respective jurisdictions shall be governed by ordinances. of Agreement.
the provisions of Republic Act Numbered Sixty-nine
hundred seventy-five (R.A. No. 6975), otherwise (b) If the governor or the city or municipal CHAPTER IV
known as "The Department of the Interior and Local mayor fails to act on said executive orders Relations With People's and Non-Governmental
Government Act of 1990", and the rules and within thirty (30) days after their Organizations
regulations issued pursuant thereto. submission, the same shall be deemed
consistent with law and therefore valid. Section 34. Role of People's and Non-
ARTICLE III governmental Organizations. - Local government
Inter-Local Government Relations Section 31. Submission of Municipal Questions to units shall promote the establishment and operation
the Provincial Legal Officer or Prosecutor. - In the of people's and non-governmental organizations to
Section 29. Provincial Relations with Component absence of a municipal legal officer, the municipal become active partners in the pursuit of local
Cities and Municipalities. - The province, through government may secure the opinion of the provincial autonomy.
the governor, shall ensure that every component legal officer, and in the absence of the latter, that of
city and municipality within its territorial jurisdiction the provincial prosecutor on any legal question Section 35. Linkages with People's and Non-
acts within the scope of its prescribed powers and affecting the municipality. governmental Organizations. - Local government
functions. Highly urbanized cities and independent units may enter into joint ventures and such other
component cities shall be independent of the Section 32. City and Municipal Supervision over cooperative arrangements with people's and non-
province. Their Respective Barangays. - The city or governmental organizations to engage in the
municipality, through the city or municipal mayor delivery of certain basic services, capability-building
Section 30. Review of Executive Orders. - concerned, shall exercise general supervision over and livelihood projects, and to develop local
component barangays to ensure that said enterprises designed to improve productivity and
(a) Except as otherwise provided under the barangays act within the scope of their prescribed income, diversity agriculture, spur rural
Constitution and special statutes, the powers and functions. industrialization, promote ecological balance, and
governor shall review all executive orders enhance the economic and social well-being of the
promulgated by the component city or Section 33. Cooperative Undertakings Among people.
municipal mayor within his jurisdiction. The Local Government Units. - Local government units
city or municipal mayor shall review all may, through appropriate ordinances, group Section 36. Assistance to People's and Non-
executive orders promulgated by the themselves, consolidate, or coordinate their efforts, governmental Organizations. - A local government
punong barangay within his jurisdiction. services, and resources for purposes commonly unit may, through its local chief executive and with
Copies of such orders shall be forwarded beneficial to them. In support of such undertakings, the concurrence of the sanggunian concerned,
to the governor or the city or municipal the local government units involved may, upon provide assistance, financial or otherwise, to such
mayor, as the case may be, within three (3) approval by the sanggunian concerned after a people's and non-governmental organizations for
days from their issuance. In all instances of public hearing conducted for the purpose, contribute economic, socially-oriented, environmental, or
review, the local chief executive concerned funds, real estate, equipment, and other kinds of cultural projects to be implemented within its
shall ensure that such executive orders are property and appoint or assign personnel under territorial jurisdiction.
within the powers granted by law and in such terms and conditions as may be agreed upon
CHAPTER V to be chosen by the organizations (a) There is hereby created a local
Local Prequalification, Bids and Awards themselves; and technical committee in every province, city
Committee and municipality to provide technical
(5) Any practicing certified public assistance to the local prequalification,
Section 37. Local Prequalification, Bids and Awards accountant from the private sector, bids and awards committees. It shall be
Committee (Local PBAC). - to be designated by the local composed of the provincial, city or
chapter of the Philippine Institute municipal engineer, the local planning and
of Certified Public Accountants, if development coordinator, and such other
(a) There is hereby created a local officials designated by the local
prequalification, bids and awards any.
prequalification, bids and awards
committee in every province, city, and committee.
municipality, which shall be primarily Representatives of the
responsible for the conduct of Commission on Audit shall
prequalification of contractors, bidding, observe the proceedings of such (b) The chairman of the local technical
evaluation of bids, and the committee and shall certify that committee shall be designated by the local
recommendation of awards concerning the rules and procedures for prequalification, bids and awards
local infrastructure projects. The governor prequalification, bids and awards committee and shall attend its meeting in
or the city or municipal mayor shall act as have been complied with. order to present the reports and
the chairman with the following as recommendations of the local technical
members: committee.
