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R.A. 5185

R.A. 5185

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Published by: BLP Cooperative on Oct 30, 2011
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10/30/2011

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1
REPUBLIC ACT No. 5185
 
AN ACT GRANTING FURTHER AUTONOMOUS POWERS TO LOCAL GOVERNMENTS
 
Section 1.
 
Short Title.
This Act shall be known as the Decentralization Act of 1967.
Section 2.
 
Declaration of Policy.
It is hereby declared to be the policy of the State to transform localgovernments gradually into effective instruments through which the people can in a most genuinefashion, govern themselves and work out their own destinies.It is therefore, the purpose of this Act to grant to local governments greater freedom and amplermeans to respond to the needs of their people and promote their prosperity and happiness and toeffect a more equitable and systematic distribution of governmental powers and resources. To thisend, local governments henceforth shall be entrusted with the performance of those functions thatare more properly administered in the local level and shall be granted with as much autonomouspowers and financial resources as are required in the more effective discharge of theseresponsibilities.
Section 3.
 
Additional Powers and Functions.
The provincial and city governments are herebyempowered to undertake field agricultural extension work and rural health work whenever deemed tobe necessary by the Provincial and Municipal Boards or City Councils to assist or supplementexisting national programs or services in their respective areas of jurisdiction. These services shallbe administered in accordance with the policies and programs formulated by the national officesconcerned. The National Government shall render technical, financial and other assistance to localgovernments in connection with said services.To enable the provincial and city governments to undertake the aforementioned functions, they shallretain the amounts heretofore contributed by provincial, city and municipal governments to theNational Government for field agricultural extension and rural health work, which shall accrue to thegeneral fund of the province.
Provided 
, That upon the effectivity of this Act, all personnel performing the above services whosesalaries are paid out of the amounts contributed by the provincial and municipal governments, shallbe absorbed by the provinces or municipalities where they are regularly or presentlyassigned:
Provided, however 
, That the personnel heretofore mentioned shall not be laid off as aconsequence of the provision of this section, and shall forthwith be subject to civil service law, rulesand regulations: And
Provided, further 
, That in cases of subsequent vacancies the same shall befilled in accordance with the pertinent and applicable provisions of this Act.As a result of the provisions of this section, the Budget Commissioner shall make the necessary andcorresponding adjustments in the national budget.
Section 4.
 
Appointment of Heads, Assistant Heads of Local Offices and Their Subordinates.
TheProvincial Assessor, Provincial Agriculturist and other heads of offices entirely paid out of provincialfunds and their respective assistants shall, subject to civil service law, rules and regulations, beappointed by the Provincial Governor:
Provided, however 
, That this section shall not apply toJudges, Auditors, Fiscals, Division Superintendents of Schools, Supervisors, Principals, ProvincialTreasurers, Provincial Health Officers and District Engineers.The City Assessor, City Agriculturist, City Chief of Police and City Chief of Fire Department andother heads of offices entirely paid out of city funds and their respective assistants or deputies shall,subject to civil service law, rules and regulations, be appointed by the City Mayor:
Provided,however 
, That this section shall not apply to Judges, Auditors, Fiscals, City Superintendents ofSchools, Supervisors, Principals, City Treasurers, City Health Officers and City Engineers.The Municipal Chief of Police and Municipal Attorney and other heads of offices entirely paid out ofmunicipal funds and their respective assistants or deputies shall, subject to civil service law, rulesand regulations, be appointed by the Municipal Mayor:
Provided, however 
, That this section shall notapply to Judges and Municipal Treasurers.In cases of vacancies in the offices of heads and assistant heads of local offices, the governor ormayor shall fill them by appointment from a list of the five next ranking eligible and qualified persons
 
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as certified by the Civil Service Commissioner:
Provided 
, That these five persons shall have statedbeforehand that they will assume the position, if appointed.The ranking shall be based on such factors as class of province, city or municipality where thevacancy occurs, seniority, efficiency rating, extraordinary qualifications and other supplementarycriteria as may be prescribed by the Civil Service Commission.All other employees, except teachers, paid out of provincial, city or municipal general funds, roadand bridge funds, school funds, and other local funds shall, subject to civil service law, rules andregulations, be appointed by the Provincial Governor, City or Municipal Mayor upon recommendationof the office head concerned. Such recommendation shall be made within fifteen days after theexistence of a vacancy, otherwise the recommendation of the office head concerned shall bedeemed waived.Upon effectivity of this Act, all officials and other employees appointed by the local chief executiveshall be paid entirely out of local funds.Within thirty days after the existence of a vacancy, provided that funds are available as certified bythe provincial, city or municipal treasurer concerned, the local chief executive concerned shallappoint a suitable person to fill such vacancy. In the case of a chief or assistant chief of a localoffice, appointments for such vacancies shall be submitted within the same period prescribed above.The suspension, removal, transfer and other personnel action on the heads of offices and their otheremployees in provinces, cities and municipalities shall be subject to the provisions of civil servicelaw, rules and regulations.The maximum salary scales for officials and employees authorized under existing law for first classprovinces, cities and municipalities may, subject to the proviso herein, also be applicable to officialsand employees of all other lower class provinces, cities and municipalities, subject to availability offunds and observance of civil service law, rules and regulations:
Provided, however 
, That an officialor employee can be eligible for the salary scales of the next higher class province, city ormunicipality after every two years of continuous service.
Section 5.
 
