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POLICE POWER

POWERS, DUTIES, FUNCTIONS AND COMPENSATION


BARANGAY MUNICIPALITY CITY PROVINCE
Section 391. Powers, Duties, and Functions. - Section 447. Powers, Duties, Functions and Section 458. Powers, Duties, Functions and Section 468. Powers, Duties, Functions and
(a) The sangguniang barangay, as the Compensation. - Compensation. Compensation.
legislative body of the barangay, shall: (a) The sangguniang bayan, as the legislative (a) The sangguniang panlungsod, as the (a) The sangguniang panlalawigan, as the
(1) Enact ordinances as may be necessary to body of the municipality, shall enact legislative body of the city, shall enact legislative body of the province, shall enact
discharge the responsibilities conferred upon it ordinances, approve resolutions and ordinances, approve resolutions and ordinances, approve resolutions and
by law or ordinance and to promote the general appropriate funds for the general welfare of the appropriate funds for the general welfare of the appropriate funds for the general welfare of the
welfare of the inhabitants therein; municipality and its inhabitants pursuant to city and its inhabitants pursuant to Section 16 province and its inhabitants pursuant to Section
(2) Enact tax revenue ordinances, subject to Section 16 of this Code and in the proper of this Code and in the proper exercise of the 16 of this Code in the proper exercise of the
the limitations imposed in this Code; exercise of the corporate powers of the corporate powers of the city as provided for corporate powers of the province as provided
(3) Enact annual and supplemental budgets in municipality as provided for under Section 22 under Section 22 of this Code, and shall: for under Section 22 of this Code, and shall:
accordance with the provisions of this Code; of this Code, and shall: (1) Approve ordinances and pass resolutions (1) Approve ordinances and pass resolutions
(4) Provide for the construction and (1) Approve ordinances and pass resolutions necessary for an efficient and effective city necessary for an efficient and effective
maintenance of barangay facilities and other necessary for an efficient and effective government, and in this connection, shall: provincial government and, in this connection,
public works projects chargeable to the general municipal government, and in this connection (i) Review all ordinances approved by the shall:
fund of the barangay or such other funds shall: sangguniang barangay and executive orders (i) Review all ordinances approved by the
actually available for the purpose; (i) Review all ordinances approved by the issued by the punong barangay to determine sangguniang of component cities and
(5) Submit to the sangguniang panlungsod or sangguniang barangay and executive orders whether these are within the scope of the municipalities and executive orders issued by
sangguniang bayan such suggestions or issued by the punong barangay to determine prescribed powers of the sanggunian and of the mayors of said component units to
recommendations as it may see fit for the whether these are within the scope of the the punong barangay; determine whether these are within the scope
improvement of the barangay or for the welfare prescribed powers of the sanggunian and of (ii) Maintain peace and order by enacting of the prescribed powers of the sanggunian
of the inhabitants thereof; the punong barangay; measures to prevent and suppress and of the mayor;
(6) Assist in the establishment, organization, (ii) Maintain peace and order by enacting lawlessness, disorder, riot, violence, rebellion (ii) Maintain peace and order by enacting
and promotion of cooperative enterprises that measures to prevent and suppress or sedition and impose penalties for violation of measures to prevent and suppress
will improve the economic condition and well- lawlessness, disorder, riot, violence, rebellion said ordinances; lawlessness, disorder, riot, violence, rebellion
being of the residents; or sedition and impose penalties for the (iii) Approve ordinances imposing a fine not or sedition and impose penalties for the
(7) Regulate the use of multi-purpose halls, violation of said ordinances; exceeding Five thousand pesos (P5,000.00) or violation of said ordinances;
multi-purpose pavements, grain or copra (iii) Approve ordinances imposing a fine not an imprisonment for a period not exceeding (iii) Approve ordinances imposing a fine not
dryers, patios and other post-harvest facilities, exceeding Two thousand five hundred pesos one (1) year, or both in the discretion of the exceeding Five thousand pesos (P5,000.00) or
barangay waterworks, barangay markets, (P2,500.00) or an imprisonment for a period not court, for the violation of a city ordinance; imprisonment not exceeding one (1) year, or
parking areas or other similar facilities exceeding six (6) months, or both in the (iv) Adopt measures to protect the inhabitants both in the discretion of the court, for the
constructed with government funds within the discretion of the court, for the violation of a of the city from the harmful effects of man- violation of a provincial ordinance;
jurisdiction of the barangay and charge municipal ordinance; made or natural disasters and calamities, and (iv) Adopt measures to protect the inhabitants
reasonable fees for the use thereof; (iv) Adopt measures to protect the inhabitants to provide relief services and assistance for of the province from harmful effects of man-
(8) Solicit or accept monies, materials and of the municipality from the harmful effects of victims during and in the aftermath of said made or natural disasters and calamities, and
voluntary labor for specific public works and man-made or natural disasters and calamities disasters or calamities and their return to to provide relief services and assistance for
cooperative enterprises of the barangay from and to provide relief services and assistance productive livelihood following said events; victims during and in the aftermath of said
residents, land owners, producers and for victims during and in the aftermath of said (v) Enact ordinances intended to prevent, disasters and calamities and their return to
merchants in the barangay; monies from disasters or calamities and their return to suppress and impose appropriate penalties for productive livelihood following said events;
grants-in-aid, subsidies, contributions, and productive livelihood following said events; habitual drunkenness in public places, (v) Enact ordinances intended to prevent,
revenues made available to the barangays (v) Enact ordinances intended to prevent, vagrancy, mendicancy, prostitution, suppress and impose appropriate penalties for
from national, provincial, city or municipal suppress and impose appropriate penalties for establishment and maintenance of houses of ill habitual drunkenness in public places,
funds; and monies from other private agencies habitual drunkenness in public places, repute, gambling and other prohibited games of vagrancy, mendicancy, prostitution,
and individuals: Provided, however, That vagrancy, mendicancy, prostitution, chance, fraudulent devices and ways to obtain establishment and maintenance of houses of ill
monies or properties donated by private establishment and maintenance of houses of ill money or property, drug addiction, repute, gambling and other prohibited games of
agencies and individuals for specific purposes repute, gambling and other prohibited games of maintenance of drug dens, drug pushing, chance, fraudulent devices and ways to obtain
shall accrue to the barangay as trust fund; chance, fraudulent devices and ways to obtain juvenile delinquency, the printing, distribution money or property, drug addiction,
(9) Solicit or accept, in any or all the foregoing money or property, drug addiction, or exhibition of obscene or pornographic maintenance of drug dens, drug pushing,
public works and cooperative enterprises, such maintenance of drug dens, drug pushing, materials or publications, and such other juvenile delinquency, the printing, distribution
cooperation as is made available by national, juvenile delinquency, the printing, distribution activities inimical to the welfare and morals of or exhibition of obscene or pornographic