(b) The agenda and other information
relevant to the meetings of such committee
(1) The chairman of the shall be deliberated upon by the committee TITLE II
appropriations committee of the at least one (1) week before the holding of ELECTIVE OFFICIALS
sanggunian concerned; such meetings.
CHAPTER I
(2) A representative of the (c) All meetings of the committee shall be Qualifications and Election
minority party in the sanggunian held in the provincial capitol or the city or
concerned, if any, or if there be municipal hall. The minutes of such Section 39. Qualifications. -
none, one (1) chosen by said meetings of the committee and any
sanggunian from among its decision made therein shall be duly (a) An elective local official must be a
members; recorded, posted at a prominent place in citizen of the Philippines; a registered voter
the provincial capitol or the city or in the barangay, municipality, city, or
(3) The local treasurer; municipal hall, and delivered by the most province or, in the case of a member of the
expedient means to elective local officials sangguniang panlalawigan, sangguniang
concerned. panlungsod, or sangguniang bayan, the
(4) Two (2) representatives of
non-governmental organizations district where he intends to be elected; a
that are represented in the local Section 38. Local Technical Committee. - resident therein for at least one (1) year
development council concerned, immediately preceding the day of the
election; and able to read and write Filipino (a) Those sentenced by final judgment for katipunan ng kabataan, as provided in this
or any other local language or dialect. an offense involving moral turpitude or for Code.
an offense punishable by one (1) year or
(b) Candidates for the position of governor, more of imprisonment, within two (2) years (b) The regular members of the
vice-governor, or member of the after serving sentence; sangguniang panlalawigan, sangguniang
sangguniang panlalawigan, or mayor, vice- panlungsod, and sangguniang bayan shall
mayor or member of the sangguniang (b) Those removed from office as a result be elected by district, as may be provided
panlungsod of highly urbanized cities must of an administrative case; for by law. Sangguniang barangay
be at least twenty-one (21) years of age on members shall be elected at large. The
election day. (c) Those convicted by final judgment for presidents of the leagues of sanggunian
violating the oath of allegiance to the members of component cities and
(c) Candidates for the position of mayor or Republic; municipalities shall serve as ex officio
vice-mayor of independent component members of the sangguniang panlalawigan
cities, component cities, or municipalities concerned. The presidents of the "liga ng
(d) Those with dual citizenship; mga barangay and the pederasyon ng mga
must be at least twenty-one (21) years of
age on election day. sangguniang kabataan" elected by their
(e) Fugitives from justice in criminal or non- respective chapters, as provided in this
political cases here or abroad; Code, shall serve as ex officio members of
(d) Candidates for the position of member the sangguniang panlalawigan,
of the sangguniang panlungsod or sangguniang panlungsod, and
sangguniang bayan must be at least (f) Permanent residents in a foreign
country or those who have acquired the sangguniang bayan.
eighteen (18) years of age on election day.
right to reside abroad and continue to avail
of the same right after the effectivity of this (c) In addition thereto, there shall be one (1)
(e) Candidates for the position of punong Code; and sectoral representative from the women,
barangay or member of the sangguniang one (1) from the workers, and one (1) from
barangay must be at least eighteen (18) any of the following sectors: the urban poor,
years of age on election day. (g) The insane or feeble-minded.
indigenous cultural communities, disabled
persons, or any other sector as may be
(f) Candidates for the sangguniang Section 41. Manner of Election. - determined by the sanggunian concerned
kabataan must be at least fifteen (15) within ninety (90) days prior to the holding
years of age but not more than twenty-one (a) The governor, vice-governor, city mayor, of the next local elections as may be
(21) years of age on election day. city vice-mayor, municipal mayor, provided for by law. The COMELEC shall
municipal vice-mayor, and punong promulgate the rules and regulations to
Section 40. Disqualifications. - The following barangay shall be elected at large in their effectively provide for the election of such
persons are disqualified from running for any respective units by the qualified voters sectoral representatives.
elective local position: therein. However, the sangguniang
kabataan chairman for each barangay shall Section 42. Date of Election. - Unless otherwise
be elected by the registered voters of the provided by law, the elections for local officials shall
be held every three (3) years on the second Monday of the governor or mayor, the vice-governor or vice- For purposes of succession as provided in the
of May. mayor concerned shall become the governor or Chapter, ranking in the sanggunian shall be
mayor. If a permanent vacancy occurs in the offices determined on the basis of the proportion of votes
Section 43. Term of Office. - of the governor, vice-governor, mayor, or vice- obtained by each winning candidate to the total
mayor, the highest ranking sanggunian member or, number of registered voters in each district in the
in case of his permanent inability, the second immediately preceding local election.