Suspension and Removal of Elective Local Officials.
Any provisions of law to the contrarynotwithstanding, the suspension and removal of elective local officials shall be governed exclusivelyby the provisions of this section.The grounds for suspension and removal of elective local officials are the following: (a) disloyalty tothe Republic of the Philippines; (b) dishonesty; (c) oppression; and (d) misconduct in the office.Written subscribed and sworn charges against any elective provincial and city official shall bepreferred before the President of the Philippines, against any elective municipal official before theprovincial governor or the secretary of the provincial board concerned; and against any electivebarrio official before the municipal or city mayor or the municipal or city secretary concerned.Within seven days after the charges are preferred, the President, Governor, or Mayor, as the casemay be, or his duly authorized representative, as provided in the preceding paragraph, shall notifythe respondent of such charges. The President, Provincial Board and City or Municipal Council, asthe case may be, shall hear and investigate the truth or falsity of the charges within ten days afterreceipt of such notice:
Provided 
, That no investigation shall commence or continue within ninetydays immediately prior to an election. The preventive suspension of the respondent officer shall notextend beyond sixty days after the date of his suspension. At the expiration of sixty days, thesuspended officer shall be reinstated in office without prejudice to the continuation of theproceedings against him until their completion, unless the delay in the decision of the case is due tothe fault, neglect or request of the suspended officer, in which case, the time of delay shall not becounted in computing the time of suspension:
Provided, however 
, That if the suspended officer shallhave been found guilty as charged before the expiration of the thirty days, his suspension, in thecase of municipal and barrio officials, may continue until the case is finally decided by the ProvincialBoard.The respondent shall have full opportunity to appear and defend himself in person or by counsel, toconfront and cross-examine the witnesses against him and to require the attendance of witnesses
 
3
and the production of documentary evidence in his favor through the compulsory process ofsubpoena or subpoena duces tecum.Within thirty days after the end of investigation, the President, Provincial Board, City or MunicipalCouncil, as the case may be, shall render its decision in writing, stating clearly and distinctly thefacts and the reasons for such decision and shall immediately furnish copies of the decision to therespondent and all interested parties:
Provided 
, That the penalty of suspension shall not exceed theunexpired term of the respondent:
Provided, further 
, That the penalty of suspension or removal shallnot be a bar to the candidacy of the respondent so suspended or removed for any elective publicoffice as long as he meets the qualifications so required for the office: And
Provided, finally 
, That thedecision shall not preclude the filing of criminal actions arising from the same charges as providedfor under existing laws.In case of appeals from decisions of suspension or removal, the provisions of existing laws shallcontinue to be applicable.
Section 6.
 
Prohibition Against Practice.
A member of the Provincial Board or City or MunicipalCouncil shall not appear as counsel before any court in any civil case wherein the province, city ormunicipality, as the case may be, is the adverse party:
Provided, however 
, That no member of theProvincial Board shall so appear except in behalf of his province in any civil case wherein any city inthe province is the adverse party whose voters are en-franchised to vote for provincial officials, norshall such member of the Provincial Board or City or Municipal Council appear as counsel for theaccused in any criminal case wherein an officer or employee of said province, city or municipality isaccused of an offense committed in relation to the latter's office, nor shall he collect any fee for hisappearance in any administrative proceedings before provincial, city or municipal agencies of theprovince, city or municipality, as the case may be, of which he is an elected official.The provisions of this Section shall likewise apply to provincial governors and city and municipalmayors.
Section 7.
 
Succession to Office of Vice-Governor and Vice-Mayor.
In case a vacancy occurs in theoffice of Vice- Governor or Vice-Mayor, the board or council member, as the case may be, whoobtained the highest number of votes, or in cases of provinces, cities, or municipalities where theprovincial, city or municipal board members are elected by districts, the highest percentage of totalvotes cast in the last election, shall succeed to the officer:
Provided, however 
, That such membermeets all the requirements for the position:
Provided, further 
, That in case of a tie, the pertinentprovisions of the Revised Election Code shall apply.
Section 8.
 
Filling of Special Vacancies in Local Legislative Bodies.
Vacancy occurring in Board orCouncil as a consequence of the preceding Section shall be filled automatically by the Board orcouncil member who obtained the second highest number of votes, or if the provincial, city ormunicipal board members are elected by districts, the second highest percentage of total votes castin the last election. Succeeding vacancy or vacancies as a result of such succession shall be filledautomatically by other members as ranked on the basis of the number of votes or percentage ofvotes received.Vacancies occurring in the board or council created through death, resignation, permanentincapacity, removal from office or as a consequence of the preceding paragraph prior to sixty days ofa presidential election shall be filled by special election coinciding with such presidential election.Any person so elected shall be last in the ranking of board or council members. If the vacancyoccurs after such period, the President alone, in the case of elective provincial and city officials andthe provincial governors in the case of elective municipal officials, shall appoint qualified personbelonging to the political party or faction of the officer whom he is to replace, upon recommendationof the said political party or faction and who shall serve the unexpired term of the office:
Provided 
,That in cities where councilors are elected by district, the qualified person shall come from the samedistrict where the vacancy exists. Such appointment shall be made within fifteen days after therecommendation of the respective political party or faction has been received. In case of temporaryvacancies, the provisions of existing laws shall continue to be applicable.
Section 9.
 
Filling of Elective Offices in Newly Created Provinces, Cities, Municipalities or Municipal Districts.
Elective offices in any new province, city, or municipality or municipal district shall be filledby regular or special elections to coincide with the next regular presidential or localelection:
Provided 
, That if it is created within thirty days before a regular presidential or local election, the said vacancies shall be filled as hereinafter provided in the next succeeding section.

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