provincial, city, or municipal agencies or exhibition of obscene or pornographic the inhabitants of the city. materials or publications, and other activities
established by law to render financial, materials or publications, and such other (vi) Protect the environment and impose inimical to the welfare and morals of the
technical, and advisory assistance to activities inimical to the welfare and morals of appropriate penalties for acts which endanger inhabitants of the province;
barangays and to barangay residents: the inhabitants of the municipality; the environment, such as dynamite fishing and (vi) Protect the environment and impose
Provided, however, That in soliciting or (vi) Protect the environment and impose other forms of destructive fishing, illegal appropriate penalties for acts which endanger
accepting such cooperation, the sangguniang appropriate penalties for acts which endanger logging and smuggling of logs, smuggling of the environment, such as dynamite fishing and
barangay need not pledge any sum of money the environment, such as dynamite fishing and natural resources products and of endangered other forms of destructive fishing, illegal
for expenditure in excess of amounts currently other forms of destructive fishing, illegal species of flora and fauna, slash and burn logging and smuggling of logs, smuggling of
in the barangay treasury or encumbered for logging and smuggling of logs, smuggling of farming, and such other activities which result natural resources products and of endangered
other purposes; natural resources products and of endangered in pollution, acceleration of eutrophication of species of flora and fauna, slash and burn
(10) Provide compensation, reasonable species of flora and fauna, slash and burn rivers and lakes, or of ecological imbalance; farming, and such other activities which result
allowances or per diems as well as travel farming, and such other activities which result (vii) Subject to the provisions of this Code and in pollution acceleration of eutrophication of
expenses for sangguniang barangay members in pollution, acceleration of eutrophication of pertinent laws, determine the powers and rivers and lakes, or of ecological imbalance;
and other barangay officials, subject to the rivers and lakes, or of ecological imbalance; duties of officials and employees of the city; (vii) Subject to the provisions of this Code and
budgetary limitations prescribed under Title (vii) Subject to the provisions of this Code and (viii) Determine the positions and the salaries, pertinent laws, determine the powers and
Five, Book II of this Code: Provided, however, pertinent laws, determine the powers and wages, allowances and other emoluments and duties of officials and employees of the
That no increase in the compensation or duties of officials and employees of the benefits of officials and employees paid wholly province;
honoraria of the sangguniang barangay municipality; or mainly from city funds and provide for (viii) Determine the positions and the salaries,
members shall take effect until after the (viii) Determine the positions and salaries, expenditures necessary for the proper conduct wages, allowances and other emoluments and
expiration of the full term of all members of the wages, allowances and other emoluments and of programs, projects, services, and activities benefits of officials and employees paid wholly
sangguniang barangay approving such benefits of officials and employees paid wholly of the city government; or mainly from provincial funds and provide for
increase; or mainly from municipal funds and provide for (ix) Authorize the payment of compensation to expenditures necessary for the proper conduct
(11) Hold fund-raising activities for barangay expenditures necessary for the proper conduct a qualified person not in the government of programs, projects, services, and activities
projects without the need of securing permits of programs. projects, services, and activities service who fills up a temporary vacancy or of the provincial government;
from any national or local office or agency. The of the municipal government; grant honorarium to any qualified official or (ix) Authorize the payment of compensation to
proceeds from such activities shall be tax- (ix) Authorize the payment of compensation to employee designated to fill a temporary a qualified person not in the government
exempt and shall accrue to the general fund of a qualified person not in the government vacancy in a concurrent capacity, at the rate service who fills up a temporary vacancy, or
the barangay: Provided, That in the service who fills up a temporary vacancy or authorized by law; grant honorarium to any qualified official or
appropriation thereof, the specific purpose for grant honorarium to any qualified official or (x) Provide a mechanism and the appropriate employee designated to fill a temporary
which such fund-raising activity has been held employee designated to fill a temporary funds therefor, to ensure the safety and vacancy in a concurrent capacity, at the rate
shall be first satisfied: Provided, further, That vacancy in a concurrent capacity, at the rate protection of all city government property, authorized by law;
no fund-raising activities shall be held within a authorized by law; public documents, or records such as those (x) Provide a mechanism and the appropriate
period of sixty (60) days immediately preceding (x) Provide a mechanism and the appropriate relating to property inventory, land ownership, funds therefor, to ensure the safety and
and after a national or local election, recall, funds therefor, to ensure the safety and records of births, marriages, deaths, protection of all provincial government
referendum, or plebiscite: Provided, finally, protection of all municipal government assessments, taxation, accounts, business property, public documents, or records such as
That said fund-raising activities shall comply property, public documents, or records such as permits, and such other records and those relating to property inventory, land
with national policy standards and regulations those relating to property inventory, land documents of public interest in the offices and ownership, records of births, marriages,
on morals, health, and safety of the persons ownership, records of births, marriages, departments of the city government; deaths, assessments, taxation, accounts,
participating therein. The sangguniang deaths, assessments, taxation, accounts, (xi) When the finances of the city government business permits, and such other records and
barangay, through the punong barangay, shall business permits, and such other records and allow, provide for additional allowances and
render a public accounting of the funds raised documents of public interest in the offices and other benefits to judges, prosecutors, public documents of public interest in the offices and
at the completion of the project for which the departments of the municipal government; elementary and high school teachers, and departments of the provincial government; and
fund-raising activity was undertaken; (xi) When the finances of the municipal other national government officials stationed in (xi) When the finances of the provincial
(12) Authorize the punong barangay to enter government allow, provide for additional or assigned to the city; government allow, provide for additional
into contracts in behalf of the barangay, subject allowances and other benefits to judges, (xii) Provide legal assistance to barangay allowances and other benefits to judges,
to the provisions of this Code; prosecutors, public elementary and high school officials who, in the performance of their official prosecutors, public elementary and high school
(13) Authorize the barangay treasurer to make teachers, and other national government duties or on the occasion thereof, have to teachers, and other national government
direct purchases in an amount not exceeding officials stationed in or assigned to the initiate judicial proceedings or defend officials stationed or assigned to the province.