(a) The term of office of all local elective highest ranking sanggunian member, shall become
officials elected after the effectivity of this the governor, vice-governor, mayor or vice-mayor,
Code shall be three (3) years, starting from Section 45. Permanent Vacancies in the
as the case may be. Subsequent vacancies in the Sanggunian. -
noon of June 30, 1992 or such date as said office shall be filled automatically by the other
may be provided for by law, except that of sanggunian members according to their ranking as
elective barangay officials: Provided, That defined herein. (a) Permanent vacancies in the
all local officials first elected during the sanggunian where automatic succession
local elections immediately following the provided above do not apply shall be filled
ratification of the 1987 Constitution shall (b) If a permanent vacancy occurs in the by appointment in the following manner:
serve until noon of June 30, 1992. office of the punong barangay, the highest
ranking sanggunian barangay member or,
in case of his permanent inability, the (1) The President, through the
(b) No local elective official shall serve for second highest ranking sanggunian Executive Secretary, in the case
more than three (3) consecutive terms in member, shall become the punong of the sangguniang panlalawigan
the same position. Voluntary renunciation barangay. and the sangguniang panlungsod
of the office for any length of time shall not of highly urbanized cities and
be considered as an interruption in the independent component cities;
continuity of service for the full term for (c) A tie between or among the highest
which the elective official concerned was ranking sanggunian members shall be
resolved by the drawing of lots. (2) The governor, in the case of
elected. the sangguniang panlungsod of
component cities and the
(c) The term of office of barangay officials (d) The successors as defined herein shall sangguniang bayan;
and members of the sangguniang serve only the unexpired terms of their
kabataan shall be for three (3) years, which predecessors.
(3) The city or municipal mayor, in
shall begin after the regular election of the case of sangguniang
barangay officials on the second Monday For purposes of this Chapter, a permanent barangay, upon recommendation
of May 1994. vacancy arises when an elective local of the sangguniang barangay
official fills a higher vacant office, refuses concerned.
CHAPTER II to assume office, fails to qualify, dies, is
Vacancies and Succession removed from office, voluntarily resigns, or
is otherwise permanently incapacitated to (b) Except for the sangguniang barangay,
discharge the functions of his office. only the nominee of the political party
Section 44. Permanent Vacancies in the Offices of under which the sanggunian member
the Governor, Vice-Governor, Mayor, and Vice- concerned had been elected and whose
Mayor. - If a permanent vacancy occurs in the office elevation to the position next higher in rank
created the last vacancy in the sanggunian limited to, leave of absence, travel abroad, or the highest ranking sangguniang
shall be appointed in the manner and suspension from office, the vice- barangay member, as the case may be,
hereinabove provided. The appointee shall governor, city or municipal vice-mayor, or shall have the right to assume the powers,
come from the same political party as that the highest ranking sangguniang barangay duties, and functions of the said office on
of the sanggunian member who caused the member shall automatically exercise the the fourth (4th) day of absence of the said
vacancy and shall serve the unexpired powers and perform the duties and local chief executive, subject to the
term of the vacant office. In the functions of the local chief executive limitations provided in subsection (c)
appointment herein mentioned, a concerned, except the power to appoint, hereof.
nomination and a certificate of membership suspend, or dismiss employees which can
of the appointee from the highest official of only be exercised if the period of temporary (e) Except as provided above, the local
the political party concerned are conditions incapacity exceeds thirty (30) working days. chief executive shall in no case authorize
sine qua non, and any appointment without any local official to assume the powers,
such nomination and certification shall be (b) Said temporary incapacity shall duties, and functions of the office, other
null and void ab initio and shall be a terminate upon submission to the than the vice-governor, the city or
ground for administrative action against the appropriate sanggunian of a written municipal vice-mayor, or the highest
official responsible therefore. declaration by the local chief executive ranking sangguniang barangay member,
concerned that he has reported back to as the case may be.