One thousand pesos (P1,000.00) at any one municipality; themselves against legal action; and (2) Generate and maximize the use of
time for the ordinary and essential (xii) Provide for legal assistance to barangay (xiii) Provide for group insurance or additional resources and revenues for the development
administrative needs of the barangay; officials who, in the performance of their official insurance coverage for all barangay officials, plans, program objectives and priorities of the
(14) Prescribe fines in amounts not exceeding duties or on the occasion thereof, have to including members of barangay tanod brigades province as provided for under Section 18 of
One thousand pesos (P1,000.00) for violation initiate judicial proceedings or defend and other service units, with public or private this Code, with particular attention to agro-
of barangay ordinances; themselves against legal action; and insurance companies, when the finances of the industrial development and country-wide
(15) Provide for the administrative needs of the (xii) Provide for group insurance or additional city government allow said coverage; growth and progress and relative thereto, shall:
lupong tagapamayapa and the pangkat ng insurance coverage for barangay officials, (2) Generate and maximize the use of (i) Enact the annual and supplemental
tagapagkasundo; including members of barangay tanod brigades resources and revenues for the development appropriations of the provincial government
(16) Provide for the organization of community and other service units, with public or private plans, program objectives and priorities of the and appropriate funds for specific programs,
brigades, barangay tanod, or community insurance companies, when the finances of the city as provided for under Section 18 of this projects, services and activities of the province,
service units as may be necessary; municipal government allow said coverage. Code, with particular attention to agro-industrial or for other purposes not contrary to law, in
(17) Organize regular lectures, programs, or (2) Generate and maximize the use of development and city-wide growth and order to promote the general welfare of the
fora on community problems such as resources and revenues for the development progress, and relative thereto, shall: province and its inhabitants;
sanitation, nutrition, literacy, and drug abuse, plans, program objectives and priorities of the (i) Approve the annual and supplemental (ii) Subject to the provisions of Book II of this
and convene assemblies to encourage citizen municipality as provided for under Section 18 budgets of the city government and appropriate Code and applicable laws and upon the
participation in government; of this Code with particular attention to agro- funds for specific programs, projects, services majority vote of all the members of the
(18) Adopt measures to prevent and control the industrial development and countryside growth and activities of the city, or for other purposes sangguniang panlalawigan, enact ordinances
proliferation of squatters and mendicants in the and progress, and relative thereto, shall: not contrary to law, in order to promote the levying taxes, fees and charges, prescribing
barangay; (i) Approve the annual and supplemental general welfare of the city and its inhabitants; the rates thereof for general and specific
(19) Provide for the proper development and budgets of the municipal government and (ii) Subject to the provisions of Book II of this purposes, and granting tax exemptions,
welfare of children in the barangay by appropriate funds for specific programs, Code and applicable laws and upon the incentives or reliefs;
promoting and supporting activities for the projects, services and activities of the majority vote of all the members of the (iii) Subject to the provisions of Book II of this
protection and total development of children, municipality, or for other purposes not contrary sangguniang panlungsod, enact ordinances Code and applicable laws and upon the
particularly those below seven (7) years of age; to law, in order to promote the general welfare levying taxes, fees and charges, prescribing majority vote of all the members of the
(20) Adopt measures towards the prevention of the municipality and its inhabitants; the rates thereof for general and specific sangguniang panlalawigan, authorize the
and eradication of drug abuse, child abuse, and (ii) Subject to the provisions of Book II of this purposes, and granting tax exemptions, provincial governor to negotiate and contract
juvenile delinquency; Code and applicable laws and upon the incentives or reliefs; loans and other forms of indebtedness;
(21) Initiate the establishment of a barangay majority vote of all the members of the (iii) Subject to the provisions of Book II of this (iv) Subject to the provisions of Book II of this
high school, whenever feasible, in accordance sangguniang bayan, enact ordinances levying Code and upon the majority vote of all the Code and applicable laws and upon the
with law; taxes, fees and charges, prescribing the rates members of the sangguniang panlungsod, majority vote of all the members of the
(22) Provide for the establishment of a non- thereof for general and specific purposes, and authorize the city mayor to negotiate and sangguniang panlalawigan, enact ordinances
formal education center in the barangay granting tax exemptions, incentives or reliefs; contract loans and other forms of authorizing the floating of bonds or other
whenever feasible, in coordination with the (iii) Subject to the provisions of Book II of this indebtedness; instruments of indebtedness, for the purpose of
Department of Education, Culture and Sports; Code and upon the majority vote of all the (iv) Subject to the provisions of Book II of this raising funds to finance development projects;
(23) Provide for the delivery of basic services; members of the sangguniang bayan, authorize Code and applicable laws and upon the (v) Appropriate funds for the construction and
and the municipal mayor to negotiate and contract majority vote of all the members of the maintenance or the rental of buildings for the
loans and other forms of indebtedness; sangguniang panlungsod, enact ordinances use of the province; and upon the majority vote
(24) Exercise such other powers and perform (iv) Subject to the provisions of Book II of this authorizing the floating of bonds or other of all the members of the sangguniang
such other duties and functions as may be Code and applicable laws and upon the instruments of indebtedness, for the purpose of panlalawigan, authorize the provincial
prescribed by law or ordinance. majority vote of all the members of the raising funds to finance development projects; governor to lease to private parties such public
sangguniang bayan, enact ordinances (v) Appropriate funds for the construction and buildings held in a proprietary capacity, subject
authorizing the floating of bonds or other maintenance or the rental of buildings for the to existing laws, rules and regulations;
instruments of indebtedness, for the purpose of use of the city; and, upon the majority vote of (vi) Prescribe reasonable limits and restraints
raising funds to finance development projects; all the members of the sangguniang on the use of property within the jurisdiction of
(v) Appropriate funds for the construction and panlungsod, authorize the city mayor to lease the province;
maintenance or the rental of buildings for the to private parties such public buildings held in (vii) Review the comprehensive land use plans
use of the municipality and, upon the majority a proprietary capacity, subject to existing laws, and zoning ordinances of component cities and
vote of all the members of the sangguniang rules and regulations; municipalities and adopt a comprehensive
bayan, authorize the municipal mayor to lease (vi) Prescribe reasonable limits and restraints provincial land use plan, subject to existing
to private parties such public buildings held in on the use of property within the jurisdiction of laws; and
a proprietary capacity, subject to existing laws, the city; (viii) Adopt measures to enhance the full
rules and regulations; (vii) Adopt a comprehensive land use plan for implementation of the national agrarian reform
(vi) Prescribe reasonable limits and restraints the city: Provided, That in the case of program in coordination with the Department of
on the use of property within the jurisdiction of component cities, the formulation, adoption or Agrarian Reform;
the municipality: modification of said plan shall be in (3) Subject to the provisions of Book II of this
(vii) Adopt a comprehensive land use plan for coordination with the approved provincial Code, grant franchises, approve the issuance
the municipality: Provided, That the comprehensive land use plan; of permits or licenses, or enact ordinances
formulation, adoption, or modification of said (viii) Reclassify land within the jurisdiction of levying taxes, fees and charges upon such
plan shall be in coordination with the approved the city, subject to the pertinent provisions of conditions and for such purposes intended to
provincial comprehensive land use plan; this Code; promote the general welfare of the inhabitants
(viii) Reclassify land within the jurisdiction of (ix) Enact integrated zoning ordinances in of the province, and pursuant to this legislative
the municipality, subject to the pertinent consonance with the approved comprehensive authority, shall:
provisions of this Code; land use plan, subject to existing laws, rules (i) Fix and impose reasonable fees and
(ix) Enact integrated zoning ordinances in and regulations; establish fire limits or zones, charges for all services rendered by the
consonance with the approved comprehensive particularly in populous centers; and regulate provincial government to private persons or
land use plan, subject to existing laws, rules the construction, repair or modification of entities; and
and regulations; established fire limits or buildings within said fire limits or zones in (ii) Regulate and fix the license fees for such
zones, particularly in populous centers; and accordance with the provisions of the Fire activities as provided for under this Code.