(c) In case or permanent vacancy is office. In cases where the temporary
caused by a sanggunian member who incapacity is due to legal causes, the local Section 47. Approval of Leaves of Absence. -
does not belong to any political party, the chief executive concerned shall also
local chief executive shall, upon submit necessary documents showing that
recommendation of the sanggunian said legal causes no longer exist. (a) Leaves of absence of local elective
concerned, appoint a qualified person to fill officials shall be approved as follows:
the vacancy. (c) When the incumbent local chief
executive is traveling within the country but (1) Leaves of absence of the
(d) In case of vacancy in the representation outside his territorial jurisdiction for a governor and the mayor of a
of the youth and the barangay in the period not exceeding three (3) consecutive highly urbanized city or an
sanggunian, said vacancy shall be filled days, he may designate in writing the independent component city shall
automatically by the official next in rank of officer-in-charge of the said office. Such be approved by the President or
the organization concerned. authorization shall specify the powers and his duly authorized representative;
functions that the local official concerned
Section 46. Temporary Vacancy in the Office of the shall exercise in the absence of the local (2) Leaves of absence of vice-
Local Chief Executive. - chief executive except the power to appoint, governor or a city or municipal
suspend, or dismiss employees. vice-mayor shall be approved by
the local chief executive
(a) When the governor, city or municipal concerned: Provided, That the
mayor, or punong barangay is temporarily (d) In the event, however, that the local
chief executive concerned fails or refuses leaves of absence of the
incapacitated to perform his duties for members of the sanggunian and
physical or legal reasons such as, but not to issue such authorization, the vice-
governor, the city or municipal vice-mayor, its employees shall be approved
by the vice-governor or city or panlalawigan; the city vice-mayor, of the cooperatives; the general
municipal vice-mayor concerned; sangguniang panlungsod; the municipal jurisdiction of each committee;
vice-mayor, of the sangguniang bayan; and and the election of the chairman
(3) Leaves of absence of the the punong barangay, of the sangguniang and members of each committee;
component city or municipal barangay. The presiding officer shall vote
mayor shall be approved by the only to break a tie. (2) The order and calendar of
governor; and business for each session;
(b) In the event of the inability of the
(4) Leaves of absence of a regular presiding officer to preside at a (3) The legislative process;
punong barangay shall be sanggunian session, the members present
approved by the city or municipal and constituting a quorum shall elect from
among themselves a temporary presiding (4) The parliamentary procedures
mayor: Provided, That leaves of which include the conduct of
absence of sangguniang officer. He shall certify within ten (10) days
from the passage of ordinances enacted members during sessions;
barangay members shall be
approved by the punong and resolutions adopted by the sanggunian
barangay. in the session over which he temporarily (5) The discipline of members for
presided. disorderly behavior and absences
without justifiable cause for four (4)
(b) Whenever the application for leave of consecutive sessions, for which
absence hereinabove specified is not acted Section 50. Internal Rules of Procedure. -
they may be censured,
upon within five (5) working days after reprimanded, or excluded from
receipt thereof, the application for leave of (a) On the first regular session following the session, suspended for not
absence shall be deemed approved. the election of its members and within more than sixty (60) days, or
ninety (90) days thereafter, the sanggunian expelled: Provided, That the
CHAPTER III concerned shall adopt or update its penalty of suspension or
Local Legislation existing rules of procedure. expulsion shall require the
concurrence of at least two-thirds
Section 48. Local Legislative Power. - Local (b) The rules of procedure shall provided (2/3) vote of all the sanggunian
legislative power shall be exercised by the for the following: members: Provided, further, That
sangguniang panlalawigan for the province; the a member convicted by final
sangguniang panlungsod for the city; the (1) The organization of the judgment to imprisonment of at
sangguniang bayan for the municipality; and the sanggunian and the election of its least one (1) year for any crime
sangguniang barangay for the barangay. officers as well as the creation of involving moral turpitude shall be
standing committees which shall automatically expelled from the
include, but shall not be limited to, sanggunian; and
Section 49. Presiding Officer. -
the committees on appropriations,
women and family, human rights, (6) Such other rules as the
(a) The vice-governor shall be the youth and sports development, sanggunian may adopt. lawphil

presiding officer of the sangguniang environmental protection, and


Section 51. Full Disclosure of Financial and the prejudice of the service or the the sangguniang panlalawigan,
Business Interests of Sanggunian Members. - public. sangguniang panlungsod, and
sangguniang bayan, and twice a month for
(a) Every sanggunian member shall, upon (b) The disclosure required under this Act the sangguniang barangay.
assumption to office, make a full disclosure shall be made in writing and submitted to
of his business and financial interests, or the secretary of the sanggunian or the (b) When public interest so demands,
professional relationship or any relation by secretary of the committee of which he is a special sessions may be called by the local
affinity or consanguinity within the fourth member. The disclosure shall, in all cases, chief executive or by a majority of the
civil degree, which he may have with any form part of the record of the proceedings members of the sanggunian.
person, firm, or entity affected by any and shall be made in the following manner:
ordinance or resolution under (c) All sanggunian sessions shall be open
consideration by the sanggunian of which (1) Disclosure shall be made to the public unless a closed-door session
he is a member, which relationship may before the member participates in is ordered by an affirmative vote of a
result in conflict of interest. Such the deliberations on the ordinance majority of the members present, there
relationship shall include: or resolution under consideration: being a quorum, in the public interest or for
Provided, That, if the member did reasons of security, decency, or morality.