regulate the construction, repair or modification Code; (4) Approve ordinances which shall ensure the
of buildings within said fire limits or zones in (x) Subject to national law, process and efficient and effective delivery of basic services
accordance with the provisions of this Code; approve subdivision plans for residential, and facilities as provided for under Section 17
(x) Subject to national law, process and commercial, or industrial purposes and other of this Code, and, in addition to said services
approve subdivision plans for residential, development purposes, and to collect and facilities, shall:
commercial, or industrial purposes and other processing fees and other charges, the (i) Adopt measures and safeguards against
development purposes, and collect processing proceeds of which shall accrue entirely to the pollution and for the preservation of the natural
fees and other charges the proceeds of which city: Provided, however, That where approval ecosystem in the province, in consonance with
shall accrue entirely to the municipality: of a national agency or office is required, said approved standards on human settlements and
Provided, however, That, where approval by a approval shall not be withheld for more than environmental sanitation;
national agency or office is required, said thirty (30) days from receipt of the application. (ii) Subject to applicable laws, facilitate or
approval shall not be withheld for more than Failure to act on the application within the provide for the establishment and maintenance
thirty (30) days from receipt of the application. period stated above shall be deemed as of waterworks system or district waterworks for
Failure to act on the application within the approval thereof; supplying water to inhabitants of component
cities and municipalities;
period stated above shall be deemed as (xi) Subject to the provisions of Book II of this (iii) Subject to the availability of funds and to
approval thereof; Code, grant the exclusive privilege of existing laws, rules and regulations, provide for
(xi) Subject to the provisions of Book II of this constructing fish corrals or fish pens, or the the establishment and operation of vocational
Code, grant the exclusive privilege of taking or catching of bangus fry, prawn fry or and technical schools and similar post-
constructing fish corrals or fish pens, or the kawag-kawag, or fry of any species or fish secondary institutions; and, with the approval
taking or catching of bangus fry, prawn fry or within the city waters; of the Department of Education, Culture and
kawag-kawag of fry of any species or fish within (xii) With the concurrence of at least two-thirds Sports and subject to existing laws on tuition
the municipal waters; (2/3) of all the members of the sangguniang fees, fix reasonable tuition fees and other
(xii) With the concurrence of at least two-thirds panlungsod, grant tax exemptions, incentives school charges in educational institutions
(2/3) of all the members of the sangguniang or reliefs to entities engaged in community supported by the provincial government;
bayan, grant tax exemptions, incentives or growth-inducing industries, subject to the (iv) Establish a scholarship fund for the poor
reliefs to entities engaged in community provisions of Chapter 5, Title I, Book II of this but deserving students in schools located
growth-inducing industries, subject to the Code; within its jurisdiction or for students residing
provisions of Chapter 5, Title I, Book II of this (xiii) Grant loans or provide grants to other local within the province;
Code. government units or to national, provincial, and (v) Approve measures and adopt quarantine
(xiii) Grant loans or provide grants to other local city charitable, benevolent or educational regulations to prevent the introduction and
government units or to national, provincial and institutions: Provided, That, said institutions are spread of diseases within its territorial
municipal charitable, benevolent or educational operated and maintained within the city; jurisdiction;
institutions: Provided, That said institutions are (xiv) Regulate the numbering of residential, (vi) Provide for the care of paupers, the aged,
operated and maintained within the commercial and other buildings; and the sick, persons of unsound mind, abandoned
municipality; (xv) Regulate the inspection, weighing and minors, abused children, disabled persons,
(xiv) Regulate the numbering of residential, measuring of articles of commerce. juvenile delinquents, drug dependents, and
commercial and other buildings; and (3) Subject to the provisions of Book II of this other needy and disadvantaged persons,
(xv) Regulate the inspection, weighing and Code, enact ordinances granting franchises particularly children and youth below eighteen
measuring of articles of commerce. and authorizing the issuance of permits or (18) years of age; subject to availability of
(3) Subject to the provisions of Book II of this licenses, upon such conditions and for such funds, establish and support the operation of
Code, grant franchises, enact ordinances purposes intended to promote the general centers and facilities for said needy and
authorizing the issuance of permits or licenses, welfare of the inhabitants of the city and disadvantaged persons; and facilitate efforts to
or enact ordinances levying taxes, fees and pursuant to this legislative authority shall: promote the welfare of families below the
charges upon such conditions and for such (i) Fix and impose reasonable fees and poverty threshold, the disadvantaged, and the
purposes intended to promote the general charges for all services rendered by the city exploited;
welfare of the inhabitants of the municipality, government to private persons or entities; (vii) Establish and provide the maintenance
and pursuant to this legislative authority shall: (ii) Regulate or fix license fees for any business and improvement of jails and detention centers,
(i) Fix and impose reasonable fees and or practice of profession within the city and the institute a sound jail management program,
charges for all services rendered by the conditions under which the license for said and appropriate funds for the subsistence of
municipal government to private persons or business or practice of profession may be detainees and convicted prisoners in the
entities; revoked and enact ordinances levying taxes province;
(ii) Regulate any business, occupation, or thereon; (viii) Establish a provincial council whose
practice of profession or calling which does not (iii) Provide for and set the terms and purpose is the promotion of culture and the
require government examination within the conditions under which public utilities owned by arts, coordinate with government agencies and
municipality and the conditions under which the the city shall be operated by the city non-governmental organizations and, subject
license for said business or practice of government, and prescribe the conditions to the availability of funds, appropriate funds for
profession may be issued or revoked; under which the same may be leased to private the support and development of the same;
(iii) Prescribe the terms and conditions under persons or entities, preferably cooperatives; (ix) Establish a provincial council for the elderly
which public utilities owned by the municipality (iv) Regulate the display of and fix the license which shall formulate policies and adopt
shall be operated by the municipal government fees for signs, signboards, or billboards at the measures mutually beneficial to the elderly and
or leased to private persons or entities, place or places where the profession or to the province; and subject to the availability of
preferably cooperatives; business advertised thereby is, in whole or in funds, appropriate funds to support programs
(iv) Regulate the display of and fix the license part, conducted; and projects for the elderly; and provide
fees for signs, signboards, or billboards at the (v) Any law to the contrary notwithstanding, incentives for non-governmental agencies and
place or places where the profession or authorize and license the establishment, entities to support the programs and projects of
business advertised thereby is, in whole or in operation, and maintenance of cockpits, and the elderly; and
part, conducted; regulate cockfighting and commercial breeding (5) Exercise such other powers and perform
(v) Any law to the contrary notwithstanding, of gamecocks: Provided, That existing rights such other duties and functions as may be
authorize and license the establishment, should not be prejudiced; prescribed by law or ordinance.
operation, and maintenance of cockpits, and (vi) Subject to the guidelines prescribed by the (b) The members of the sangguniang
regulate cockfighting and commercial breeding Department of Transportation and panlalawigan shall receive a minimum monthly
of gamecocks: Provided, That existing rights Communications, regulate the operation of compensation corresponding to Salary Grade
should not be prejudiced; tricycles and grant franchises for the operation twenty-seven (27) as prescribed under R.A.
(vi) Subject to the guidelines prescribed by the thereof within the territorial jurisdiction of the No. 6758 and the implementing guidelines
Department of Transportation and city; issued pursuant thereto.
Communications, regulate the operation of (vii) Upon approval by a majority vote of all the
tricycles and grant franchises for the operation members of the sangguniang panlungsod:
thereof within the territorial jurisdiction of the grant a franchise to any person, partnership,
municipality; corporation, or cooperative to do business
(vii) Upon approval by a majority vote of all the within the city; establish, construct, operate and
members of the sangguniang bayan, grant a maintain ferries, wharves, markets or
franchise to any person, partnership, slaughterhouses; or undertake such other
corporation, or cooperative to establish, activities within the city as may be allowed by
construct, operate and maintain ferries, existing laws: Provided, That, cooperatives
wharves, markets or slaughterhouses, or such shall be given preference in the grant of such a
other similar activities within the municipality as franchise.
may be allowed by applicable laws: Provided, (4) Regulate activities relative to the use of
That, cooperatives shall be given preference in land, buildings and structures within the city in
the grant of such a franchise. order to promote the general welfare and for
(4) Regulate activities relative to the use of said purpose shall:
land, buildings and structures within the (i) Declare, prevent or abate any nuisance;
municipality in order to promote the general (ii) Require that buildings and the premises
welfare and for said purpose shall: thereof and any land within the city be kept and
(i) Declare, prevent or abate any nuisance; maintained in a sanitary condition; impose
(ii) Require that buildings and the premises penalties for any violation thereof; or, upon
thereof and any land within the municipality be failure to comply with said requirement, have
kept and maintained in a sanitary condition; the work done at the expense of the owner,
impose penalties for any violation thereof, or administrator or tenant concerned; or require
upon failure to comply with said requirement, the filling up of any land or premises to a grade
have the work done and require the owner, necessary for proper sanitation;
administrator or tenant concerned to pay the (iii) Regulate the disposal of clinical and other
expenses of the same; or require the filling up wastes from hospitals, clinics and other similar
of any land or premises to a grade necessary establishments;
for proper sanitation; (iv) Regulate the establishment, operation and
maintenance of cafes, restaurants,
beerhouses, hotels, motels, inns, pension
(iii) Regulate the disposal of clinical and other houses, lodging houses, and other similar
wastes from hospitals, clinics and other similar establishments, including tourist guides and
establishments; transports;
(iv) Regulate the establishment, operation and (v) Regulate the sale, giving away or
maintenance of cafes, restaurants, dispensing of any intoxicating malt, vino, mixed
beerhouses, hotels, motels, inns, pension or fermented liquors at any retail outlet;
houses, lodging houses, and other similar (vi) Regulate the establishment and provide for
establishments, including tourist guides and the inspection of steam boilers or any heating
transports; device in buildings and the storage of
(v) Regulate the sale, giving away or inflammable and highly combustible materials
dispensing of any intoxicating malt, vino, mixed within the city;
or fermented liquors at any retail outlet; (vii) Regulate the establishment, operation, and
(vi) Regulate the establishment and provide for maintenance of any entertainment or
the inspection of steam boilers or any heating amusement facilities, including theatrical
device in buildings and the storage of performances, circuses, billiard pools, public
inflammable and highly combustible materials dancing schools, public dance halls, sauna
within the municipality; baths, massage parlors, and other places for
(vii) Regulate the establishment, operation, and entertainment or amusement; regulate such
maintenance of entertainment or amusement other events or activities for amusement or
facilities, including theatrical performances, entertainment, particularly those which tend to
circuses, billiards pools, public dancing disturb the community or annoy the inhabitants,
schools, public dance halls, sauna baths, or require the suspension or suppression of the
massage parlors, and other places of same; or, prohibit certain forms of amusement
entertainment or amusement; regulate such or entertainment in order to protect the social
other events or activities for amusement or and moral welfare of the community;
entertainment, particularly those which tend to (viii) Provide for the impounding of stray
disturb the community or annoy the inhabitants, animals; regulate the keeping of animals in
or require the suspension or suppression of the homes or as part of a business, and the
same; or, prohibit certain forms of amusement slaughter, sale or disposition of the same; and
or entertainment in order to protect the social adopt measures to prevent and penalize
and moral welfare of the community; cruelty to animals; and
(viii) Provide for the impounding of stray (ix) Regulate the establishment, operation and
animals; regulate the keeping of animals in maintenance of funeral parlors and the burial or
homes or as part of a business, and the cremation of the dead, subject to existing laws,
slaughter, sale or disposition of the same; and rules and regulations.