(1) Ownership of stock or capital, not participate during the No two (2) sessions, regular or special,
or investment, in the entity or firm deliberations, the disclosure shall may be held in a single day.
to which the ordinance or be made before voting on the
resolution may apply; and ordinance or resolution on second (d) In the case of special sessions of the
and third readings; and sanggunian, a written notice to the
(2) Contracts or agreements with members shall be served personally at the
any person or entity which the (2) Disclosure shall be made member's usual place of residence at least
ordinance or resolution under when a member takes a position twenty-four (24) hours before the special
consideration may affect. or makes a privilege speech on a session is held.
matter that may affect the
In the absence of a specific business interest, financial Unless otherwise concurred in by two-
constitutional or statutory connection, or professional thirds (2/3) vote of the sanggunian
provision applicable to this relationship described herein. members present, there being a quorum,
situation, "conflict of interest" no other matters may be considered at a
refers in general to one where it Section 52. Sessions. - special session except those stated in the
may be reasonably deduced that notice.
a member of a sanggunian may (a) On the first day of the session
not act in the public interest due immediately following the election of its (e) Each sanggunian shall keep a journal
to some private, pecuniary, or members, the sanggunian shall, by and record of its proceedings which may
other personal considerations that resolution, fix the day, time, and place of its be published upon resolution of the
may tend to affect his judgment to regular sessions. The minimum numbers of sanggunian concerned.
regular sessions shall be once a week for
Section 53. Quorum. - panlungsod, or sangguniang bayan shall (b) The local chief executive, except the
be presented to the provincial governor or punong barangay, shall have the power to
(a) A majority of all the members of the city or municipal mayor, as the case may veto any particular item or items of an
sanggunian who have been elected and be. If the local chief executive concerned appropriations ordinance, an ordinance or
qualified shall constitute a quorum to approves the same, he shall affix his resolution adopting a local development
transact official business. Should a signature on each and every page thereof; plan and public investment program, or an
question of quorum be raised during a otherwise, he shall veto it and return the ordinance directing the payment of money
session, the presiding officer shall same with his objections to the sanggunian, or creating liability. In such a case, the veto
immediately proceed to call the roll of the which may proceed to reconsider the same. shall not affect the item or items which are
members and thereafter announce the The sanggunian concerned may override not objected to. The vetoed item or items
results. the veto of the local chief executive by two- shall not take effect unless the sanggunian
thirds (2/3) vote of all its members, thereby overrides the veto in the manner herein
making the ordinance or resolution provided; otherwise, the item or items in
(b) Where there is no quorum, the effective for all legal intents and purposes. the appropriations ordinance of the
presiding officer may declare a recess until previous year corresponding to those
such time as a quorum is constituted, or a vetoed, if any, shall be deemed reenacted.
majority of the members present may (b) The veto shall be communicated by the
adjourn from day to day and may compel local chief executive concerned to the
the immediate attendance of any member sanggunian within fifteen (15) days in the (c) The local chief executive may veto an
absent without justifiable cause by case of a province, and ten (10) days in the ordinance or resolution only once. The
designating a member of the sanggunian case of a city or a municipality; otherwise, sanggunian may override the veto of the
to be assisted by a member or members of the ordinance shall be deemed approved local chief executive concerned by two-
the police force assigned in the territorial as if he had signed it. thirds (2/3) vote of all its members, thereby
jurisdiction of the local government unit making the ordinance effective even
concerned, to arrest the absent member (c) Ordinances enacted by the without the approval of the local chief
and present him at the session. sangguniang barangay shall, upon executive concerned.
approval by the majority of all its members,
(c) If there is still no quorum despite the be signed by the punong barangay. Section 56. Review of Component City and
enforcement of the immediately preceding Municipal Ordinances or Resolutions by the
subsection, no business shall be Section 55. Veto Power of the Local Chief Sangguniang Panlalawigan.
transacted. The presiding officer, upon Executive. -
proper motion duly approved by the (a) Within three (3) days after approval, the
members present, shall then declare the (a) The local chief executive may veto any secretary to the sanggunian panlungsod or
session adjourned for lack of quorum. ordinance of the sanggunian panlalawigan, sangguniang bayan shall forward to the
sangguniang panlungsod, or sanggunian sangguniang panlalawigan for review,
Section 54. Approval of Ordinances. - bayan on the ground that it is ultra vires or copies of approved ordinances and the
prejudicial to the public welfare, stating his resolutions approving the local
reasons therefor in writing. development plans and public investment
(a) Every ordinance enacted by the programs formulated by the local
sangguniang panlalawigan, sangguniang development councils.
(b) Within thirty (30) days after the receipt (a) Within ten (10) days after its enactment, (a) Unless otherwise stated in the
of copies of such ordinances and the sangguniang barangay shall furnish ordinance or the resolution approving the
resolutions, the sangguniang panlalawigan copies of all barangay ordinances to the local development plan and public
shall examine the documents or transmit sangguniang panlungsod or sangguniang investment program, the same shall take
them to the provincial attorney, or if there bayan concerned for review as to whether effect after ten (10) days from the date a
be none, to the provincial prosecutor for the ordinance is consistent with law and copy thereof is posted in a bulletin board at
prompt examination. The provincial city or municipal ordinances. the entrance of the provincial capitol or city,
attorney or provincial prosecutor shall, municipal, or barangay hall, as the case
within a period of ten (10) days from (b) If the sangguniang panlungsod or may be, and in at least two (2) other
receipt of the documents, inform the sangguniang bayan, as the case may be, conspicuous places in the local
sangguniang panlalawigan in writing of his fails to take action on barangay ordinances government unit concerned.
comments or recommendations, which within thirty (30) days from receipt thereof,
may be considered by the sangguniang the same shall be deemed approved. (b) The secretary to the sanggunian
panlalawigan in making its decision. concerned shall cause the posting of an
(c) If the sangguniang panlungsod or ordinance or resolution in the bulletin board
(c) If the sangguniang panlalawigan finds sangguniang bayan, as the case may be, at the entrance of the provincial capitol and
that such an ordinance or resolution is finds the barangay ordinances inconsistent the city, municipal, or barangay hall in at
beyond the power conferred upon the with law or city or municipal ordinances, least two (2) conspicuous places in the
sangguniang panlungsod or sangguniang the sanggunian concerned shall, within local government unit concerned not later
bayan concerned, it shall declare such thirty (30) days from receipt thereof, return than five (5) days after approval thereof.
ordinance or resolution invalid in whole or the same with its comments and
in part. The sangguniang panlalawigan recommendations to the sangguniang The text of the ordinance or resolution shall
shall enter its action in the minutes and barangay concerned for adjustment, be disseminated and posted in Filipino or
shall advise the corresponding city or amendment, or modification; in which case, English and in the language understood by
municipal authorities of the action it has the effectivity of the barangay ordinance is the majority of the people in the local
taken. suspended until such time as the revision government unit concerned, and the
called for is effected. secretary to the sanggunian shall record
(d) If no action has been taken by the such fact in a book kept for the purpose,
sangguniang panlalawigan within thirty (30) Section 58. Enforcement of Disapproved stating the dates of approval and posting.
days after submission of such an Ordinances or Resolutions. - Any attempt to enforce
ordinance or resolution, the same shall be any ordinance or any resolution approving the local (c) The gist of all ordinances with penal
presumed consistent with law and development plan and public investment program, sanctions shall be published in a
therefore valid. after the disapproval thereof, shall be sufficient newspaper of general circulation within the
ground for the suspension or dismissal of the official province where the local legislative body
Section 57. Review of Barangay Ordinances by the or employee concerned. concerned belongs. In the absence of any
Sangguniang Panlungsod or Sangguniang Bayan. - newspaper of general circulation within the
Section 59. Effectivity of Ordinances or province, posting of such ordinances shall
Resolutions. - be made in all municipalities and cities of
the province where the sanggunian of (f) Unauthorized absence for fifteen (15) bayan concerned whose decision shall be
origin is situated. consecutive working days, except in the final and executory.
case of members of the sangguniang
(d) In the case of highly urbanized and panlalawigan, sangguniang panlungsod, Section 62. Notice of hearing. -
independent component cities, the main sangguniang bayan, and sangguniang
features of the ordinance or resolution duly barangay;
(a) Within seven (7) days after the
enacted or adopted shall, in addition to administrative complaint is filed, the Office
being posted, be published once in a local (g) Application for, or acquisition of, foreign of the President or the sanggunian
newspaper of general circulation within the citizenship or residence or the status of an concerned, as the case may be, shall
city: Provided, That in the absence thereof immigrant of another country; and require the respondent to submit his
the ordinance or resolution shall be verified answer within fifteen (15) days
published in any newspaper of general (h) Such other grounds as may be from receipt thereof, and commence the
circulation. provided in this Code and other laws. investigation of the case within ten (10)
days after receipt of such answer of the
CHAPTER IV An elective local official may be removed from office respondent.