adopt measures to prevent and penalize (5) Approve ordinances which shall ensure the
cruelty to animals; and efficient and effective delivery of the basic
(ix) Regulate the establishment, operation, and services and facilities as provided for under
maintenance of funeral parlors and the burial or Section 17 of this Code, and in addition to said
cremation of the dead, subject to existing laws, services and facilities, shall:
rules and regulations. (i) Provide for the establishment, maintenance,
(5) Approve ordinances which shall ensure the protection, and conservation of communal
efficient and effective delivery of the basic forests and watersheds, tree parks, greenbelts,
services and facilities as provided for under mangroves, and other similar forest
Section 17 of this Code, and in addition to said development projects;
services and facilities, shall:
(i) Provide for the establishment, maintenance, (ii) Establish markets, slaughterhouses or
protection, and conservation of communal animal corrals and authorize the operation
forests and watersheds, tree parks, greenbelts, thereof by the city government; and regulate
mangroves, and other similar forest the construction and operation of private
development projects; markets, talipapas or other similar buildings
(ii) Establish markets, slaughterhouses or and structures;
animal corrals and authorize the operation (iii) Authorize the establishment, maintenance
thereof, and regulate the construction and and operation by the city government of ferries,
operation of private markets, talipapas or other wharves, and other structures intended to
similar buildings and structures; accelerate productivity related to marine and
(iii) Authorize the establishment, maintenance seashore or offshore activities;
and operation of ferries, wharves, and other (iv) Regulate the preparation and sale of meat,
structures, and marine and seashore or poultry, fish, vegetables, fruits, fresh dairy
offshore activities intended to accelerate products, and other foodstuffs for public
productivity; consumption;
(iv) Regulate the preparation and sale of meat, (v) Regulate the use of streets, avenues,
poultry, fish, vegetables, fruits, fresh dairy alleys, sidewalks, bridges, parks and other
products, and other foodstuffs for public public places and approve the construction,
consumption; improvement repair and maintenance of the
(v) Regulate the use of streets, avenues, same; establish bus and vehicle stops and
alleys, sidewalks, bridges, parks and other terminals or regulate the use of the same by
public places and approve the construction, privately-owned vehicles which serve the
improvement, repair and maintenance of the public; regulate garages and the operation of
same; establish bus and vehicle stops and conveyances for hire; designate stands to be
terminals or regulate the use of the same by occupied by public vehicles when not in use;
privately-owned vehicles which serve the regulate the putting up of signs, signposts,
public; regulate garages and the operation of awnings and awning posts on the streets; and
conveyances for hire; designate stands to be provide for the lighting, cleaning and sprinkling
occupied by public vehicles when not in use; of streets; and public places;
regulate the putting up of signs, signposts, (vi) Regulate traffic on all streets and bridges;
awnings and awning posts on the streets; prohibit encroachments or obstacles thereon,
provide for the lighting, cleaning and sprinkling and when necessary in the interest of public
of streets and public places; welfare, authorize the removal or
(vi) Regulate traffic on all streets and bridges, encroachments and illegal constructions in
prohibit the putting up of encroachments or public places;
obstacles thereon, and, when necessary in the (vii) Subject to existing laws, establish and
interest of public welfare, authorize the removal provide for the maintenance, repair and
of encroachments and illegal constructions in operation of an efficient waterworks system to
public places; supply water for the inhabitants and to purify
(vii) Subject to existing laws, provide for the the source of the water supply; regulate the
establishment, operation, maintenance, and construction, maintenance, repair and use of
repair of an efficient waterworks system to hydrants, pumps, cisterns and reservoirs;
supply water for the inhabitants; regulate the protect the purity and quantity of the water
construction, maintenance, repair and use of supply of the city and, for this purpose, extend
hydrants, pumps, cisterns and reservoirs; the coverage of appropriate ordinances over all
protect the purity and quantity of the water territory within the drainage area of said water
supply of the municipality and, for this purpose, supply and within one hundred (100) meters of
extend the coverage of appropriate ordinances the reservoir, conduit, canal, aqueduct,
over all territory within the drainage area of said pumping station, or watershed used in
water supply and within one hundred (100) connection with the water service; and regulate
meters of the reservoir, conduit, canal, the consumption, use or wastage of water and
aqueduct, pumping station, or watershed used fix and collect charges therefor;
in connection with the water service; and (viii) Regulate the drilling and excavation of the
regulate the consumption, use or wastage of ground for the laying of water, gas, sewer, and
water; other pipes and the construction, repair and
(viii) Regulate the drilling and excavation of the maintenance of public drains, sewers,
ground for laying of water, gas, sewer, and cesspools, tunnels and similar structures;
other pipes and the construction, repair and regulate the placing of poles and the use of
maintenance of public drains, sewers, crosswalks, curbs, and gutters; adopt
cesspools, tunnels and similar structures; measures to ensure public safety against open
regulate the placing of poles and the use of canals, manholes. live wires and other similar
crosswalks, curbs, and gutters; adopt hazards to life and property; and regulate the
measures to ensure public safety against open construction and use of private water closets,
canals, manholes, live wires and other similar privies and other similar structures in buildings
hazards to life and property; and regulate the and homes;
construction and use of private water closets, (ix) Regulate the placing, stringing, attaching,
privies and other similar structures in buildings installing, repair and construction of all gas
and homes; mains, electric, telegraph and telephone wires,
(ix) Regulate the placing, stringing, attaching, conduits, meters and other apparatus; and
installing, repair and construction of all gas provide for the correction, condemnation or
mains, electric, telegraph and telephone wires, removal of the same when found to be
conduits, meters and other apparatus; and, dangerous, defective, or otherwise hazardous
provide for the correction, condemnation or to the welfare of the inhabitants;
removal of the same when found to be (x) Subject to the availability of funds and to
dangerous, defective or otherwise hazardous existing laws, rules and regulations, establish
to the welfare of the inhabitants; and provide for the operation of vocational and
(x) Subject to the availability of funds and to technical schools and similar post-secondary
existing laws, rules and regulations, establish institutions and, with the approval of the
and provide for the operation of vocational and Department of Education, Culture and Sports
technical schools and similar post-secondary and subject to existing law on tuition fees, fix
institutions and, with the approval of the and collect reasonable tuition fees and other
Department of Education. Culture and Sports, school charges in educational institutions
fix and collect reasonable fees and other supported by the city government;
school charges on said institutions, subject to (xi) Establish a scholarship fund for the poor
existing laws on tuition fees; but deserving students in schools located
(xi) Establish a scholarship fund for poor but within its jurisdiction or for students residing
deserving students residing within the within the city;
municipality in schools located within its (xii) Approve measures and adopt quarantine
jurisdiction; regulations to prevent the introduction and
(xii) Approve measures and adopt quarantine spread of diseases;
regulations to prevent the introduction and (xiii) Provide for an efficient and effective
spread of diseases; system of solid waste and garbage collection
(xiii) Provide for an efficient and effective and disposal; prohibit littering and the placing
system of solid waste and garbage collection or throwing of garbage, refuse and other filth
disposal and prohibit littering and the placing or and wastes;
throwing of garbage, refuse and other filth and (xiv) Provide for the care of disabled persons,
wastes; paupers, the aged, the sick, persons of
(xiv) Provide for the care of paupers, the aged, unsound mind, abandoned minors, juvenile
the sick, persons of unsound mind, disabled delinquents, drug dependents, abused children
persons, abandoned minors, juvenile and other needy and disadvantaged persons,
delinquents, drug dependents, abused children particularly children and youth below eighteen
and other needy and disadvantaged persons, (18) years of age; and subject to availability of
particularly children and youth below eighteen funds, establish and provide for the operation
(18) years of age and, subject to availability of of centers and facilities for said needy and
funds, establish and provide for the operation disadvantaged persons;
of centers and facilities for said needy and (xv) Establish and provide for the maintenance
disadvantaged persons; and improvement of jails and detention centers,
(xv) Establish and provide for the maintenance institute a sound jail management program,
and improvement of jails and detention centers, and appropriate funds for the subsistence of
institute sound jail management programs, and detainees and convicted prisoners in the city;
appropriate funds for the subsistence of (xvi) Establish a city council whose purpose is
detainees and convicted prisoners in the the promotion of culture and the arts,
municipality; coordinate with government agencies and non-
(xvi) Establish a municipal council whose governmental organizations and, subject to the
purpose is the promotion of culture and the availability of funds, appropriate funds for the
arts, coordinate with government agencies and support and development of the same; and
non-governmental organizations and, subject (xvii) Establish a city council for the elderly
to the availability of funds, appropriate funds for which shall formulate policies and adopt
the support and development of the same; and measures mutually beneficial to the elderly and
(xvi) Establish a municipal council for the to the community; provide incentives for non-
orderly which shall formulate policies and adopt governmental agencies and entities and,
measures mutually beneficial to the elderly and subject to the availability of funds, appropriate
to the community; provide incentives for non- funds to support programs and projects for the
governmental agencies and entities and, benefit of the elderly; and
subject to the availability of funds, appropriate (6) Exercise such other powers and perform
funds to support programs and projects for the such other duties and functions as may be
benefit of the elderly; and prescribed by law or ordinance.