Disciplinary Actions on the grounds enumerated above by order of the
proper court. (b) When the respondent is an elective
Section 60. Grounds for Disciplinary Actions. - An official of a province or highly urbanized
elective local official may be disciplined, suspended, Section 61. Form and Filing of Administrative city, such hearing and investigation shall
or removed from office on any of the following Complaints. - A verified complaint against any erring be conducted in the place where he
grounds: local elective official shall be prepared as follows: renders or holds office. For all other local
elective officials, the venue shall be the
(a) Disloyalty to the Republic of the place where the sanggunian concerned is
(a) A complaint against any elective official located.
Philippines; of a province, a highly urbanized city, an
independent component city or component
(b) Culpable violation of the Constitution; city shall be filed before the Office of the (c) However, no investigation shall be held
President; within ninety (90) days immediately prior to
any local election, and no preventive
(c) Dishonesty, oppression, misconduct in suspension shall be imposed within the
office, gross negligence, or dereliction of (b) A complaint against any elective official said period. If preventive suspension has
duty; of a municipality shall be filed before the been imposed prior to the 90-day period
sangguniang panlalawigan whose decision immediately preceding local election, it
(d) Commission of any offense involving may be appealed to the Office of the shall be deemed automatically lifted upon
moral turpitude or an offense punishable President; and the start of aforesaid period.
by at least prision mayor;
(c) A complaint against any elective Section 63. Preventive Suspension. -
(e) Abuse of authority; barangay official shall be filed before the
sangguniang panlungsod or sangguniang
(a) Preventive suspension may be imposed:
(1) By the President, if the terminated within one hundred twenty (120) reasons for such decision. Copies of said
respondent is an elective official days from the time he was formally notified decision shall immediately be furnished the
of a province, a highly urbanized of the case against him. However, if the respondent and all interested parties.
or an independent component city; delay in the proceedings of the case is due
to his fault, neglect, or request, other than (b) The penalty of suspension shall not
(2) By the governor, if the the appeal duly filed, the duration of such exceed the unexpired term of the
respondent is an elective official delay shall not be counted in computing respondent or a period of six (6) months for
of a component city or the time of termination of the case. every administrative offense, nor shall said
municipality; or penalty be a bar to the candidacy of the
(d) Any abuse of the exercise of the power respondent so suspended as long as he
(3) By the mayor, if the of preventive suspension shall be meets the qualifications required for the
respondent is an elective official penalized as abuse of authority. office.
of the barangay.
Section 64. Salary of Respondent Pending (c) The penalty of removal from office as a
(b) Preventive suspension may be imposed Suspension. - The respondent official preventively result of an administrative investigation
at any time after the issues are joined, suspended from office shall receive no salary or shall be considered a bar to the candidacy
when the evidence of guilt is strong, and compensation during such suspension; but upon of the respondent for any elective position.
given the gravity of the offense, there is subsequent exoneration and reinstatement, he shall
great probability that the continuance in be paid full salary or compensation including such Section 67. Administrative Appeals. - Decisions in
office of the respondent could influence the emoluments accruing during such suspension. administrative cases may, within thirty (30) days
witnesses or pose a threat to the safety from receipt thereof, be appealed to the following:
and integrity of the records and other Section 65. Rights of Respondent. - The
evidence: Provided, That, any single respondent shall be accorded full opportunity to (a) The sangguniang panlalawigan, in the
preventive suspension of local elective appear and defend himself in person or by counsel, case of decisions of the sangguniang
officials shall not extend beyond sixty (60) to confront and cross-examine the witnesses panlungsod of component cities and the
days: Provided, further, That in the event against him, and to require the attendance of sangguniang bayan; and
that several administrative cases are filed witnesses and the production of documentary
against an elective official, he cannot be process of subpoena or subpoena duces tecum.
preventively suspended for more than (b) The Office of the President, in the case
ninety (90) days within a single year on the of decisions of the sangguniang
Section 66. Form and Notice of Decision. - panlalawigan and the sangguniang
same ground or grounds existing and
known at the time of the first suspension. panlungsod of highly urbanized cities and
(a) The investigation of the case shall be independent component cities.