(6) Exercise such other powers and perform (b) The members of the sangguniang
such other duties and functions as may be panlungsod of component cities shall receive a
prescribed by law or ordinance. minimum monthly compensation
(b) The members of the sangguniang bayan corresponding to Salary Grade twenty-five (25)
shall receive a minimum monthly and members of the sangguniang panlungsod
compensation corresponding to Salary Grade of highly-urbanized cities shall receive a
twenty-four (24) as prescribed under R.A. No. minimum monthly compensation
6758 and the implementing guidelines issued corresponding to Salary Grade twenty-seven
pursuant thereto: Provided, That, in (27), as prescribed under R.A. 6758 and the
municipalities in Metropolitan Manila Area and implementing guidelines issued pursuant
other metropolitan political subdivisions, thereto.
members of the sangguniang bayan shall
receive a minimum monthly compensation
corresponding to Salary grade twenty-five (25).
THE POWER OF EMINENT DOMAIN

Constitutional basis Private property shall not be taken for public use without just compensation.
[Art. III, Sec. 9 of the 1987
Constitution]
Requisites for the exercise of the 1. An ordinance is enacted by the local legislative council authorizing the local chief executive, in behalf of the local government unit, to exercise the power
power of eminent domain by of eminent domain or pursue expropriation proceedings over a particular private property.
LGUs 2. The power of eminent domain is exercised for public use, purpose or welfare, or for the benefit of the poor and the landless
[Sec. 19 of R.A. No. 7160] 3. There is payment of just compensation, as required under Section 9, Article III of the Constitution, and other pertinent laws
4. A valid and definite offer has been previously made to the owner of the property sought to be expropriated, but said offer was not accepted. (Beluso v.
Municipality of Panay, August 7, 2006)
Phases In Municipality of Biñan v. Hon. Jose Mar Garcia, the Court ruled that there are two (2) stages in every action of expropriation: — The first is concerned with
the determination of the authority of the plaintiff to exercise the power of eminent domain and the propriety of its exercise in the content of the facts involved
in the suit. The second phase of the eminent domain action is concerned with the determination to the Court of "the just compensation in for the property
sought to be taken.
Procedure 1. File a verified complaint
[Rule 67 of the ROC] 2. Enter upon the possession of the property after due notice to the defendant and deposit of an amount equivalent to the assessed value of the property
for purposes of taxation
3. If the defendant has no objections, the latter may file and serve a notice of appearance and a manifestation to that effect
4. If the defendant has objections, he shall serve his answer.
5. If the objections are overruled, or no party appears to defend the case, the court may issue an order of expropriation.
6. The court shall appoint three commissioners to ascertain the just compensation
7. The court may after hearing,
a. accept the report and render judgment in accordance therewith, or,
b. for cause shown, recommit the same to the commissioners for further report of facts, or
c. set aside the report and appoint new commissioners; or
d. accept the report in part and reject it in part and it may make such order or render such judgment as shall secure to the plaintiff the property
essential to the exercise of his right of expropriation, and to the defendant just compensation for the property so taken.
8. If the ownership of the property taken is uncertain, or there are conflicting claims to any part thereof, the court may order any sum(s) awarded as
compensation for the property to be paid to the court for the benefit of the person adjudged in the same proceeding to be entitled thereto.
9. Upon payment of compensation, the plaintiff has the right to enter or retain the property. This will not be delayed by appeal, but should such appeal be
successful, the appellate court may order the RTC to restore possession to defendant and determine damages.
Republic Act No. 8974 RA No. 8974 covers expropriation proceedings intended for national government infrastructure projects, however, if expropriation is engaged by the national
government other than national infrastructure projects, the assessed value standard and the deposit mode prescribed in Rule 67 continues to apply. (Republic
v. Gingoyon, December 19, 2005)
LOCAL GOVERNMENT TAXATION

Fundamental principles (a) Taxation shall be uniform in each local government unit;
[LGC, Sec. 130] (b) Taxes, fees, charges and other impositions shall:
(1) be equitable and based as far as practicable on the taxpayer's ability to pay;
(2) be levied and collected only for public purposes;
(3) not be unjust, excessive, oppressive, or confiscatory;
(4) not be contrary to law, public policy, national economic policy, or in the restraint of trade;
(c) The collection of local taxes, fees, charges and other impositions shall in no case be let to any private person;
(d) The revenue collected pursuant to the provisions of this Code shall inure solely to the benefit of, and be subject to the disposition by, the local
government unit levying the tax, fee, charge or other imposition unless otherwise specifically provided herein; and,
(e) Each local government unit shall, as far as practicable, evolve a progressive system of taxation.
Common limitations The exercise of the taxing powers of provinces, cities, municipalities, and barangays shall not extend to the levy of the following:
[Sec. 133] (a) Income tax, except when levied on banks and other financial institutions;
(b) Documentary stamp tax;
(c) Taxes on estates, inheritance, gifts, legacies and other acquisitions mortis causa, except as otherwise provided herein;
(d) Customs duties, registration fees of vessel and wharfage on wharves, tonnage dues, and all other kinds of customs fees, charges and dues
except wharfage on wharves constructed and maintained by the local government unit concerned;
(e) Taxes, fees, and charges and other impositions upon goods carried into or out of, or passing through, the territorial jurisdictions of local
government units in the guise of charges for wharfage, tolls for bridges or otherwise, or other taxes, fees, or charges in an y form whatsoever
upon such goods or merchandise;
(f) Taxes, fees or charges on agricultural and aquatic products when sold by marginal farmers or fishermen;
(g) Taxes on business enterprises certified to by the Board of Investments as pioneer or non-pioneer for a period of six (6) and four (4) years,
respectively from the date of registration;
(h) Excise taxes on articles enumerated under the national Internal Revenue Code, as amended, and taxes, fees or charges on petroleum products;
(i) Percentage or value-added tax (VAT) on sales, barters or exchanges or similar transactions on goods or services except as otherwise provided
herein;
(j) Taxes on the gross receipts of transportation contractors and persons engaged in the transportation of passengers or freight by hire and common
carriers by air, land or water, except as provided in this Code;
(k) Taxes on premiums paid by way or reinsurance or retrocession;
(l) Taxes, fees or charges for the registration of motor vehicles and for the issuance of all kinds of licenses or permits for the driving thereof, except
tricycles;
(m) Taxes, fees, or other charges on Philippine products actually exported, except as otherwise provided herein;
(n) Taxes, fees, or charges, on Countryside and Barangay Business Enterprises and cooperatives duly registered under R.A. No. 6810 and Republic
Act Numbered Sixty-nine hundred thirty-eight (R.A. No. 6938) otherwise known as the "Cooperative Code of the Philippines" respectively; and
(o) Taxes, fees or charges of any kind on the National Government, its agencies and instrumentalities, and local government units.
Special Provisions on LGUs 1. Provinces [Sec. 134-141]
a. Tax on Transfer of Real Property Ownership
b. Tax on Business of Printing and Publication
c. Franchise Tax.
d. Tax on Sand, Gravel and Other Quarry Resources
e. Professional Tax
f. Amusement Tax
g. Annual Fixed Tax For Every Delivery Truck or Van of Manufacturers or Producers, Wholesalers of, Dealers, or Retailers in, Certain Products.
2. Municipalities [Sec. 142]
a. Tax on Business
b. Rates of Tax within the Metropolitan Manila Area
c. Retirement of Business
d. Payment of Business Taxes
e. Fees and Charges
f. Fees for Sealing and Licensing of Weights and Measures
g. Fishery Rentals, Fees and Charges.
h. Situs of the Tax
3. Cities [Art. 151]
a. Cities may levy the taxes, fees, and charges which the province or municipality may impose
b. The rates may exceed the maximum rates allowed for the province or municipality by not more than 50% except the rates of professional
and amusement taxes.
4. Barangays [Sec. 152]
a. Business taxes
b. Service fees and charges
c. Barangay clearance
Common Revenue-Raising Powers 1. Service Fees and Charges.
2. Public Utility Charges.
3. Toll Fees or Charges
Community tax Who are liable
1. Individuals – Every inhabitant of the PH eighteen (18) years of age or over who has been regularly employed on a wage or salary basis for a t least
thirty (30) consecutive working days during any calendar year, or who is engaged in business or occupation, or who owns real property with an
aggregate assessed value of One thousand pesos (P1,000.00) or more, or who is required by law to file an income tax return
2. Juridical persons - Every corporation no matter how created or organized, whether domestic or resident foreign, engaged in or doing business in the
Philippines

Exemptions
(1) Diplomatic and consular representatives; and
(2) Transient visitors when their stay in the Philippines does not exceed three (3) months.
Civil Remedies for Collection of 1. Local Government's Lien.
Revenues 2. Civil Remedies.
a. By administrative action thru distraint of goods, chattels, or effects, and other personal property of whatever character
b. By judicial action
3. Levy on Real Property
4. Advertisement and Sale
LOCAL TAXATION

PROVINCES CITIES BARANGAYS


Section 134. Scope of Taxing Section 151. Scope of Taxing Section 152. Scope of Taxing Powers. - The barangays may levy
Powers. - Except as otherwise Powers. - Except as otherwise taxes, fees, and charges, as provided in this Article, which shall
provided in this Code, the provided in this Code, the exclusively accrue to them:
province may levy only the city, may levy the taxes, fees,
taxes, fees, and charges as and charges which the (a) Taxes - On stores or retailers with fixed business
provided in this Article. province or municipality may establishments with gross sales of receipts of the preceding
impose: Provided, however, calendar year of Fifty thousand pesos (P50,000.00) or less, in the
Section 135. Tax on Transfer case of cities and Thirty thousand pesos (P30,000.00) or less, in
That the taxes, fees and
of Real Property Ownership the case of municipalities, at a rate not exceeding one percent
charges levied and collected MUNICIPALITIES
Section 136.Tax on Business by highly urbanized and (1%) on such gross sales or receipts.
of Printing and Publication independent component Section 142. Scope of Taxing
Powers. - Except as otherwise (b) Service Fees or Charges. - Barangays may collect reasonable
Section 137. Franchise Tax. cities shall accrue to them fees or charges for services rendered in connection with the
and distributed in accordance provided in this Code,
municipalities may levy taxes, regulations or the use of barangay-owned properties or service
Section 138. Tax on Sand, with the provisions of this
fees, and charges not facilities such as palay, copra, or tobacco dryers.
Gravel and Other Quarry Code.
Resources otherwise levied by provinces. (c) Barangay Clearance. - No city or municipality may issue any
license or permit for any business or activity unless a clearance is
Section 139. Professional Tax
The rates of taxes that the first obtained from the barangay where such business or activity
Section 140. Amusement Tax city may levy may exceed the is located or conducted. For such clearance, the sangguniang
Section 141. Annual Fixed Tax maximum rates allowed for barangay may impose a reasonable fee. The application for
For Every Delivery Truck or the province or municipality clearance shall be acted upon within seven (7) working days from
Van of Manufacturers or by not more than fifty percent the filing thereof. In the event that the clearance is not issued
Producers, Wholesalers of, (50%) except the rates of within the said period, the city or municipality may issue the said
Dealers, or Retailers in, professional and amusement license or permit.
Certain Products. taxes. (d) Other fees and Charges. - The barangay may levy reasonable
fees and charges:
(1) On commercial breeding of fighting cocks, cockfights and
cockpits;
(2) On places of recreation which charge admission fees; and
(3) On billboards, signboards, neon signs, and outdoor
advertisements.

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