terminated within ninety (90) days from the
(c) Upon expiration of the preventive start thereof. Within thirty (30) days after
suspension, the suspended elective official Decisions of the Office of the President shall be final
the end of the investigation, the Office of and executory.
shall be deemed reinstated in office without the President or the sanggunian concerned
prejudice to the continuation of the shall render a decision in writing stating
proceedings against him, which shall be clearly and distinctly the facts and the
Section 68. Execution Pending Appeal. - An appeal (2) City level. - All punong election in which the local official sought to
shall not prevent a decision from becoming final or barangay and sanggunian be recalled was elected.
executory. The respondent shall be considered as barangay members in the city;
having been placed under preventive suspension (1) A written petition for recall duly
during the pendency of an appeal in the event he (3) Legislative District level. - In signed before the election
wins such appeal. In the event the appeal results in case where sangguniang registrar or his representative,
an exoneration, he shall be paid his salary and such panlalawigan members are and in the presence of a
other emoluments during the pendency of the elected by district, all elective representative of the petitioner
appeal. municipal officials in the district; and a representative of the official
and in cases where sangguniang sought to be recalled and, and in
CHAPTER V panlungsod members are elected a public place in the province, city,
Recall by district, all elective barangay municipality, or barangay, as the
officials in the district; and case may be, shall be filed with
Section 69. By Whom Exercised. - The power of the COMELEC through its office
recall for loss of confidence shall be exercised by (4) Municipal level. - All punong in the local government unit
the registered voters of a local government unit to barangay and sangguniang concerned. The COMELEC or its
which the local elective official subject to such recall barangay members in the duly authorized representative
belongs. municipality. shall cause the publication of the
petition in a public and
conspicuous place for a period of
Section 70. Initiation of the Recall Process. - (c) A majority of all the preparatory recall not less than ten (10) days nor
assembly members may convene in more than twenty (20) days, for
(a) Recall may be initiated by a preparatory session in a public place and initiate a the purpose of verifying the
recall assembly or by the registered voters recall proceedings against any elective authenticity and genuineness of
of the local government unit to which the official in the local government unit the petition and the required
local elective official subject to such recall concerned. Recall of provincial, city, or percentage of voters.
belongs. municipal officials shall be validly initiated
through a resolution adopted by a majority
of all the members of the preparatory recall (2) Upon the lapse of the
(b) There shall be a preparatory recall assembly concerned during its session aforesaid period, the COMELEC
assembly in every province, city, district, called for the purpose. or its duly authorized
and municipality which shall be composed representative shall announce the
of the following: acceptance of candidates to the
(d) Recall of any elective provincial, city, position and thereafter prepare
municipal, or barangay official may also be the list of candidates which shall
(1) Provincial level. - All mayors, validly initiated upon petition of at least
vice-mayors, and sanggunian include the name of the official
twenty-five percent (25%) of the total sought to be recalled.
members of the municipalities and number of registered voters in the local
component cities; government unit concerned during the
Section 71. Election on Recall. - Upon the filing of a
valid resolution or petition for recall with the
appropriate local office of the COMELEC, the Section 75. Expenses Incident to Recall Elections. -
Commission or its duly authorized representative All expenses incident to recall elections shall be
shall set the date of the election on recall, which borne by the COMELEC. For this purpose, there
shall not be later than thirty (30) days after the filing shall be included in the annual General
of the resolution or petition for recall in the case of Appropriations Act a contingency fund at the
the barangay, city, or municipal officials. and forty- disposal of the COMELEC for the conduct of recall
five (45) days in the case of provincial officials. The elections.
official or officials sought to be recalled shall
automatically be considered as duly registered
candidate or candidates to the pertinent positions
and, like other candidates, shall be entitled to be
voted upon.

Section 72. Effectivity of Recall. - The recall of an


elective local official shall be effective only upon the
election and proclamation of a successor in the
person of the candidate receiving the highest
number of votes cast during the election on recall.
Should the official sought to be recalled receive the
highest number of votes, confidence in him is
thereby affirmed, and he shall continue in office.

Section 73. Prohibition from Resignation. - The


elective local official sought to be recalled shall not
be allowed to resign while the recall process is in
progress.

Section 74. Limitations on Recall. -

(a) Any elective local official may be the


subject of a recall election only once during
his term of office for loss of confidence.

(b) No recall shall take place within one (1)


year from the date of the official's
assumption to office or one (1) year
immediately preceding a regular local
election.